Job Brooks Murder, 1863
The following articles are from newspapers chronicling the murder of Job Brooks, and the trial of his son and wife in that case, Keturah Ann Brooks. The murder occurred in the spring of 1863 in Vincentown, and ultimately ended in the conviction and execution of Brook's son for the murder. The mother was found not guilty, and it appears she was dragged into the trial by the other two, who accused her in an attempt to cover their own crime.
The murder must have been quite sensational--quite a bit of newspaper coverage was devoted to it. Prison statistics for Burlington County in 1863, quoted in the New Jersey Mirror, indicate that there was no one else arrested for murder in the county that year.
John D. Thompson's obituary in the New Jersey Mirror of 30 Apr 1890 says he was born at Quaker Bridge, around 1807 or so:
"At Tuckerton, February 28, 1890, John D. Thompson, Esq., in his 83d year. The deceased had been for many years closely identified with the interests of the sea-shore section of Burlington County, having lived the greater part of his life at Tuckerton. He was born at Quaker Bridge, in Washington township, in the year 1807, and at the time of his death was within a few weeks of completing his eighty-third year. He removed to Tuckerton while a young man and became proprietor of the stage line between that place and Philadelphia, and soon after married Sarah Bartlett, a daughter of Nathan Bartlett, of Tuckerton, who was a highly respected member of the Society of Friends...."
Unless otherwise noted, the articles are from the New Jersey Mirror.
19 Mar 1863:
The murder of Job Brooks, near Vincentown, continues to create considerable excitement in the neighborhood, and the citizens are making every effort to bring the murderer to justice. [note: according to this site, his body was discovered on March 9th]. There is no doubt but that the unfortunate man was knocked down with a stick of wood and then stabbed with a sharp instrument, most probably a dirk.--The stick of wood with which he was felled to the ground, it is believed, has been found near his own wood pile, but the dirk has not yet been discovered. Robbery could not have been the motive of the villain, as the money, watch, &c., that Mr. Brooks had about him, were left untouched. When the hellish deed had been accomplished, the victim was dragged to the ditch and tumbled in. So cold-blooded and inhuman a crime, is seldom committed, and it is the sincere wish of every one that the perpetrator may be speedily detected. Mr. Brooks was a reasonably temperate man, of a kind and amiable disposition, always meeting his friends with the same pleasant countenance and cheerful salutation, and he was the last one who it was thought would fall by the murderer's hand. He had worked for Mr. Arthur Haines, in Vincentown, about 35 years. The Coroner's Jury had a second session on Monday, and did not conclude their labors until one o'clock, Tuesday morning.--The substance of their verdict is, that Mr. Brooks came to his death at the hands of some person or persons unknown, but that the evidence points strongly to a member, or members, of the family, as the guilty party. We learn that the son has left the neighborhood.
March 26, 1863:
Nothing further has been elicited in reference to the murder, near Vincentown.--Charles Brooks, son of the deceased, a young man about 21 years of age, and upon whom suspicion rests as being guilty of the awful crime, left the neighborhood on Sunday night week. He reached Ellisburg about daylight, where he stopped at the hotel, called for a drink and his breakfast, and afterward started towards Camden. The bar-tender was struck with his somehow agitated and uneasy appearance, and asked him his name. When he gave it as Charles Brooks, he was asked if he was a relative of Job Brooks, recently killed near Vincentown. He replied that he was not. Although well acquainted with him, he was of an entirely different family. Since that time, nothing has been heard of the young man--and the whole affair is still wrapped in mystery. It is hoped that some revelations will yet be made which will lead to the detection of the murderer.
Apr 2, 1863:
It having been ascertained that Charles Brooks, (who is suspected of being concerned in the murder of his father, near Vincentown,) had gone to Salem, Ohio, where some of his relatives reside, Sheriff Leeds, accompanied by Mr. George Hulme, started for that vicinity, on Saturday. On Monday, a telegraphic despatch was received from him, stating that he had arrrested Brooks near the town of Salem, and giving orders for the immediate arrest of Timothy Ridgway, Brooks' brother-in-law. The information was sent to Joseph L. Warren, Constable of Southampton, who at once arrested Ridgway, brought him to Mt. Holly, and lodged him in Jail, arriving here about 8 o'clock, Monday evening.
BROOKS BROUGHT TO MOUNT HOLLY--HE CONFESSES THAT HIMSELF AND RIDGWAY KILLED HIS FATHER.
--Sheriff Leeds arrived in Mount Holly, on Tuesday morning, with Brooks, and he is now safely lodged in Jail. He was arrested near Salem, Ohio, on Monday morning. He was engaged "blowing the bellows" in a blacksmith shop, where he had been at work for some days. When taken to the hotel in Salem, previous to starting for Mount Holly, Brooks voluntarily made a confession of the dreadful deed, which is in substance as follows: He stated that for six months or more, Timothy Ridgway had been urging him to help him kill his father--that he said the old man was only a trouble to them, and if they got him out of the way, they could have the property to themselves. He always refused, but Ridgway constantly persisting in his purpose, he finally consented to his plans.--On the Sunday night, they followed him home from meeting, and when a short distance from the house, he was nearest his father, and Ridgway not far behind him, and according to the plan agreed upn, he knocked his father down with a stick of wood and Ridgway immediately came up and cut his throat, and threw him into the ditch. The stick of wood he picked up from a wood-pile in or near Vincentown, and carried it with him, concealing it as much as possible from view. He says that as soon as he knocked his father down, he ran into the house and went to bed, but could not sleep. Ridgway, he states, called to him as he ran, but he paid no attention to him. At the Coroner's Inquest, we understand that two women, who were going home that night, on the same road where the murder was committed, testified to hearing some one call, "Brooksey, Brooksey!" We learn that Brooks told his story to the crowd in the hotel, in Salem, in a careless and indifferent manner, as though it was a matter of little importance, and seeming not to realize his dreadful situation. Since his incarceration in our Jail, he does not appear to be much distressed, but says he expects there is "trouble for him." Ridgway, who is yet ignorant of the arrest of Brooks and of the confession, says that he does not see what he was arrested for, and that it is hard to be put in Jail for nothing--that he is entirely ignorant of any connection with the murder, and can prove himself clear of it. The arrest and confession of Brooks, has caused great excitement, particularly in Vincentown and vicinity, and (the crime being so horrible in its nature,) many are asking the questions: "can it be true ?" "can the disclosures be substantiated by other testimony ?" "can it be made to appear beyond a doubt, that the poor old man was murdered by his own son and son-in-law, and if so, are there not others who have some knowledge of the dreadful deed ?" The matter will come before the next term of the Court, and whatever corroborative testimony there may be, will then be brought out. All of course are anxious that the truth should be made known, so that the guilty alone shall suffer.
Apr 9, 1863:
The final examination of Charles Brooks and Timothy Ridgway, charged with the murder of Job Brooks, near Vincentown, took place in the prison, on Thursday morning, before Justice Holeman. Mr. Hutchinson, the Prosecuting Attorney, was present. Mr. George Hulme, who accompanied the Sherriff to Salem, Ohio, for the purpose of arresting Brooks, made the following statement:
STATEMENT OF MR. HULME
"I went with Sheriff Leeds to Salem, Ohio, for the purpose of arresting Charles Brooks. We arrived at Salem, on Monday morning, March 30th, at 6 o'clock. We learned that Brooks was employed in a blacksmith shop, three miles from the town, and passed under the name of Lippincott.--We procured a Constable, also a son of Franklin Hilliard, who knew Brooks and had played with him, when they were boys, in Vincentown. I left the Sheriff in Salem, and proceeded with the constable and young Hilliard to where Brooks worked. We found him in the shop at work. The constable immediately arrested him. He asked what we wanted him for. I told him to go back to Jersey with us. Young Hilliard spoke to him and called him Charley, and Brooks turned round and recognized him. I remarked to him, "Charley, you have two names." He made no reply. I said, "you call yourself Lippincott here." He replied, "yes, for I have such a fuss over there. I thought they wouldn't know me if I called myself Lippincott." We took Brooks back to Salem, at once. On our way, I asked him why he left. He said everybody accused him of killing his father, or knowing all about it. That he thought he had better leave for awhile. I said to him that he had told two drovers in the cars, that his name was Brooks, but that he was going to call himself Lippincott, in Ohio, because he was accused of killing his father--but that he didn't know anything about it. I then commenced a conversation with him upon the importance of relying upon the truth and adhering to it, and that the community suspected him of being concerned in the murder, but believed there were others who knew as much about it as he did. He remarked, "that's so," and then said, "Mr. Hulme, I'll tell you all about it--I can't keep it any longer." His first remark, was, "I'm the boy that done it." He then added, I struck the first blow. I hit him but once. I threw the stick of wood down, started and ran home and went to bed--but Tim finished the old man." I said, "who do you call Tim."--"Why," said he, "Tim Ridgway, my brother-in-law." I then asked him how he came to do such a thing. His reply was, that Tim had been at him for six months to do it--and then said, do you remember when the 23rd regiment was at Beverly. It was a month before that, that he first proposed getting rid of the old man--that he has never met him since, by themselves, that he has not broached the subject, and he never gave him any peace, when they were together. He said he was at Tim's house that Sunday afternoon, and when he started to go home, Ridgway followed him out. When by themselves, he told Ridgway that he had hired out to old Jacob Seeds, for a year.--Ridgway replied to him, "then Charley, you must do that thing to-night." He told him he didn't want to do it. They finally agreed to meet that night and do it. He met the old man going home. He walked with him a little ways, then stepped behind him, struck him but once, dropped his club and ran, and that Tim finished him. I then asked him, "Charley, how could the old man have got to the ditch." He replied, "I don't know, without Tim threw him there, for I didn't touch him." I then said his throat was cut, also. "Then," said he, "Tim done it, as I did not stop a minute. I was so scared I ran immediately home."--I then asked him what Tim's motive was to get rid of the old man. His reply was, to get the property--as he said they could live there to suit themselves. I asked him if his mother knew anything about this. He answered, "Not that I know of. If she did, it was through Tim. She never opened her lips to me about it." We then arrived in Salem. I told him that he would have to tell this story in Court. He said, "I'll stick to it," and added, "I feel better now than I have since it was done. I could not sleep day or night, and I could not keep it any longer." He asked "won't you take these bracelets off, they hurt me." (he was hand-cuffed.) I replied, "Charley, if I take them off, will you stick to me. Won't you run away."--He said, "I will stick to you. I will go anywhere with you."
The irons were then taken off, and he came on with us to Mount Holly, without any trouble.
CONFESSION OF CHARLES BROOKS.
