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Era m in a Uon of Canada^-Coii- ' 134elusion of (lie Testimony. of \lWe print below (from the Tribune) the ran* Butstfere*Theeluding testimony in the examination of Hen Canada for killing Brooks. It will he ge^n that the Magistrate held the accused U» bail in ! ed ? $1,000 to answer th« charge of manslaughter; inglt;i FRIIUV AlTEKSOON.s‘ ! r H\ McCracken—Have known defendanti-all 5mordue*about thr*-e years; he is quiet., peaeable, and 1- industrious: saw him on the evening of Julyy ; I It h at the residence of B. South; he said he ft 8ehad had a difficulty with Jack Brook , that Jack hud abuseu him, and when he went down stairs bad struck him first. He had a wound j Gf c oa his forehead, w neb he said was made with a stave. Saw some blood on bia coat; it badier-iuJO•r-butand•ucbeen partly washed off. j:Mrs U South.—Know defendant; saw him on the evening of the difficulty about half-pastat 1 tjioe o'clock I was up stairs when the doortteP-a*T8lt-:e.diuietatunclus!cilbell rang. Mr. South went down when I saw defendant at the door bloody, and much excited. He said he waoted Mr. S. to go with him up town, as he bad had a difficulty with Jack | ^ tirouks, and had cut him; but said Brooks struck him first with a stive. The blood was running from his forehead.Joseph Uexchy.—Know the defendant, and also knew Brooks. Was near Temperance j lfo j Had on the evening of the 14th of Julv. ^ tn. IPl • r* • » xi » . ■' -. i I i tral Kirk was with me. lie went up stairs, and 1r*' stood on the corner of Market street. In a ■ 8181rnoancthem-is;iesaser-of! aia-nilee-ibeitsIlie!Itediiu{,n u be thlt;ouSuot!Hietotlo-tlietoindtheini-few rninules Brooks came down and set on some satt barrels against the house. He looked as if he had his coat off. Saw some other person come down; Brooks raised up and struck him; 1 th nk with a stave or board.The small mao bad gut to the middle of the pavement when B. struok him. They both rau into the street. Brooks stooped dowu as if to pick up something; the other man rau away. Brooks then said, “he has cut me; never mind,HI kill him.”Cross examined—The night was clear. Saw no one come down efter Brooks, and before the uiau be struck; saw ootbiug in ].’» bauds before he struck; saw him raise hie arm above | |his head. No words passed betweeu the parties. S*w no other persons about.Envch Higgle.—Have known defendant for twenty years; his character is good He was with me on the ferry boat 12 or 14 years, and I uever knew him to have a fusa with anybody.Harvey Cutshair —Know defendant and kuew Brooks Have heard the latter make threats against the former About a year ago last March I knew there was ao ill feeling be* twe.n them Six months afterwards I heard Brooks say that be would whip Ben Canada He afierwar la threatened to whip Canada, andtold me nut to say anything about it. i didS*aneleexXLoildisicy tell Canada, however Again he said he wouldthed#teithwiTtianmg«V Ihaheloimash Ben Canada's mouth Three weeks be fore tho difficulty I told Canada to beware, as ; Brooks inteuded to whip him Canada re- pi i lied ruildly lie said he had nothing against Brooks.Mr s H V Christy.—Know defendant and *'| knew Brooks 1 was at the Temple on the evemng of the difficulty I heard Brooks in site Canada out to fight Cauada did uot want to go, he did not want any difficulty Brooks drew back to strike him, when I stepped between them and said if any blows were struck I would receive them B then said he would whip him if he had to stay all night to do it In a lew minutes after this they both left As Brooks left he said. “come on Cross Examined—In the conversation Cana-nd.ana•ntsnan itse r isN.hiadd:lt;iaStt€, » da said to Brooks, “if I go down stairs. Jack, j D 1 shall ruin you ” He said to me that Brooks j,?8 had insulted him j thre-itnksMrs. Porter —Was sitting in the boarding j Li house of Mr Brow, nearly opposite Temper* ! jI} ance Hall building, on the evening of the diffi- ! • eulty Was looking at tlie hall door; saw a ; large man come down, followed by a stnall one | The large man struck the small one with some-:ion | thing he had in his hand: sounded like a boardIQthero-in-nd.fori to•eatThe striking took place as soon as the email j blt;cllaIrthse:ionman came down The large man then took after the small one ■Cross examination —Saw no one come down after the large man and before the small one. j Saw no stone, but saw him lift up something from the side of the pavement.J. H. Prow.—On the evening in question I was sitting in front of my house, with my back I cc to Market street; a noise or crash attracted my attention; did not see the first of the difficulty.\ W D. Morris—I occupy Temperance Hall lPnt building. About the 14th of July there were hogshead staves lying about in the gutter.—a j The staves would weigh five or six pounds. iMiss Jennie JVeirhanks.—I was at the Tem- j '}x pie ou the evening of the 14th of July. Know jiD Canada, knew Brooks. I heard Brooks say to Canada if he would come down he would whip him. Canada did not want to go. This was at recess, and is all I know about it.John KenshaiCy Jr.—Know Canada and knew Brooks. Was at the Temple on the evening of the difficulty, but heard no threats. Saw Brooke go down stairs I waa in the an-! 81 te-room. In about five minutes Canada went! •lt; dowD. I wait down right behind him. When at 1 was about two thirds of the way dowu the lower stairs, I beard a blow which soundedlike on# gi*#n by * #t«lt;ek Wb*n 1 reached th#00j | door Brooks was in the street picking up * rlt; something. Canada was ruuniog away. a13.em.uioffowousling!•»*mhiit it wasuudneeid itihiefhasPBrooks said, “G—d d—a you, you've cut me, and I’ll kill you.’*(Vos* examination.—I saw a knife in Cana* , da's bands while I waa going down stairs. It ^ was a common pocket kuife. IWm. B Lent.—Have known defendant 4 or U 5 years. He is very peaceable and quiet— unusually ao.Mr. Porter.—On the evening of the 14th I eon- i WA8 sitting in front of Prow’s hoarding house, ^’ looking at Temperance Hall Saw a large j man come down, go to the end of the side-at a I walk, and theu sit down on some bar rels. In »ntv I a^oul * or *** roioutes a small man came down.Just as the latter was stepping out of the door ias a the large man struck him. Two more men the j then came out and rushed at them. The blow pod ■ sounded loud. The large man lifted both his haads to strike with his weapon. Saw two men on the edge of the pavement behind Brooks, who were looking towards Market street Cross-Ex —The large man had his coat on. He did not stoop when he went to the edge of the pavement. 1 was in a position to see every blow that waa struck. I did not see the small 1€ mau strike the large one. Could not say that the weapon used was a stave. Do not know what.The defence here rested. Justice Jocelyn said he waa sa*i*fied that defendant was not guilty of murder in the first or second degrees. He might be guilty of manslaughter, and he would accordingly hold him to bail in the sum of $1,000 to await his trial at the next term of the Circuit Court. The required bail was promptly given by W. B. Lent and B. South. *seendacep hyf the rack hadhimn,10 a1c(]1a!argeuakethe^afe-iousdiabtysi*c(r1ccf11«I
Newspaper Details
New Albany Weekly Ledger
New Albany, Indiana, US
Wed, Aug 17, 1859
Page 2
Full Page
Clipped by
Jennifer H.
USA 02 Jan 2023
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