Perth Amboy evening news., 1911-05-25
BR0KAW GETS
AN ACQUITTAL
Nan Accused of Murder Is
Set Free by Verdict of
the Jury.
PLEh WAS SELF DEFENSE
End of One of the Shortest
Murder Cases On Record
in County.
PLEA WAS SELF DEFENSE
snsosaI to the EVENING gEYs

snecsaI to the EVENING NEWS.
New Brunswick, May 25:-After
being out from 1890 O'Clock until
2:15 O'Clock this afternoon the Jury
brought in verdict of acquittal in
the case of the State vs.. Clinton
Brokaw, who was held on the charge
of numbering Joseph Rafferty, on the
evening of May l, 1909. The YER
dict was received by Justice Bergen.
1t was one of the quickest murder
trials held here in some time. The
trial began yesterday morning when
the jury was drawn in eighteen min
utes.
Brokaw was defended by Senator
George s. Silzer, who claimed self
defense and justification. The state
held that Brokaw had shot Rafferty,
on the night mentioned after a quar-
rel, which had been preceded by
heavy drinking in James Mannion's
saloon. Brokaw claimed that he and
Rafferty, had quarreled and Rafferty,
had chased the defendant to the lat
ter's home, where the shooting took
place. Rafferty, died later in Plain
field hospital.
Brokaw gave himself up to Prose-
cutor Booraem about two weeks ago
after being absent and pursued for
two years.
End of Testimony.
The taking of the testimony was
ended yesterday afternoon. Justice
Bergen had kept the trial moving
brfskly. His time is much occupied
and he had but two DAYS to devote
to this trial. He was determined to
m ir9n
lays.
The State occupied the morning
session and the defense the afternoon
session.
Brokaw was the chief witness for
| the defense and he admitted shooting
| Rafferty, and claimed that he did so
| only when he feared his own life.
1t was brought out during the trial
that he had pleaded guilty once to
malicious mischief and had been
placed on probation for that crime.
when Judge Booraem was on the
| bench.
The defendant claimed that he had
been cut about the face by oafferty
and had shot when Rafferty, picked
up an axe and had attempted to enter
his home.
The defendant said that he had
been in New Jersey most of the time
ssince the shooting and had visited
/ his home several times.
| Heard Threats.
John Weber, of Lincoln, testified
that he had heard Rafferty, make
| threats against Brokaw.
The prosecutor objected to going
into this unless it was shown that
Brokaw had knowledge OF these
| threats. The court permitted the
questions, after a Supreme Court de-
cision written by himself, had been
cited.
Weber said that when Rafferty, had
a little drink in him he was scrappy.
He had heard Rafferty, say that he
would kill Brokaw, but not in Bro
| kaw's presence.
| Traced Foot Prints.
George Harris, Piscataway town
ship committeeman, testified that he
had followed tracks the next morning
toward the Mannion place The foot
prints were heavy and far apart, in
diosting to him that the men had
| been running. Rafferty, was much
larger than Brokaw. He had heard
Rafferty, threaten to knock Bro
kaw's block off,
A Mussy Man.
James Benson, former constable of
Dunellen, said that Rafferty, was a
mussy man when drunk. He had
never seen Rafferty, fight anyone.
Wanted to Borrow Gun.
John Garrigan, of Plainfeld, for
merly of Lincoln, testified that Raj
ferty had once tried to borrow gun
from him, saying that he had had
some trouble at Rapps Hotel. He
/ had worked with Rafferty, for i've
years and didn't consider him a
scrappy man.
]. M. Gobel was the last witness
| for the defense, testifying to Raffer-
tvs scrappy disposition.
The prosecutor called some OF the
witnesses in rebuttal, who testified
they had seen no cut on Brokaw's
face the night of the shooting.
Deputy Clerk Helm and Assistant
Prosecutor Watson were called 10
prove the conviction OF Brokaw and
his term of probation.
Objected to a Time Limit.
| At the conclusion of the taking or
the testimony, Justice Bergen wanted
| senator Silzer to utilize the remain
ing twenty minutes for summing up
his case The senator objected to
chopping his argument In two pre-
| ferring to let the case go over untll
this morning and complete his argn-
ment at one time.
The court asked him how much
time he wanted and he replied that
he would rather not be tied down 10
time that he wanted TO be free 10
make his argument without time re-
! etriction. He said that he had been
assigned to defend the boy, that the
/ bov's liberty was at state and that
he wanted to present the boys case
thoroughly. He finally said that ne
thought that he could finish IN an
hour, but didn't want to be tied down
to that time.
The prosecutor said that he could
get along with forty-fve minutes, put
/ n the senator took an hour ne also
would want an hour.
Jury at Mansion House.
The Jury was put at the Mansion
House last night, in charge OF Con
stables O'Brien and McCabe; They
we're warned not to discuss the case
Farmers Must Garry Lights.
Bridgeton, May 25:-Mayor
Hampton has given public notice that
he will cause the arrest of all per
sons who drive in the city of Bridge
| ton without lights upon their wagons,