Charles Brooks, the son of the deceased, was then brought in and examined, his statement being as follows:
"I have been coaxed and persuaded for the last six months, to kill my father, by Tim Ridgway, every time he could get, when we were by ourselves. I am going to tell the truth about it, if it brings me to the gallows before to-morrow night. I was at Tim's house on the afternoon of the murder, and we both went to Samuel Norcross', and staid there to supper. We returned about six o'clock. I came to father's house and Tim went home. I told Tim that I had hired out to old Jacob Seeds, and was going to work for him on Monday. He then said, "are you going to do what I want you to do." I told him I didn't want to. He said I had better, because I would be the last one that would be judged for it. On our way home, Tim wanted me to agree to kill my father that night. I told him I wouldn't do it. He said it would be the best thing, as nobody would suspect me. He said if I would agree to do it, he would meet me at the end of father's lot, and didn't want to do it. He said the best way was to take a club and knock him down for there would be no reports. I went to meeting that night, and had no thought of killing father. On my way home, father overtook me, near William Doron's. I had a stick of wood in my hands, but did not expect to use it, when I got it. We walked together about a hundred yards, when father said there was some one coming. I looked back and saw some one I believed to be Tim. He was about twenty-five yards behind. When we got near the spot where Tim said he would be, I struck father the blow. I got the stick from Dr. Woolston's wood-pile. After I struck father, I started and ran home, and it was hard work to get there. I was so weak and frightened I could hardly get in the house. Father did not speak after I struck him. I left him lying on the ground. I saw Tim, or some one that looked like him, coming up as I left. He called to me and said, either Charley or Brooksey, I don't know which, but I did not stop. I knew it was Tim's voice. It was the place where we were to meet. Before I struck the blow, I looked arond to see if Tim was close by. No one was in the house but mother. It was about nine o'clock when I got in. I looked at the clock. Tim and me have had no conversation about it since. I was at Tim's house on Sunday morning before I left, and he said I had better go away, as I was in danger of being put in prison. I told him I had no money to go with. He said mother had some money. I told him she would want it worse than I would, and he said if she would give it to me, he would see that she did not want for anything. I got the money from mother. He told me to put on my drab clothes, and come up and let Barzillai McIntyre (who lives in the same house with Ridgway) see what clothes I had on, and then go back and change them, and clear out. He said if I changed my clothes, I could not be described. I did as he directed, and left. Tim said he would look out for himself, that he had been on three or four trials and was posted, and knew how to handle himself. Tim said, get father out of the way, and he could then move in the house, and have no rent to pay, and live easier than he had done. He would trade father's cow for a horse, and he could have a team of his own and cart to the Shore. Brooks having made his statement, he was taken back to his cell, and Timothy Ridgway, his brother-in-law, was brought in.--He was told that he stood charged with being connected with the murder of Job Brooks, and that previous to any examination of him, if he wished to send for counsel, he could have the privilege of doing so. He said that he did not think it necessary, and was ready to answer any questions and give all the information he could in the matter--that he was entirely innocent, and knew nothing of the murder. His statement is as follows:
TIMOTHY RIDGWAY'S STATEMENT.
"I only know that Mrs. Brooks, the mother of Charles Brooks, said she was afraid it was Charles who had committed the murder --that he had said his will was good enough, if he only dare. This she said on the 29th of March. I don't know whether she had any grounds for such suspicion. I only know what she said. I do not know where Charles is. I have heard he went West. Do not know to what place. I did not furnish him with any clothing before he left. He did not say anything to me about going away. The evening of the murder, Charles and myself left Samuel Norcross', where we had both been to supper. We started for home about sundown. Afterwards, myself and wife went to the residence of Job Brooks, and finding the house fastened, concluded to go to meeting in Vincentown--and as we were going, met my wife's mother, and we returned to her home, and remained there until about twenty minutes of 9 o'clock, when we went to my own house. That is all I can tell about it. "
Ridgway was then told that Brooks had been arrested and was in prison--that he had made a confession of the whole affair, and charge him (Ridgway) with assisting in the murder. Ridgway quickly said:--"That is very strange. I cannot see how Charley can accuse me of it, as I know nothing at all about it." It was undoubtedly a great surprise to him, yet he maintained his composure to a remarkable degree. Brooks was again brought in, and the two were face to face. It was a strange, sad meeting. One accusing the other of persistently urging him, for more than six months, to kill his father, telling him, as he said, that he would see him through. Brooks was seated fronting Ridgway, and within a few feet of him. The former, as he sat down, turned his eyes to the floor, but in a few seconds raised them, while the latter looked with a stern countenance upon his accuser, the pressure of his lips and a slight trembling of his frame, indicating a severe inward struggle--but for one in so dreadful a position, he was unusually self-possessed. The statement of Mr. Hulme was read to him, and afterwards the confession of Brooks. He listened with the deepest attention, never removing his eyes from the person reading, and seemed to be utterly astounded at the sudden and startling disclosures. At the close, Ridgway turned to Brooks and said: "Charley, how can you tell such a lie as that. You know there ain't a word of truth in it." "Brooks replied: "You know, Tim, that if it hadn't been for you, it wouldn't have happened." Ridgway said: "You know I never said a word to you about such a thing, and why would I want to kill the old man. It would do me no good. "Why, to get the property," replied Brooks. "You know," he continued, "that you wanted it done in the fall, so that things could be settled up by Spring, and you move in the house then." Ridgway said: "why, when I could live there for $20, do you think I would want to kill him, to get the property ?" [Ridgway then stated that his mother-in-law had for sometime wanted her daughter with her, and the old man had agreed to rent him part of the house for $20, and he had expected to move there the 25th of March.] Thus the two sat there, within a few feet of each other--Brooks positively charging Ridgway with constantly urging him to kill his father and that he would help him, while Ridgway as positively denied ever thinking of such a thing, and said that he never had any conversation with Brooks upon the subject. Ridgway was taken back to his cell, saying as he started, that it was too bad to have such a charge as that made against him, when he knew nothing about it. The remark was then made to Brooks that there was a great difference in their statements. "Ah," said Brooks, "he's sharp." He's(sic.) knows a good deal more than I do." They were both committed to await the action of the Grand Jury. The case is a terrible and singular one, and develops a state of things dreadful to contemplate. Brooks is about 21 years of age, and evidently a little weak-minded--one who looks as though he could be moulded to suit the purposes of another. He says he was not in his right mind that night, or he would not have done what he did--but that he was so worked up by Tim, he hardly knew what he was about. Ridgway, although having but little or no education, has considerable shrewdness, is quick of perception, and answers prompt and decided, all questions put to him, and we should judge, could not be easily thrown off his guard. He is quite a young man.
Apr 16, 1863:
On Wednesday last, in consequence of some statements made by Timothy Ridgway, in the prison, he was a second time examined before Justice Holeman, when he made the following statement.
STATEMENT OF TIMOTHY RIDGWAY
My wife and myself have always lived together very agreeable. On Sunday, March 29th, Mrs. Brooks, my mother-in-law, sent me to Thomas Gaskill's to see if he would call on her the next morning, as she wished to see him. After I went out of Gaskill's house, he also came out and we commenced to talk about Charles Brooks, and he remarked there was no bill brought against Charles Brooks as he knew of. Ephraim Farr told me two days before this conversation with Gaskill, that he heard Charles was out West at work. The evening I left Gaskill's house, I went to see my mother-in-law at her house, and related to her what Gaskill and Farr told me, and she seemed pleased that there was nothing against Charles, and that he was out West and at work. I went to the barn to feed the horse, and she followed me to the barn. I said to her I would like to know who did that deed (relating to the murder.) She replied she was afraid Charles did it. She had heard him say that his will was good, if he only dare. I told her I hoped they would learn who did it. She then told me to come to her. I went to her and she remarked, she would tell me, but for the world I must say nothing about it. I promised her I would never mention it. She then replied, if you ever name it, I will take from you all your goods, such as furniture that I gave you, and Sarah Ann shall not live with you. She further remarked that she would put the property out, and the money would keep herself and Sarah Ann. She then said, you know the night of the murder, when you and Sarah met me down by the Bridge. Charles and herself intended to catch her husband, Job Brooks, while on his way to meeting, but could not. She said that as soon as Sarah and myself left her house, after our return there, she started out and went down to the Bridge and waited there until Charles and his father came up from Church. She further said, her husband asked what she was doing there. She was afraid they would lay there and she would not get the eggs. He replied he thought it was a pretty time of night to be looking for her ducks--and as the father walked on, Charley stepped up behind him and knocked him down with a club. And she handed him (Charles) the knife and he stuck it in his throat and she helped carry him to the ditch. They both then started for home. She said that she done it, to stop him from going after Kesiah Garwood. [She said it was done with a knife that her husband fixed for her to stick chickens with, and a knife being produced, Ridgway states that it was the knife used by Mrs. Brooks, for the purpose above stated.] The reason I did not make the foregoing statement in my previous examination, was on account of my wife. Sometime ago, my mother-in-law accused the deceased with going after Kesiah Garwood, and he struck her. At another time she accused him of going after Rebecca White; he then threw a bowl of Tomatoes at her. Keturah Ann Brooks, widow of the murdered man, was arrested on Wednesday afternoon, and lodged in Jail. On Thursday morning, she had an examination in the Jail, before Justice Holeman. The Prosecuting Attorney, Mr. Hutchinson, being present. In reply to questions by the Justice and State's Attorney, she made, in substance, the following statement:
STATEMENT OF MRS. BROOKS
"On the evening of the murder, about dusk, between six and seven o'clock, I went down toward the bridge, on the road to Vincentown, after my ducks. As I was coming back home, I met my son-in-law, Timothy Ridgway, and his wife, going to meeting: I said I thought I wouldn't go, it was so dark and muddy; so they concluded to go back home with me; they did so; they staid at my house a little while and then went home; I think it was about 20 minutes past 8, when they left; that is all I know about them that evening; that is all I know about it anyhow."
