The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1903-11-19
MUCH ARGUMENT
in ASSAULT CASE
Progress in Trial Of Ernest
Brooks at Chesterfield is
Not Rapid.

Especial to The TImes-Dispatch.)
CHESTERFIELD, VA. Nov. 1s.-The
County Court resumed this morning the
trial Of Ernest Brooks. the youth whose
life perhaps hangs In the balance. with
the grave charge against him OF criminal
assault on little white child OF only
eleven years Of age.
Testimony for the prosecution occupied
oil the afternoon yesterday. Tho prisoner
the while sat beside his father, Mr..
George Brooks, and his counsel, at the
bar. and appeared Interested, though
calm and self-possessed He is youth.
apparently about seventeen years Of age.
and has q girlish face. which Is In no way
hardened or repulsive
The only witnesses examined yesterday
were little Kate Heinste!n herself and DR..
J. 3. Fisher, the physician who exam
lned her the night after she was assault
ed. The child gave her age rs eleven
years and twenty-tour days. and stated
that she had been going to school Ave
years, and also went to Sunday-school.
Though SO young and small for her age,
she gave a clear and intelligent account
of the assa ult upon her, and positively
Identified Ernest Brooks, sitting at the
bar, as her assailant, saying she had pre-
yiously known him for a number Of
years. The crime, she said, was COM
mitted by force on tho afternoon OF
October 29th, as she returned from school
4 to her home.
DR.. Fisher testified that he was called
to the little girls bedside about midnight
~. v9A hos IN totn NJ
excitement and nervousness. and exa1ni-
nation OF her proved that crime had
been committed. though there were no ex-
ternal bruises on her body.
DR.. J, B. Fisher. who was on. the Wit
ness stand yesterday evening when court
adjourned, resumed his testimony this
morning.
In his cross-examination OF Or, Fisher
on yesterday, Mr.. Pulliau1, attorney for
Brooks, directed his questioning along q
line not opened up by. the prosecution in
the examination In chief, and thereupon
the Commonwealth attorney contended
that this made the Doctor the defense's
witness. The court would not rule on
the question until this morning, and then
rot until nearly an hour had been con.
sumed In argument, so that the teati-
mony to-day was not resumed till noon.
The courts ruling sustained the conten-
ton of the prosecuting attorneys, Judge
Gregory and Mr.. George E. Wise, and
DR.. Fisher was held to be q witness for
the defense.
DR.. Fisher Is the family physician OF
Mr.. Joseph Heinstein, and was called
about midnight to attend bis little daugh-
ter, Kate, after she was assaulted, DC.
tober 10Th. His testimony. with that OF
the little child herself, who testified yes
terday. and her mothers. seems to make
clear case against Brooks. and there
are yet several witnesses for the Com
monwealth to be Intercepted.
No witnesses for the defendant WILL
probably be put on the stand before to-
morrow afternoon or evening A good
deal Of the testimony is being taken down
In longhand, SO that the case Is dragging
YEARLY on, and may yet last several
days.
The case OF the Commonwealth against
Berkeley White Ccolored). who was to
BIO tried for murder on next Friday, has
been continued, and will probably not be
heard till after the Walden trial In De-
cember,
William Jordan (colorsd) will be tried
for housebreaking and larceny Saturday.
Monday the county supeedso will meet,
and the day following Judge Hancock
will try a case In the Circuit Court here,
BY that time the fifteen days which the
County Court may hold will have expired.