The Savannah morning news. (Savannah, Ga.) 1900-current, 1901-03-25
FULL DAY IN COURT
MURDER TRIAL AND GRAND JURY
SESSION AT THE SAME TIME.
ON TOMORROW MORNING.
HENRY BROOKS WILL FACE A JURY
FOR MURDER OF FENDER.

In the Afternoon the Grand Jury
VIII Investigate Charges of sum
day Violations Made by Law and
Order League-TO-morrOw VIII BE
the Third Day for which the
Brooks Case Has Been Assign ed.
Negro strengthened by Direct
TestimOny-Fifty Cases for Grand
Jury to Consider.
Tomorrow will be full day in the Su-
perior Court. The trial of Henry Brooks,
the negro charged with the murder of
Patrolman Harry B. Fender, has been as
signed for Monday, and the grand jury
will meet in the afternoon to investigate
the charges made by the Law and Order
League.
Not only is tomorrow the day assigned
for the trial of Brooks, but it is believed
to be the day upon which the trial will
take place. On two former occasions
when the case was assigned for trial, il
had to be postponed on account of the
illness of Judge Twiggs, senior counsel for
the defendant.
On the first occasion Judge Twiggs was
in bed with the grip, and though on last
Thursday, for which day it was reas-
signed at the time of the first postpone
ment, Judge Twiggs had in part recov-
cred, he was still but convalescent and
the exertion of a long trial of the pre-
ceding day had worn him out. He was
not able to go on with the trial of the
Brooks case, and Judge Falligant grant
ed a second postponement
The trial is bound to be an interesting
one and it will be a hard-fought legal
battle from the time the name of the first
juror is called until the verdict of the
jury is returned.
For some days after the killing the
state had no other evidence upon which
to secure the conviction of Brooks than
that furnished by and to be deduced
from the circumstances of the killing
and his known proximity at the time.
Subsequently, however, a witness was Sc
cured who was within a few feet of
Brooks at the time of the shooting, and
who has positively identified him as the
man who fired the fatal shot. Whatever
discredit is cast upon this testimony
springs from the facts that the witness
made no immedite report of what he had
seen to the officers of the law and that,
at the time of the homicide, he made no
effort to prevent the shooting, to arrest
the offender or to give information as to
his identity that would have led to his
arrest by the policemen securing the
neighborhood. These are facts for the
witness to explain, and it is impossible to
think they will not be worked by the de-
fendant's counsel for all they are worth.
What the line of Brooks defense will
be is known only in the most general
way. Consistently since the time of his
arrest, the negro has declared that he
had nothing to do with the shooting of
the policeman, and that he was not in
that immediate neighborhood at the time.
An attempt to prove an alibi will prob
ably be made but what the nature of this
alibi will be or by whom it is to be proved
is known only to the prisoner and his
counsel.
Messrs. Twiggs & Oliver, who repre-
sent the negro, have expressed their con-
fidence in his innocence and their ability
to prove this TO the jury.
While the trial of Brooks is in prog
ress, during the afternoon, the grand jury
will be Investigating the Law and Or
der Leagues charges against those per-
sons who are said to have violated the
laws against the sale of liquor and other
articles, soda water, particularly, on Sun
day.
At the special request OF the Law and
Order League the grand jury has con-
scented to devote an entire session TO
hearing the evidence against these al
legged violators of the law. There are
said to be fifty or more cases, many of
which are against proprietors of bar
rooms, but the greater number of which
have those engaged in other occupations
as parties defendant. Sellers of soda
water beefsteaks. -four, bananas and
shoestrings are all on the list.
AS announced in the Morning News Of
Saturday, the evidence in these cases has
been secured by Messrs. Jasper N. Nc
ellis. Adolphus S. Canuet, Thomas B.
Gracen and George w. Beach. They will
appear before the grand Jury and tell
how the law has been violated in each
particular case.
With so many Sunday violation cases
to consider it is not probable that the
grand jury will have much time to de-
vote to an investigation of the stories of
politicalN debauchery at the last election,
even if it should feel inclined to do so.
1t is likely that the investigation. if it
is to be made. will be at some more dis
tant session.