The young man Brooks, and Ridgway, were brought in and Ridgway's last statement, implicating the woman as given above, read in the presence of them all. As soon as the Justice had finished the reading, Ridgway turned to his mother-in-law and said: "Mother ain't that true."--She immediately replied "No, Timothy, you know it ain't." Ridgway rejoined: "You know it is. It is true, so help me God!"--The woman then said: "I have always treated you with respect, Timothy, and how can you treat me this way ? You know I am innocent." Ridgway replied "You told me what I have said; how come you to do it ?" She answered: "It is not true. I wasn't outside the door after you went away. I went right to bed--and Charles came home soon after." Ridgway and the woman continued to talk for some time, he reiterating that what he had said, was true, and she denying it. At length, Brooks' statement was read.--When the Justice reached that portion of it in which Brooks says that Tim gave as a reason for wanting him to kill his father, that they could then enjoy the property; and that he (Ridgway) afterward told him he had been on several trials and knew how to take care of himself, Ridgway sneered and asked Brooks where those trials were. The young man replied "down to the shore."--Ridgway said "I never had any trials. I was never taken by a constable, till the other day." Brooks said "he didn't know about that, he only knew what he (Ridgway) told him." In reply to questions put to her by the Justice, Mrs. Brooks said: She never was jealous of her husband and never said she was. She had told him she thought it would look better for him to be at home with his family, than to be at the houses of other women. Even after the statement of young Brooks was read to his mother, she said she could not believe that Charles did the deed--he was always an affectionate child; she thought it was somebody out of the family, and alluded to two strange men who were said to have been seen in the neighborhood, on the night of the murder. Ridgway showed evident marks of mental suffering--and acted with much less self-possession than he did at the former examination.
30 Apr 1863:
They found three separate Indictments against Charles Brooks, Keturah Ann Brooks, and Timothy Ridgway, charging them with Murder in the First Degree, in killing Job Brooks, in the Township of Southampton, on the 8th of March last. The accused were brought into Court on Thursday afternoon, and the Indictments respectively read to them. Each pleaded Not Guilty; Brooks and Ridgway simply pronouncing the words in a firm voice, and Mrs. Brooks adding to her plea, the expression: "God only knows I ain't." They were then taken back to Jail. Brooks' trial was set down for Tuesday.
At the opening of the Court on Tuesday morning, at ten o'clock, the Court Room was crowded with persons desirous of hearing the trial of Charles Brooks, which had been set down for that time. Among the audience was quite a number of females. Some delay and embarassment was occasioned upon the case being moved, by the fact of its appearing that the prisoner was without counsel. The Attorney General, F. T. Frelinghuysen, Esq.--who appeared in behalf of the State, in conjunction with Mr. Hutchinson, Prosecutor of the Pleas--remarked that when the Prisoner was charged, last week, it was understood that he would have counsel. He himself alluded to the matter, and had been told that counsel would be duly obtained. Judge Elmer said he was certainly under the impression that such was the case. He then directed that an officer to(sic.) go for Hon. J. L. N. Stratton, who was not at the time in Court, and who, upon coming in and conferring with the Court, finally consented to undertake the defence of the Prisoner, if Hon. J. C. Ten Eyck would agree to assist him. Mr. Ten Eyck was then sent for. He appeared in Court, and the request of the Court that he should undertake the defence, associated with Mr. Stratton, being made known to him, he said the duty to which the Court desired to assign him, was a very solemn and embarassing one, under the circumstances. The counsel for the Prisoner would, in fact, be in some degree, responsible for the life of the accused. And he had, when called upon before, to act as counsel for the Defendant, declined, feeling the responsibility of the position, and feeling that as he had been somewhat out of practice for two or three years past, he could hardly be able to perform the duty in a manner satisfactory to himself, or in a way to do justice to the Defence. He always desired to do his whole duty to the Court and the Country, but under the circumstances of the case, he preferred that the Court would not insist upon his acting as counsel. Judge Elmer remarked in reply, that he could well appreciate the feelings of the counsel, having himself been placed in the same position. But the Court and Bar had their duties to perform and their responsibilities to assume, however onerous or disagreeable they might be. He greatly regretted that the prisoner's case stood as it did, but under the circumstances, he saw no other way than for the Court to insist upon the gentleman acting as one of the prisoner's Counsel. After some further conversation between the Court and Counsel, it was agreed that Messrs. Ten Eyck and Stratton should take charge of the Defence. As the general panel of Jurors was about being called, Mr. Ten Eyck arose and objected to the copy of the panel served upon the prisoner, as not being such a copy as the law required; the paper which he held in his hand, contained a number of names--he had not had time to count them, but he supposed there were about forty-eight. The paper was simply headed "Petit Jury, April Term, 1863." It was not signed by the Sheriff or other officer, and bore upon its face, no authenticity whatever. The Defendant was entitled to a properly authenticated copy of the list of Jurors, and could not, he believed, according to the ruling of the Courts, even waive his right, if so disposed. The Attorney General replied that a copy of the indictment had been duly served upon the Prisoner, accompanied by the list of Jurors. He must have known that was the list Jurors, by twelve of whom he was to be tried. He (Mr. Frelinghuysen) did not know that the law required that the list should not be drawn in any special form. Mr. Stratton spoke briefly in reply. The argument of the Attorney General was no answer to the objection raised by the Defence. They had no right to assume that the prisoner, ignorant as he was, knew that that the list served upon him, contained the names of the jurors by whom his case was to be tried, and from which he was expected to make his challenges. The paper did not set out whether the Jurors were Jurors in the Court of Common Pleas, Quarter Sessions, or other Court. It did not so much as contain the name of the county. The Court said the List was not in the regular and ordinary form; forty or fifty years ago, it would have been overruled; but the practice of the Courts was now different. Unless it was shown that the Defendant did not understand the List to be that from which the Jury was to be selected, the Court felt disposed to receive the panel; at the same time they did so with a good deal of hesitation. The general panel of Jurors was then called over. After some delay, the counsel for the Defence asked the indulgence of the Court, while they had time to look over the list and agree upon their challenges, and finally suggested that the Court adjourn for an hour or two, that they might have an opportunity to consult the law in reference to challenges, and otherwise prepare themselves to begin more understandingly the defence of the accused. Judge Elmer said that under the peculiar circumstances of the case, the Court could not refuse the request. The Court then adjourned until 2 o'clock, it being then about 11. Upon the reassembling of the Court the following named gentlemen were empanelled as the Jury in the case:
Daniel F. Gibbs
Albert Middleton
Joseph G. Lee
Joseph Wilson
Charles Hartman
Joel Mount
Samuel B. Hewlings
Joseph N. Gibbs
William Potts
Nathan L. Mulliner
Franklin Antrim
John F. Smith
The other jurors were discharged till Friday morning, at 10 o'clock. M. Hutchinson, Esq., then read to the Jury the Indictment against the prisoner, Charles Brooks, and proceeded to give a detailed statement of the facts in the case as they would appear on the part of the prosecution. The testimony on the part of the State was then proceeded with.
Mark Venable and William T. Jones testified to their attention being attracted as they were on their way from Medford to Vincentown, about noon on the 9th of March, by a hat in the ditch by the roadside, and to their afterwards finding the body of Job Brooks in the ditch.
Venable also testified to picking up the stick of wood produced in Court, and that he saw hair at one end of it and the nap of a coat (as he thought) upon it. About 30 feet from where the body laid, were a pool of blood and the mark of a head in the ground. The blood was about 9 feet from the corner of the deceased's lot, and about 30 feet from the body. It was about 15 or 18 feet from the corner of the fence to the ditch. There was a large quantity of blood in the ditch, under the head of the dec'd.
James Lippincott testified that he was a practical Surveyor, and that he made the map of the premises where the murder took place--produced in Court. Witness explained the map--pointing out the different localities, and stating the distances between them.
Alexander Elwell, M. D., testified to making a post-mortem examination of the body of deceased, in connection with Doctor Samuel Woolston. Found an incision on the left side of the neck, about an inch and a half long, or a little more, and close to two inches deep; the artery leading from the main artery of the heart to the brain, was severed about on a line with the angle of the lower jaw, on the left side; on the right side of the head and face, were wounds indicating the use of a club twice; the ear on that side, had at least two gashes in it; just behind these marks, were two little incisions as if of a sharp instrument. There was a wound on the right side of the head, above the ear, about an inch and three eighths in length; the skull there was depressed; the wound appeared to have been made with a club of some kind. The stick of wood produced in Court, was shown the witness. He could not tell positively whether such a club would produce such a wound or not. Thought the wound on the right side of the head, depressed the skull to the brain and was mortal, as was the wound on the left side of the neck; that back of the ear, was not.
Joseph B. Butterworth, affirmed:--Saw Defendant in Pemberton, the evening after the murder, about 7 o'clock; had a conversation with him; I said to him, Charley, do you know your father has been murdered ? he said, I have just heard of it;" I told him there were suspicions resting upon him; do not recollect that he said I, yes, or no, to that; asked him if he suspected any one himself; said he did not, unless it might be John Brooks, as he had been in the neighbourhood the day before--or the day but one, I think he said; advised him to go immediately home; he said he would as soon as he saw William Briggs and got a bottle of oil; I asked him where he was the night before; he replied he was at Church in the evening; asked him if any one was with him; he said not; also asked him if he went directly home after Church; he said he did--he was one of the first, I think he said the very first, to leave the Church; asked if he saw his father that night; he said he did not--he didn't know whether he was at Church, or not; he said he did not stop to speak to any one--he went directly home and to bed; I asked if he was aware his father did not get in the night before; he said his mother told him so; asked if he was not surprised at his father's not coming in; said he was not, as he was in the habit of staying out at nights; asked what places his father frequented--I had always understood he was a very temperate man; he said people didn't know him; he was in the habit of going to a certain place, to visit the wife of a soldier in the army--I don't recollect her name--both by day and by night; he had seen him, and seen him carrying provisions there. He spoke of his father's not treating his mother well. Witness further testified, in answer to questions by Defendant's Counsel, that Charles had worked for him, and had boarded at his house; that he had an opportunity of becoming pretty well acquainted with him, and that he considered him of rather weak mind. Allen Joyce, Sworn: --Was at Methodist church in Vincentown, the night of the murder; saw Charles and Job Brooks in the church, during the service; Charles sat in the middle aisle, about midway of the church, and Job over by the wall, on the right-hand side as you go in--pretty well back; saw the father come out--saw him after he came out; he was in church till it let out; saw him in front of the church and talked with him about the war--I suppose 5 minutes; I saw Job come out while I was talking with Charles, and go down the street, toward Butterworth's store--the way he would take to go home; I was standing by the stepping-stone, outside the gate; I left a few minutes after; left Charles standing by the stone; I went the same direction I had seen Job take; passed two women and a man behind them, between the blacksmith shop and wheelwright shop; couldn't tell who they were.
Cross-Examined: The people had most of them left the church; the man and women were walking an ordinary gait; I stopped at Arthur Haines' shop--did not go in; the man and women passed me there; my brother came up and he and I went home. I sat in church right behind Charley--I think the next seat; the women in the church were between me and Job.
Jacob Brown, Sworn:--Was in front of the church when it broke up, about 81/2 o'clock; saw Job and Charles Brooks after they came out the gate--Job was ahead--Charles about 2 yards behind--going toward Butterworth's store; supposed they were going home together; I should suppose they could see each other. Being cross-examined, witness said he did not talk to Charles; did'nt(sic.) see him or Job come out of church; did'nt(sic.) think he saw Allen Joyce that evening. The examination of this witness being concluded, the Court adjourned.
(NOTE: according to this site, April 30th was to be a day of fasting and prayer by recommendation of a resolution of the U.S. Senate.)
s May 7 1863:
On Wednesday morning, the examination of witnesses on the part of the State, in the case of Charles Brooks, charged with murder of his father, was resumed. Philip Lippincott testified to being at the place of the murder soon after the body was found, and corroborated the testimony of Mark Venable, in reference to the finding of the stick of wood produced in the Court, its appearance, &c. He also testified that he was at the Coroner's Inquest, on Monday evening, at Colkitt's Hotel, in Vincentown; that he saw the Defendant going into the room where the Jury was sitting and heard him say: "I spose they think they will scare me, but I don't care a G--d d--n."
Edward Wright--Sexton of the Methodist Church--testified that the Church was out about half-past 8 o'clock, the Sunday night of the murder; there was a large lamp in front of the Church, which he lighted that night; it was a very dark night; and light enabled one to see persons 30 or 40 feet.
James Perrine testified that he lived on the Lumberton Turnpike, near Vincentown; Charles was at his house about 6 or half-past 6 o'clock the evening of the murder; he said Tim and he were going to (a) meeting; I said you seem to be in a hurry, I spose you are going to see the girls; he replied "there is something else in our heads besides going to see the girls;" he then left; there is a path across from my house to Job's; the old man was in the habit for seven or eight years of coming across to my house. Charles was also in the habit of coming--we were all of us in the habit of visiting."
John S. Irick testified that he was foreman of the Coroner's Jury, which met at Colkitt's Hotel, on Monday evening, the 9th of March. Charles was brought there. He said he was at Church the night before; did not see his father there; he might have been there; he (Charles) was one of the first out of the Church; he stopped on the step a minute, and buttoned his coat, and then went immediately home; he said, when he got to Dr. Woolston's house, he started to run and ran all the way home; think he acknowledged speaking to some young man at Church; he said he did not see Mrs. Darwood and Mrs. Perrine that night; he did not see his father going down the street. In answer to questions by Prisoner's Cousel, the witness further testified that Charles said he hired a man to bring him over to Vincentown; he said he had expected to stay in Pemberton that night, but Joseph Butterworth told him of the murder of his father and advised him to go home--in consequence of this, he came over to Vincentown. He said he had not the slightest idea who was the murderer. Witness further said in answer to a question from the State's Counsel, that Dean Bowker went after Charles and brought him back, after he had started from Vincentown in the direction of his home. Jacob Heisler's testimony was chiefly corroborative of that of the previous witness.
Martha Perrine, sworn:--I am the wife of James Perrine. (The witness here gave the same testimony as her husband in reference to Charles saying he and Tim had something in their heads besides the girls, &c., when at their house the evening before the murder.) I asked Charles where his father was--I hadn't seen him that day; he said he met him going across the lot as he was coming to our house; he guessed he had been to John McHenry's. Charles was at our house about a quarter of an hour. I and Keziah Darwood went to Church; saw Job there--and Charles; saw both when we went in: Job sat on one side of the women and Charles the other--Job on the side block, and Charles in the middle block; saw both go out of the Church; they went out before we did; think Charles went out first--am not positive; they could see each other in Church--if they were a mind to look; saw Job after I got out of the Church, at the Meeting-house gate; he joined us and we walked down on the same side of the street as the Church; we crossed in front of Butterworth's store, and went down the other street on the same side as Ann Woolston's--the left-hand side; noticed a man standing on the step of Arthur Haines' shop, as we were, but I cannot tell where he passed us; know where Dr. Ewell lives; it is on the same side that we were; notice two men behind us there. Job and we went together as far as the turnpike; we parted from him near Caleb Ridgway's gate; he went towards his home, and we went towards ours; we went on the same side of the pike as our house is--the left side. When we got mid-way of the railing on the side of the pike, not half-way home, I heard someone halloo, "Brooksey," three times in quick succession; Charles went by the name of Brooksey; I asked Mrs. Darwood if she heard that noise; she said not, and I told her what I heard; we went on home; Jacob Brown and Joseph Bryan overtook us there; it was a quarter to 9 o'clock; as we left Job, I saw two men follow after him; could not distinguish who they w ere; it was quite dark. I have heard Charles say that he would knock his father down--he would stamp him and he wouldn't get up very soon; can't tell what led to his remark; it was made at our house; can't tell when. Heard Charles say about a week before the murder, at our house, that his mother had had her fortune told, and that his father was to die sometime in March, and suddenly; I had heard of his mother's having her fortune told, was the way we came to talk about it; I have heard him say his father was not good to him.
Cross Examined:--Saw the two men first as we got to Dr. Elwell's--close behind us; saw them all the way to the pike--then saw no more of the or Job; it took not over five minutes to walk from the end of the pike to our gate; the two men were right behind Job, when I lost sight of them. No-one was present but us two, when Charles spoke of knocking his father down; Keziah Darwood was present at the second conversation about the fortune-telling.
Keziah Darwood, sworn:--Lived in a part of the house of James Perrine. (Witness corroborated the testimony of Mrs. Perrine in relation to the conversation on the evening of the murder--and that about the fortune-telling and also in reference to their going to Church and seeing the two Brookses there, and testified to she and Mrs. P. passing down the street together, the elder Brooks being just behind them, close enough to engage in conversation with them). A man passed us near Arthur Haines' shop, on a run; as he passed he hit me on the elbow; a man was standing on Haines' step; the man that passed us, went right ahead; two men were standing on Dr. Woolston's corner; when we passed they came on behind us; Job was right behind us and the men right behind him; we parted at the corner of the pike and the men followed after Job; as we got by the end of the railing, nearest our house, on the pike, I heard a groan; asked Martha if she heard it; said not; before I heard the groan, she asked me if I heard some one call "Brooksey." At the time Charles spoke of the fortune-telling; he said he didn't want his father to die, for then he would have the family to keep; the conversation took place along about the 1st of March. Question by the Court: Did Job make any remarks on parting ? Answer: Yes; he said "good night folks--I daren't ask you to go home with me, but I feel a little afraid."
On Cross-examination, witness said they didn't tell the gentleman who came up to them at the gate, about the groan or the cry of "Brooksey." Did not tell about the groan the first time I was examined before the Coroner's Jury. In reply to State Counsel, she further said: she talked to Mrs. Perrine about the groan about a week after the murder; she didn't mention the groan before the Coroner's Jury, because she was afraid they would ask her to tell what kind of groan it was, and she wouldn't know how to describe it. William H. Mason testified that he was a half-brother to Mrs. Brooks; that he lived in Mount Holly; that he met Charles in Mount Holly, on Monday morning, about 10 o'clock; went home with him to dinner. I enquired about his father, whether he was shoemaking now, or tinkering clocks; think he said he was shoemaking or had been; said his father went to Meeting the night before; he was there too; think he said he came out ahead of his father; am not certain whether he said he saw his father at Church or not; when he came out, he buttoned up his coat, ran home and went to bed. Said his father did not come in the night before; his mother kept the door open, I think he said, till 2 o' clock, and then went and locked it.
Clayton Sapp, sworn: Live at Vincentown; the day after the murder I was at my mother's, near Pemberton; Charles Brooks and my brother William came there in a wagon about 4 o'clock, in the afternoon.-- (The witness here testified to Defendant's manner on meeting him: that he seemed to color up and look confused.) Have heard Charles make threats against his father; it was sometime last Fall; he said he would be the death of his father, or rip him open, or something of the kind. Some two or three weeks before the murder, he said in my shop, that his father and mother had had a spree--and if he(the father) didn't look out, he would be the death of him--he would give him the d------t licking he ever had; took more notice of it on account of a man in the shop taking him to do for his talk, and telling him he ought to have more respect for his father.
Cross examined:--Clayton W. Mathis was the man who Charles to do; I did not pay much attention to Charles' talk--because he was something of a blower--until Mathis took him to do. Didn't mention to anybody about Charles' appearance on meeting me.
Benjamin Johnson testified that on one occasion, when he and Defendant were talking about their folks, and being out at nights, Brooks said his father was the d------t ornaryest man that lived. Couldn't tell exactly when it was.
Samuel Stiles, sworn: Live about two miles from Vincentown; have known Brooks a good while; recollect a conversation at my wood pile a month or two after Harvest; Charles held a knife in his hand and said if he got a rip at his father, he'd never move again; he told me he and his father had had a spree; he said if he could only get him along(sic.) between Ridgway's lane and his (Brooks) house, what he would do to him; said he would shoot him but for the alarm of the gun; he had his knife out whittling with it at the time.
Cross Examined:--My wife was present when Charles spoke about getting a rip at his father; I didn't tell before the Coroner's Jury about his speaking of the alarm of a gun; I was going to tell it but they asked me another question and I didn't do it; first told this to Burr Montgomery after the murder.
Catherine Stiles--wife of the preceding witness--confirmed his testimony. On her cross-examination she said she didn't tell anybody till after the murder a about Defendant's threats; she didn't think much of them at the time, because Charley often talked his foolishness. The Court at this point adjourned till afternoon. On the reassembling of the Court, Mary T. Jones was sworn:--Live at Caleb Ridgway's; knew Job and Charles; heard Charles say his father was a d----d ornary(sic.) man--if he had his will of him, he shouldn't live long--all that saved him was the law; this was said in Caleb Ridgway's kitchen; knew Charles to have a long slim knife with white handle, while he lived at Ridgway's.
Cross Examined:--He worked for Mr. Ridgway, this Spring a year ago--for two months, I believe; the conversation took place one morning before breakfast, sometime between February and April, 1862, while he worked there; a taken-boy(sic.) 12 or 13 years old was present; first repeated this to Mr. and Mrs. Ridgway after the murder.
Dean Bowker testified to his being sent after the Defendant on Monday evening, the day after the murder--and to his arresting him as he was walking from Vincentown towards his home. Witness told him they wanted him at Colkitt's Hotel; he asked what for ? Witness said he didn't know, exactly; the prisoner then said "I spose they judge me for killing my father, but I don't care a G--d d--n anyhow." Witnes took him to the hotel. He (Brooks) had been there before that evening.
William Sapp testified to meeting Brooks in Mount Holly on Monday--the day after the murder; that Brooks asked him to let him ride with him to Pemberton which he did. Witness corroborated the testimony of his brother Clayton as to the manner of Defendant or meeting the latter.
William C. Champion, sworn: Live at Vincentown; was at Ellisburg, 6 miles from Camden and 15 from Vincentown, on Monday, the 16th of March; some one knocked at the door of the hotel about a quarter to 4 o'clock in the morning, and wanted to come in, saying he was cold; he was let in; when I came down stairs, about half past 5, the prisoner at the bar was sitting by the stove, snoring like a good fellow; when he woke up we had a conversation; he said he was going to Philadelphia, to be driver on the passenger railroad cars down Market street; I asked why he walked such a stormy night; he said he had business on the road--first said at Medford, and afterward Marlton: asked where he had been living; said at Pemberton, at Joseph Butterworth's; asked him if he knew young Brooks they suspected of killing his father; he hesitated a good bit, and then said No, he didn't; I told him that was strange, as they both lived at Butterworths; said he couldn't recollect him at all; I said I believed they rather suspected old John Brooks of killing him; he said, he is my father; I said then I supposed he was a cousin of Job Brooks; first said he was and afterwards that he was not. He then pulled up his pantaloons and said he was sick at his stomach. I went out a few minutes and when I came back, I saw him going down the road toward Camden. He had called for breakfast, but did not stay to get it. Cross-examined: I knew Brooks by sight; knew his name was Charles, but didn't know his last name; I commenced the conversation; I didn't hear him call for his breakfast but heard him ask the bar-tender what time they had breakfast.
J. Howard Shinn testified that he knew Defendant; the next Sunday after the murder (March 15th) was on the spot in company with others, looking at the place; Charles came down from the house and spoke to me; he said it was hard enough to lose his father, without being judged for it; I had not said anything to him then about it; he asked if the excitement had got over yet, at Vincentown; told him I didn't know, I had just come from Mount Holly; saw Charles in Mt. Holly the Monday the body was found, between 8 and 9 o'clock in the morning. David Johnson confirmed P. Lippincott and Venable in relation to the finding of the stick of wood. Thomas Gaskill sworn: Am Administrator to the estate of Job Brooks; his watch, a pocket-knife and pocket-book containing two or three dollars, were found upon his person; he owned the house and lot where he lived-- worth some $700 or $800; he was from 45 to 50 years old. Joseph Dobbins saw deceased going home about dark on the evening of the murder, from the direction of John McHenry's.--Charles had been at home two or three weeks.
John McHenry testified that deceased took supper at his house, the evening of the murder, and left about 6 o'clock, in the direction of his own home.
Joseph Bryan sworn: Was with Jacob Brown in front of the Church; left about the last ones; came down the right hand side of the street, crossed at Butterworth's store and went down the left-hand side of Mill street; we stopped opposite my father's house; in conversation about three or five minutes--then proceeded on up the turnpike. Didn't see anobody(sic.) till we came to the house of Jas/(sic.) Perrine; his wife and Mrs. Darwood stood by the gate; it was a pretty dark night; could see the white skirt of one of the women when we were about 10 yards from them. To the Court: Did not see either Charles or his father. To Counsel for Prisoner: Didn't hear anything from the time we started from our house, till we heard the women talking; it took about five minutes to walk from the end of the turnpikce to Perrine's house.
James Romas,(colored) sworn: Charles came to the jail since I have been there. Counsel for defence objected to the admission of the testimony of this witness, understanding it to be the intention to prove an attempt at suicide by the prisoner. Evidence admitted. Exception taken. Charles told me when he first came to jail, that he wasn't going to give them a chance to hang him--was going to starve himself to death; afterwards wanted me to get him a rope, and after that wanted me to go to get him some laudanum; said he knew Tim was innocent.
Cross-examined: I wait on Brooks and Ridgway too; in the habit of seeing both every day; often talk with Ridgway; am the darkey that stole John Stockton's carpet-bag.
Joseph L. Warren--Constable of Southampton--testified that he went to arrest the Defendant, on Tuesday, the 17th of March, but did not find him.
George Hulme was then called to the stand and gave his testimony in relation to accompanying the Sheriff to Salem, Ohio, and finding Defendant about three miles from that town; he having assumed the name of Lippincott, &c. When the witness reached that part of his narrative in which he was about to detail the story told him by the Prisoner, the examination on the part of the State was suspended, in order to allow the Counsel for the Defence to question witness as to any inducement held out by him to the accused, to impel him to make his alleged confession. In reply to questions by Counsel for the prisoner, the witness testified in substance: I told him if he knew anything about it, it was very important for him to tell it; the truth was alll that would bear him out in this world or the next--lies would not carry him through; I pressed him as much as I could to tell all he knew about it; he had hand-cuffs on at the time. To State's Cousel: I did not use any threat or any promise--used persuasion, told him that none other than the truth would bring him friends. To the Court: He kept constantly alluding to his trouble--said he couldn't sleep; did not make any remark that I recollect in relation to expecting anything if he did tell. To Prisoner's Counsel: I told him to tell the truth and I would do all I could for him, I said it was believed there were others who knew as much, if not more than he did: nothing was said about turning State's evidence till after he got through with what he told me. The Defence objected to the admission of the testimony as to the confession, and proceeded to discuss the question at some length. They contended that the course pursused by Hulme, was not a legal one, however good his intentions. A voluntary confession was strong evidence of guilt; but the authorities all agreed that where it was not free and voluntary, it became the duty of the Court to rule it out. Case after case could be cited where the Court would not permit a conviction upon a confession, unsupported by other evidence. The inducements held out by Hulme, made the case stronger than some in the Books, where the confession had been over-ruled. In this case, there was, if not a direct, at least an implied promise of favor. A case was cited of the rejection of a confession where the officer had said to the prisoner, "if you are guilty, you had better own it."--Any advice by a person in authority to a prisoner, that he had better confess, vitiates a confession. Here Hulme was acting, for the time, as the Sheriff. And up to the moment of witness pressing the prisoner to tell the truth, promising to stand by his friend, he didn't open his lips. It was held by approved authority that such confession could not be received, no matter how slight the threat or inducement that elicited it. On the other side the Counsel for the State contended that in this case there was no threat or promise made; but an appeal to the prisoner's moral sensibilities, with a mere general statement that by telling the truth he would have friends. There was nothing said by the witness to Brooks about confessing guilt. He simply appealed to him to tell the truth. His conversation contained no threat, certainly; what was the influence brought to bear ?--simply, a strong commendation of the truth. The true test was: Did Hulme say anything calculated to induce Brooks to make an untrue statement ? Judge Elmer said he had grave doubts about the admissability of the evidence and had always thought in case of doubt that the evidence should be overruled; but Judge Hulme thought the other way and as he was strongly of the opinion that the evidence should be admitted, and as this was one of those cases in which it was difficult to draw the line, the Court had determined to admit the evidence subject to such exception as Counsel for Defence might feel called upon to take. The Defence wished their exception to the ruling of the Court to be noted. Adjourned till 9 o'clock, on Thursday morning, when the testimony of Mr. Hulme was taken till 10 o'clock, at which time the Court took a recess, and the Jury in a body accompanied by the officers in attendance upon them, went to the Baptist Church. At 12 o'clock the examination of Mr. Hulme was resumed. We have heretofore published a full synopsis of the statement of Mr. Hulme--and our circumscribed space, impels us to omit his testimony before the Court and Jury, with regard to the confession. He also testified that he had, at the request of the State's Attorney, taken the club produced in Court into the cell of Brooks in the Jail, to see if he would recognize it as that with which he struck his father. He (Brooks) took hold of it and said it looked like it and felt like it. The Defence objected to this evidence on the same grounds, as to the confession.--It was admitted and exception taken. Sheriff Leeds confirmed the testimony of George Hulme, in relation to the statements of the Prisoner, so far as they were made in his presence. He also recollected some young fellow coming into the room at the hotel in Salem, and going up to the prisoner and saying your name is Lippincott, I believe: to which he replied: "It ain't Lippincott as much as it was." Charles was willing to return with them to Jersey. Think he said Tim agreed to meet him the night of the murder; but did not say for what purpose, as far as witness recollected. Justice Holmes testified to the prisoner being examined before him on the 2nd of April. George Hulme was present at the examination. The examination of the Defendant, taken before the Justice, was read in evidence.--Adjourned till 21/2 clock, P. M. In the afternoon, Dr. Samuel Woolston testified to taking part in the post-mortem examination of the body of deceased.
He thought the wound above the right ear was a mere scalp wound; did not see that it depressed the skull to the brain; the only wound he considered mortal was that on the left side fo the neck.
Thomas McNinney, sworn:--I was at Brooks' house while his body lay there; Charles was not there at that time; he was there on Wednesday after the murder; his mother, grand-mother, and Mr. and Mrs. Joyce were there; the murder was talked about; Mrs. Brooks said she couldn't think of anybody but John Brooks; and Charles then said he didn't know anybody else that would be likely to do it. The next interview I had was on Friday in the kitchen of their house; Charles, his mother, grandmother, and a woman named Carrigan, were present; John Brooks was again referred to in the same way as before; Mrs. Brooks wanted to know if Charles would have the privilege of subpoenaing witnesses at the inquest, as some persons likely to swear against him wwere not credible witnesses; told her I didn't think he would. I afterwards had an interview with Charles in prison--I think on the 15th of April; I spoke of his going West; most think he said he shouldn't have gone, but he was persuaded to do so; told him I didn't come to have him tell me anything about the murder; afterwards, told him he could do so if he saw proper, voluntarily, to do so; he began to talk about being at Church; said he didn't see his father in Church; asked if he went directly home; he said he went ahead of his father along the street; I then asked him some questions in regard to it--think I first asked him where he got the stick of wood; he said at Dr. Woolston's wood-pile; I asked if he got it when he was going to Church or when returning; he told me he didn't get it that night, but two or three nights before; he paused a moment and then said he didn't get it to strike his father with, but for the purpose of striking Dr. Woolston's dog, who had snapped at him a night or two before-- I think he said; asked when his father and the women were going up the turnpike where he was before or behind them; he said he was ahead of his father; asked if he could tell where he was when his father and the women separated at the end of the pike; as he was this side, at the small bridge, which crosses the road after you leave C. Ridgway's gate; asked if he waited till his father overtook him; said no, he walked slowly along, till his father overtook him; he said opposite William Doron's house on the opposite side of the road; asked if his father spoke to him after he overtook him; he said he did not; asked if he spoke to his father; said, not then; they walked a little way together till he asked his father if he thought it would rain; I asked which side of his father he walked on; said he didn't walk by the side of him, but about a foot behind; said they walked on in that way, till they got near the corner of his father's lot; his father remarked there was some one coming behind; said he looked round and saw a man coming; he then struck his father and knocked him down; he ran to the house and went to bed; when he spoke of striking his father, he cried and said it had broken his heart and it had been broken ever since. I then told him he had joined his brother-in-law with him in his confession; told him it was proper he should make a clean breast of it; if he said he had made a statement to Mr. Hulme which was true and he would stick to it, if he was on the gallows with the rope round his neck. I then called his attention back to the place where the women and his father parted; I asked if he could hear them talk when they parted; said he could, but couldn't understand what they said; asked if he could see them when they passed from his father; said he could not--or did not; I then wanted to know how far the man was behind him at the time he struck his father; he said he was over the bridge there is before you get to his father's corner(sic.)--it is fifty paces from the bridge to the corner. I tried to get him to describe how far off the man was; from his statement, I suppose he was about one-third of the way to the corner; asked him if he could see the man that far behind him, why he couldn't see the women when they parted from his father; don't think he made any answer to that. He said the stick he had, was a dry oak stick--not very large, with a knot at one end; he had it when he was at the bridge, near where the women and his father parted; think he said he used it as a walking stick. Asked if he stopped to talk with any one after church; said not; I thought he had forgotten and asked if he did not talk with Allen Joyce about the war or being a soldier; said he had a talk with Joyce, but thought it was before meeting; told him another witness said he saw him pass down the street behind his father--asked if that was so; said no, he was ahead. Charles is about 21 or 22 years old.
This closed the evidence on the part of the State. The Defence offered in evidence the deposition of Keziah Darwood, before the Coroner's Jury, to show discrepancy between her statement then and now, about where she first saw the two men who followed her and Mrs. Perrine and the deceased. Also, the deposition of Dr. Elwell, before the Inquest. Mr. Hutchinson then commenced summing up on the part of the State, and was followed by Mr. Ten Eyck in behalf of the prisoner. At the conclusion of Mr. T's speech, the Court adjourned. On Friday morning, Mr. Stratton spoke for the prisoner, and the Attorney General made the closing argument on the part of the Prosecution.
The Court then adjourned till 2 o'clock, P. M., when Judge Elmer delivered a charge to the Jury of about half an hour's length, and they retired.
At a quarter to five, they returned a verdict of Guilty of Murder in the First Degree.
Counsel for Defence moved for a rule to show cause why a new trial should not be granted--on the ground that the Court erred in admitting testimony of the confession. After a few remarks from the Attorney General, who said he felt it his duty in behalf of the State, to say, that he had no doubt of the legality of the evidence--and some conversation between Counsel and the Court, it was finally understood that the Court should certify the case to the Supreme Court for the advisory opinion of the other Judges in relation to the point in question. The Presiding Judge then addressed the Prisoner in fitting and appropriate terms, warning him not to indulge any delusive hopes as to the final result of the investigation; the most that could follow, would be a new trial, and he had just seen how one had resulted. He had now time for reflection and repentance, and he adjured him to improve the time allotted him--pointing him to the Bible and to Christ. Neither the verdict nor the remarks of the Judge, made any perceptible impression upon the prisoner. The Petit Jurors were disccharged for the term, on Friday evening. It is understood that the cases of Ridgway and Mrs. Brooks, will not be moved until the case of Charles Brooks is disposed of.
Sep 10, 1863:
Application was made to the Supreme Court, sometime since, by the counsel of Charles Brooks, for a new trial, and the matter argued. We understand that the decision has been given against the application, and we suppose, therefore, that Timothy Ridgway, the brother-in-law, will be tried at the next term of our Court, and that Charles Brooks--convicted but not sentenced-- will be a witness against him. The widow of the murdered man will probably be tried at the same term.
Sep 24, 1863:
We understand that Charles Brooks refused to testify against Timothy Ridgway, declaring that his "confession," in reference to the murder, is false. This is a new feature in this singular case.
On Monday morning, in the Oyer and Terminer, the case of Timothy Ridgway, indicted at the April Term, for the murder of Job Brooks, in Southampton, on the 8th of March last, was moved. F. T. Frelinghuysen, Esq., Attorney General, and M. Hutchinson, Esq., Prosecutor of the Pleas, appeared for the State--and Ewan Merritt, Esq., on behalf of the Prisoner. The following named gentlemen were selected as the Jury in the case, viz: William Hodson, Richard B. Naylor, Asa Gaskill, George Peak, Theodore P. Meyers, Mark Brannin, Joseph L. Morton, Joseph Bowne, Benjamin D. Deacon, Mordecai Hunt, Nathaniel M. Dudley, Samuel Buzby. Mr. Hutchinson then opened the case on the part of the Prosecution, giving a brief statement of the evidence to be adduced, upon which the State would rely for a conviction of the Defendant. The Court then adjourned till 3 o'clock, P. M. In the afternoon, Dr. Elwell, James Lippincott, Philip S. Lippincott, Martha Perrine, William T. Jones and Mark Venable, were examined as witnesses on the part of the State, in the order named. Their testimony was nearly the same in substance, as that of the same witness on the trial of Charles Brooks, and which we published at the time. On Tuesday morning, Joseph N. Gibbs was called and testified that he was one of the Jurors in the case of Charles Brooks, at the last Term. He examined the stick of wood produced in Court, after the Jury had retired to their room: found a human hair on the end of the stick: folded it in a piece of paper and gave it the Prosecuting Attorney. (Hair produced.) Believed that to be the hair in question--it was folded up as he had folded it.
On cross-examination, witness said he was a carpenter by trade; was certain the hair found on the stick was human hair. Edward Wright, Joseph Bryan, Jacob Brown, Allen Joyce, and Keziah Darwood, gave testimony of the same purport as in the case of Brooks.
Ann Bowker, sworn: Was at the house of Job Brooks the day of the funeral; saw Ridgway there; heard him say in the kitchen, that he enlisted in the three months' service--he had wanted to enlist for three years, and he wished to God that he had done so--then he would have been out of this scrape; he seemed troubled and looked very solemn.
Cross-examined: The remark was made after dinner, between one and two o'clock; Katy Carrigan was present; cannot tell who else; the remark was addressed to no one in particular; the kitchen was small and any one present could have heard his remark.
Mary Gibbs, sworn: Heard Timothy say on one occasion, that if he had his will of Job Brooks, he would chop his heart as fine as mince-meat and fry his liver on a gridiron; said this at Samuel Stiles', on the 15th of September of last year; Stiles' wife and Mrs. Brooks were present. Cross examined: It was on the Sabbath; don't know where Stiles was; think Timothy asked where Job was, and Mrs. Brooks replied he was at home at work the same as he was every Sabbath; Mr. Brooks laughed at Timothy's remark; can't remember anything else that was said; don't know whether I laughed at the remark or not; first told this after the murder; have talked about it several times since then. Catharine Stiles corroborated the testimony of the previous witness in reference to Ridgway's remark about the old man Brooks; but thought Mrs. Brooks had gone out before it was made. Catharine Carrigan, Mary Gibbs, herself and Ridgway, were all that were present. On cross examination, she said Ridgway then lived in a part of the same house that she did; had had no difficulty with him; did not speak to him for sometime before the murder; after he moved away from the house, they did not encounter each other. She thought the remark a piece of fun, at the time. Sarah Mason (quite an old woman and mother of Mrs. Brooks,) testified that she heard Ridgway say that he had sworn to a lie at the Coroner's Inquest, and that no one could hang Charley but himself (Ridgway). It was said at Job Brooks' house; Ridgway's mother and her mother were present.
On cross examination, she said she did not think anything had been said about the murder or about Charles, to call out the remark; it was in the evening, and after Charles had left home; could not say how long after. She stayed at the house till Mrs. Brooks was brought to Jail. The Defence objected to the testimony of Mrs. Mason--it was admitted and exception taken.
Catharine Carrigan corroborated the testimony of Mary Gibbs and Catharine Stiles, about the remark of Ridgway, at Stiles(') house. Remembered saying to him he ought to be ashamed of himself; couldn't say whether Mrs. Brooks was present or not; didn't remember anything else that was said. Samuel Norcross testified to the fact of Ridgway and young Brooks taking tea at his house on Sunday afternoon--the day Job was killed in the evening. They left just before sunset. Dean Bowker testified to going from Wm. Irick's to Burlington in company with Ridgway on the morning of Monday before the murder was made public; Defendant seemed very quiet--he was mostly pretty lively.
Charles Brown testified that sometime in September, 1862, he had a conversation with Ridgway, in which he said he didn't know what to make of the old man Brooks--he did not think he (Brooks) would live long. Witness saw Job that evening and he said he was very well.
Solomon Simons testified that about the last of February or first of March, Ridgway told him he was going to move in with his father-in-law; said he would have less rent to pay then; said he and the old man couldn't get along very well, but he would fetch that all right in a little while. Robert Wilson testified that Defendant moved into Job's house within about ten days after the murder; about two weeks after Job's death, witness traded him a horse for a heifer; said he wanted the horse to cart to the shore; talked of moving to the shore; said he was not satisfied where he was.
Elizabeth Montgomery testified that Ridgway worked for her husband and ate at their table, at the period of the murder; the morning the body was found, he was late to breakfast, and she noticed he did not eat as much as usual; thought this was owing to his being out of humor with her husband, who had scolded him for being so late about taking care of the horses; they had breakfast later than common that morning, and Ridgway was later than they were. Witness was at the house of deceased after the body was brought in; Ridgway was down in the woods at the time; he came up to the house with his team, went round to the back part of the house, where he was met by Mrs. Brooks, and the two had a few minutes' conversation in the back shed, which witness did not hear; Ridgway then went into the house, to the door of the room in which the body lay, turned about and went out to his team and drove off to witness' house. Witness walked alongside the wagon all the way home; Ridgway said nothing on the way at all, she thought--certainly nothing about the murder.
Burr Montgomery--the husband of the preceding witness --confirmed the testimony of his wife in relation to his finding fault with Ridgway for feeding his horses so late on the morning the body was found. He further testified that the next day he asked Timothy if he had any idea who did the deed; to which the latter replied, he didn't know--some thought it was John Brooks; witness thought he said also, that his mother (Mrs. Brooks) thought it was John Brooks. One morning after Charley had gone away, witness said to Ridgway that that would make people think he (Charles) had something to do with the murder. Ridgway said, yes, it did look rather dark. Adjourned till Wednesday morning. The prisoner prsesrves an apparently unconcerned demeanor, and does not seem to have suffered from his protracted confinement, looking better than when we saw him the morning after his arrest.
Oct 1, 1863:
On Wednesday morning, Burr Montgomery was recalled and in reply to a question by Prisoner's Counsel, said that Ridgway was usually late in coming to work in the morning. He did not notice anything different from usual in Ridgway until he had scolded him about feeding the horses so late. Ann McIntosh was next examined on the part of the State. She testified that she and her husband occupied a part of the same house as Ridgway and wife, at the time of the murder; Mrs. Ridgway, she thought, washed a few things on Wednesday; the funeral was on Thursday; thought she washed again that week; usually washed on Monday's when she felt well enough; Charles was at our house on the Sunday of the murder; the Sunday after the murder, he was there pretty much all day--in and out of Ridgway's part. Ridgway was at home. Charles said he then had on the same clothes that he had on the night of the murder; he would give anybody leave to examine--they couldn't find anything about him. On cross examination, she said Mrs. Ridgway told her that she did not feel well enough to wash on Monday.
Barzillai McIntosh sworn: Am husband of the last witness; Charles was at our house on the Sunday after the funeral; Timothy was at home; Charles was there about a couple of hours; he had on a new suit that he hadn't had a great while. The Monday evening after Charles had gone away from home, Timothy's wife came out to where he and I were spreading marl, and had some talk with him; when we got to the stable, Tim said, God! Charley has gone away--it looks dark on him--it makes me think he did the crime. This was the Monday night after the burial. Cross-examined: Charles went away on Sunday night; Tim hadn't spoken to me of it before that Monday evening; Tim said, Charley had either run away or else they were afraid he would, and had arrested him and taken him to Jail.
Thomas Gaskill, sworn: Am administrator to the estate of Job Brooks; he owned a house and lot worth $700 or $800; his personal property amounted to about $170; he was about 50 years old; he had two children, a son, Charles, and a daughter, the wife of Timothy Ridgway; Defendant came to my house about two weeks after the murder, and told me his mother-in-law wanted to see me; we had some conversation; I asked if they had heard from Charles; he said they had, hew was out West; he asked if I thought there was enough evidence against Charles to convict him; I said I thought not; he said Charles was foolish for going away; I said, yes, I thought he was. Cross-examined: There was a great deal of neighborhood talk; the general opinion from Charles going away, was, that he was guilty; think Ridgway said Ephraim Farr told him where Charles was; Ridgway and Farr worked at the same place.
Thomas McNinney, sworn: Am a Justice of the Peace; held the Coroner's Inquest over the body of Job Brooks; the first meeting was held on the 9th of March; found a watch, two dollars and sixty odd cents in money, a comb and knife, on the person of deceased; the Inquest was adjourned from Monday the 9th to the next Monday; on the first Monday, Timothy and Charles were before the Jury in the evening-- neither of them in the afternoon; on the second Monday, Timothy was there in the evening; Charles was not; one of the Jury asked Ridgway if he had a knife; he said he had; he was asked to show it; he pulled it from his pocket and handed it to them; it was lain on the table; don't know what became of the knife; (Witness described the knife and produced another which he said was very like it.) Ridgway was sworn as a witness at both sittings of the Jury; his examination was taken in writing. (Examinations produced.) These are the examinations. Defendant produced the knife without hesitation.
Dr. Elwell was recalled and described the wound on the neck of the deceased; had said on his previous examination that it was given with a knife or a dirk; thought the instrument with which the cut was made was sharp pointed, but that both edges were not sharp. Charles Brooks was then brought from the prison and placed upon the witness stand.--Having been duly sworn, he was examined by the Attorney General, and testified as follows:
Charles Brooks, sworn: I will be twenty-three years old on the 21st of December; was born in this County; am the son of Job Brooks; my father is dead; lived at Joseph Butterworth's, the last place; had been at home for about three weeks before my father's death; one week after his death I went to New Albany, Ohio; my sister married Timothy Ridgway; I was at McIntosh's the Sunday of my father's death--at Norcross' also; was at Church the Sunday evening of his death; was at Mount Holly the day after his death--at Peter Coppuck's, and Reuben Forker's; I took $22 or $23 with me to the West; mother gave it to me; don't know where she got it; no one told me to get it of her; wore to the West the clothes I now have on; had worn them the whole week before; this is the suit I had on at McIntosh's; did not put on another suit before I went away; (stick of wood shown witness,) saw that club last Court; never saw it before that; saw it in Jail when George Hulme brought it into me. Don't know what time church let out the night of the murder; I got home a quarter to 9 o'clock; did not see my father when I started from the church; Tim Ridgway's cell in Jail is over mine; there is a chimney from one to the other; by talking pretty loud you can hear from one cell to the other. There was so much talk going on, was why I went West; was at Timothy's house and saw him a few minutes the day I went away; he did not know I was going; I did not think of going at that time. Did not hear anybody cry "Brooksey" the Sunday night as I was going home; I know Mr. McNinney; saw him in Jail before last Court, and once since; had a conversation something about this murder scrape, but don't know what.
Question--Did you then remember who committed the murder ? (Objected to by Defendant's Counsel, admitted and exception taken.)
Answer--No Sir. I knew Samuel T. Leeds; don't know exactly where the spot of blood was in the road; saw it once, the Sunday after the murder; can't see the spot from the yard at home; don't know that you can by going along the fence to see if my father's body was there; did not see Ridgway the night of the murder. At this point, the Court adjourned till 3 o'clock, P. M. In the afternoon, the examination of Brooks was resumed, as follows: Was at Perrine's the night of the murder; saw my father; saw my father as I was going across to there. I know that I have been convicted of the murder of my father.
Question--Do you know that the Supreme Court have refused you a new trial ?
(objected to by Defence--allowed.)
Answer: I heard that they had. I did not meet or overtake my father as I was going home from church; got home before my father was murdered.
Question: How do you know that ?
Ans.--I don't know only what people said--they said it was done at a quarter to nine o'clock or later; looked for my father at home that night.
Question--When did you first know he was murdered ?
Ans.--The next night.
Question--Did you strike your father with a club as he was going home ?
Ans.--No Sir.
Question--Did you tell Mr. McNinney you did ?
Ans.--I don't know that I did.
Question--Did you tell Squire Holeman you did ?
Ans.--I don't know whether I did or not.
Question--Did you tell George Hulme you had ?
Ans.--I don't know what I told him exactly. Don't know whether I told him or not that I struck my father with a club.
Question--Did you hear Timothy Ridgway that night call to you as you were going home ?
Ans.--No Sir.
Question--Did you hear any one call to you, that you thought was he ?
Ans.--I did not hear anybody halloo.
Question--Did you see anybody that you took to be Ridgway ?
Ans.--No Sir: I don't remember to have seen anyone after I left the meeting house.
Question--Had you and Tim had any conversation in reference to killing your father ?
Ans.--No Sir.
Question--Did you get that club from Woolston's ?
Ans.--I didn't get any club.
Ques.--Have you said so ?
Ans.--I don't know whether I have or not.
Ques.--You were at church the Sunday night of the murder ?
Ans.--Yes Sir.
Ques.--Did you say the next day to William H. Mason that you were not ?
Ans.--I said I was.
Ques.--Did you see two women as you went home Sunday night ?
Ans.--No Sir; I didn't see anybody.
Ques.--What name do they call you by ?
Ans.--Some call me Charley and some Brooksey.
Ques.--What does Tim generally call you ?
Ans.--"Charley."
Ques.--Tim call you "Brooksey ?"
Ans.--No Sir.
Ques.--Did you ever see Tim's knife ?
Ans.--I saw a knife I let him have after I came home from Joseph Butterworth's ?(sic.)
Ques.--What kind of knife ?
Ans.--I don't know whether it had one or two blades.
Ques.--When did you see Tim have it last ?
Ans.--The fore part of March.
Ques.--Have you talked to Tim in jail ?
Ans.--A few words out the window where anybody could hear it.
Ques.--What did you talk about ?
Ans.--I don't know what I said to him.
Ques.--Have you talked to him through the pipes or chimney ?
Ans.--No Sir.
Ques.--Could you see the spot where the blood was from the yard ?
Ans.--I never seen it.
Ques.--Did you tell Sheriff Leeds you had ?
Ans.--Not that I know of. I don't know what I did say. I was half tight when they took me.
Ques.--Were you half tight when McNinney saw you ?
Ans.--No.
Ques.--When you talked to Squire Holeman ?
Ans.--I might as well have been--I was all worked up in excitement.
Ques.--Were you excited when McNinney saw you ?
Ans.--Yes.
Ques.--What did you tell him.
Ans.--I don't know.
Ques.--Have you had any talk with Tim as to your examination here ?
Ans.--I don't remember it.
Ques.--Did you tell McNinney you were concerned in the murder ?
Ans.--I don't know what I told him ?
Ques.--Did you carry that stick to strike Dr. Woolston's dog ?
Ans.--I never saw the stick till Hulme brought it in the Jail--never carried it.
Ques.--What did you say to Tim when you talked with him out the window.(sic.)
Ans.--I don't know--I have asked him several times for tobacco. Ans.--Yes.
Ques.--How did he get it to you ?
Ans.--Let it down by a string.
Ques.--Ever had any written paper that way ?
Ans.--No Sir.
Ques.--Did you run home from church ?
Ans.--I ran some of the way and walked some. Ran because I was cold.
Ques.--What part of the way did you run ?
Ans.--I run a little and walked a little all the way home.
Ques.--Was your father before you when you left church ?
Ans.--I don't know--I didn't see him.
Ques.--Where did you see Tim before you went to church ?
Ans.--At Gen. Irick's lane-end.
Ques.--Have any conversation ?
Ans.--He asked if I would be at home if he and Sally came down. Told him I would.
Ques.--Were you there ?
Ans.--No. I had been to Perrine's--came back and found the house locked, and then went to Vincentown. Perrine asked me what my hurry was. I told him Tim was coming down to our house and I expected he was there by this time; he said you are going to see the girls; I told him I didn't do that kind of business.
Ques.--Where did you go from Perrine's ?
Ans.--I went across home.
Ques.--Find Tim there ?
Ans.--No. I didn't see him that night after I left him at Irick's lane.
Ques.--Where did you then go ?
Ans.--To Vincentown.
Ques.--Where then ?
Ans.--I was in Stockton's a little bit and then went to church.
Ques.--What name did you go by in Ohio ?
Ans.--John Lippincott.
Ques.--Did you stop at Salem ?
Ans.--Yes Sir.
Ques.--What did you tell the people there ?
Ans.--I don't know what.
Ques.--Did it storm when you went ?
Ans.--I believe it did.
Ques.--Go at night ?
Ans.--Yes Sir.
Ques.--What time did you leave ?
Ans.--Eleven o'clock as near as I can tell. (Umbrella and strap shown witness.)--Those are mine.
Ques.--Where did you leave them ?
Ans.--At Ellisburg, Champion's Hotel.
Ques.--What did you tell them there ?
Ans.--I don't remember.
Ques.--Tell them you were going to Philadelphia to drive the cars ?
Ans.--I don't know.
Ques.--Did you lay down and go to sleep ?
Ans.--Not that I know of.
Ques.--Did you get your breakfast ?
Ans.--No Sir.
Ques.--What time did you get there ?
Ans.--I don't know--towards morning.
Ques.--Had anybody been at you to kill your father ?
Ans.--No Sir.
Ques.--Have you said they had ?
Ans.--I said something about it before last Court; don't know what it was.
Ques.--Do you swear now nobody had been at you ?
Ans.--Yes sir.
Ques.--Did you kill your father ?
Ans.--No sir.
Ques.--Strike him ? Ques.--Had Tim been at you ?
Ans.--No Sir.
Ques.--Did you tell Hulme, McNinney, Holeman, Leeds and others that he had ?
Ans.--I don't know as I did.
Ques.--Did you say you hadn't slept day or night, after killing your father, until you made the statement ?
Ans.--Not that I know of.
Quest.--Did you see Tim the morning after your father was kille ?
Ans.--I don't remember.
Ques.--Think.
Ans.--I think I saw him go along with his team--did not speak to him.
Ques.--Did you tell him your father hadn't come home.(sic.)
Ans.--No Sir.
Ques.--Did you tell anybody the body had been removed.
Ans.--No--I didn't know it then.
Peter Salter (colored) sworn: Was in Jail when Defendant was brought in there. Brooks' cell is on the second floor-- Ridgway's on the third--right over Brooks'; have heard them talk through the heater; couldn't hear what they said; I was in my own cell; I heard down the heater. Ridgway told me twice to ask Brooks if he had anything to do with the murder or not; I asked him and he said neither he nor Tim either. I reported what Brooks had said to Ridgway; this was since the last Court--as much as two months. Once when I was in the yard, I heard Mrs. Brooks halloo across for Tim not to betray her or Charley; heard no reply; then she would tell Charley not to own up to anything; heard Timothy say, no danger; this was in reply to what Mrs. Brooks had said; this was in August, one evening about dusk. Heard the same conversation three or four different times. Cross-examined: When Brooks had been in eight days, he told me one morning when I took him his breakfast, that neither he nor Tim had anything to do with it; he said he was scared and worked up, and thought it would make it better for himself, was the reason that he told what he did. Ridgway and Brooks were not then where they could communicate.
Lydia Leeds, sworn: Am the wife of the Sheriff; I heard a conversation between Mrs. Brooks and Ridgway, not long ago--cannot remember the exact time; it was in the evening about dusk; the first I heard, Tim said he had a basket his wife might as well have--from what he could find out, they were going to send him to Hell or somewhere else. Mrs. Brooks told him not to believe anything he heard; told him not tell anything he heard; told him not tell anything on her or Charley--just to say they were innocent, and not to fear a witness that could be brought against them. She halloo(e)d to Charley and told him not to tell anything on her or Timothy. I was in my own bedroom. The prisoner's deposition before the Coroner's Inquest was read in evidence. Also his examination before Esquire Holeman.--The State here rested.
Mr. Merritt then opened to the Jury the evidence to be adduced upon the part of the Defence--stating that they would prove that the Prisoner could not have been present at the time the murder was alleged to have been committed--in short they expected to prove an alibi. Mrs. Brooks was then placed upon the stand.
Keturah Ann Brooks, sworn: Am the widow of Job Brooks; he left home the night of the murder between 6 and 7 o'clock; went toward Vincentown; I was in the house--washing dishes, I believe, when he started; didn't go out till I went down to the ditch opposite Wm. Doran's house after my ducks; they were coming home right opposite Doran's house; I went in there; was there 5 or 10 minutes; went from Doran's house right on home; I met Timothy and Sarah Ann going to meeting; they went home with me; it was very muddy and very dark; they stayed till 20 minutes past eight; I looked at the clock after they went away; neither of them were out of the house from the time they came in with me till they went away. I was over at Timothy's house the Friday or Saturday before--don't remember which; it is a very muddy road in wet weather, from our house to Timothy's.--When they went from our house that night they went right on home; I wasn't very well and felt in a hurry to go to bed, was the reason I looked at the clock; don't suppose I was down stairs five minutes after they left; I slept in the room up stairs next to the road; can hear persons walking in the road, from the room; Tim had a clock; it was faster than ours; when I was at his house, Friday or Saturday, their clock struck four--ours did not till I got home; it would take me ten or fifteen minutes to walk that distance--the walking was bad. Job had rented Tim a part of the house, and lots; he expected to move there; the rent was to be $20, I think; Job and he were not unfriendly at that time that I known of. The day after the murder, Barzillai McIntosh and Timothy went up in the pines; he did not stop at our house as he came back; he was there in the evening. Job was at home Sunday, till about 3 o'clock, when he went to take a pair of shoes to John McHenry's.
Adjourned till 10 o'clock in the morning.
On the reassembling of the Court on Thursday morning, Mrs. Brooks was again put upon the stand and Cross-examined: Tim was at our house an hour or more the evening of the murder; husband left home between six and seven; he didn't get supper at home; said he had had his supper; I did not go to church--I was not very well, and the walking was bad; Doran's house is not far from ours; the walking not very good; found the ducks coming home just before seven; did not go after the ducks again. Question--Did you tell Tim you did ? (Mrs. Brooks' Counsel (Mr. Stratton) here interposed and objected to the question.--The Court allowed the question--at the same time instructing the witness that she need not answer any question calculated in her opinion or in that of her Counsel to (in)criminate herself. Answer--I never did. I fixed the fire, locked the doors and went up to bed; the fire was in the kitchen; locked all the doors; followed Tim and wife no farther than the door, when they left; I fastened the door right away, fixed the fire and went right up stairs to bed; did not follow them out on the stoop; saw them go out the gate; didn't hear them after I had gone up stairs; didn't see Tim afterwards that night; no one was there that night; Charles came in and went to bed; he got in at the back door; there are two doors back; the one going into the shed I always left unfastened in case any one was out; didn't heary anybody come in but Charles; there are three rooms up stairs and three down; Charles slept just back of my room; he had to pass my bed to get to his; Job slept in the room where I did; didn't hear any one pass the house that night--don't recollect that I did; can hear when the walking is good; I was at Tim's on Friday or Saturday afternoon--not a great while--nor over half an hour; Tim was not at home. don't recollect seeing Tim till the evening of Monday; it was after candle light; my husband was home all day Sunday till 3 o'clock; the door I left unlocked went into the shed where the pump was; the other doors were all locked; husband returned from John McHenry's between 6 and 7 o'clock; he stayed a few minutes--then put on his hat and went out; my daughter had gone home then; she went by herself; it wasn't more than 5 o'clock, when she went away; Tim wasn't there till evening. The clock struck 9 in a very few minutes afer Charles came in; I had been abed about half an hour; was not asleep; as Charles went through he said, mother I guess I will go to Mt. Holly in the morning, and get some worm medicine; I said, you had better go if the walking is good. To the Court: I said to Charles in the morning, your pappy didn't come in last night; he said no, he has got to staying out often.
William Doran testified that Mrs. Brooks was at his house about 6 o'clock on the evening of the murder; she stayed from fifteen minutes to half an hour; it was dusk but not dark. She asked if they had seen anything of her ducks. I hadn't seen them.
Barzillai McIntosh recalled: Lived in part of the house that Ridgway lived in; my wife and self went into Ridgway's part the Sunday night of the murder; I wanted to see him to tell him what we had to do in the morning; he and his wife were not at home; old Mrs. Mason, his wife's grandmother, was there; he got hom whwn it wanted four or five minutes of 9 o'clock by my clock and his; the were just alike; I sat there and talked an hour after they got home; Tim sat there and talked while I stayed; he behaved as usual that evening, I believe; we were laughing and talking as we usually were; I called him next morning; my clock was 25 minutes too fast; I know that from comparing it with my watch which I brought from Doron's (the watchmaker); got my watch the Saturday night after the murder; saw Tim next morning first, at the stable on Irick's farm; don't remember whether I saw him before Montgomery did or not; we went into the pines, three miles beyond Burr's Mills and got some wood; Tim left his load in Vincentown, on our return; in going to the Pines we came past the place where Job was murdered; Tim's conduct that day was as usual; I was at home and unloaded my wood before sunset. I was at the last Coroner's Inquest in Vincentown; went with Tim; went home as far as his mother-in-law's with him; was present when Tim's knife was demanded; saw him produce it; he and I went away from the Inquest together, as soon as they were done with him; Dean Bowker came home with us from Burr's Mills; he went from Irick's to the Mills.
Cross-examined--Was not in Ridgway's house more than once after the murder; did not compare my watch with Tim's clock; did with my own; his clock and mine both struck at once. Drove on a walk as we were going for the wood; Tim's team was ahead; we talked along; as we went past the house we talked about farming the lots of Mr. Brooks; Tim said he expected to be in possession there; he did move there afterwards; I did not see the spot of blood in the road; I was on my wagon; I introduced the matter about the lots; Tim told me he was to have two rooms in the house and farm the lots on shares; he did not say anything about the old man. Tim was generally late in the morning; I called him almost every morning. I was in Tim's house the Sunday night of the murder, near three hours. After I got my watch, I heard Tim's clock strike with mine; did not alter my clock; I wanted it too fast--it hurried me up better. Ann McIntosh confirmed the statement of her husband relative to the clocks and the time that defendant and wife got home. It was after ten when she and her husband went into their own part from Ridgway's that Sunday night; did not see anything different from usual in Tim's conduct that night; asked when they came home if they had been to church; they said no, they had been home. Tim and his wife came home together.
Sarah Mason was recalled and testified that she was staying at Ridgway's house at the time of the murder. She did not remember what time it was when he and his wife got home that night; McIntosh and wife were there. In answer to questions put by the State's counsel, she said Tim didn't go out again while she was up--he might after she had gone to bed--but she didn't hear anybody go out that night after she went to bed. The Defence here rested--and all the evidence being taken, Mr. Hutchinson commenced summing up on behalf of the State. He had not concluded at one o'clock when the Court adjourned. In the afternoon, Mr. Hutchinson conclusded his argument, and was followed by Mr. Merritt for the Prisoner. At the conclusion of Mr. M.'s speech, the Court adjourned till 9 o'clock on Friday morning, when the Attorney General made the closing argument on behalf of the State. Judge Van Dyke charged the Jury and they retired to deliberate about 12 o'clock. VERDICT OF ACQUITTAL. At six o'clock in the evening they returned into Court and rendered a verdict of NOT GUILTY. The Accused manifested his gratification at the result by a smile and a suppressed exclamation of "Good!"
Oct 8, 1863:
Charles Brooks, convicted of the murder of his father, Job Brooks, at the April term of Court, was sentenced on Saturday last, to be hung on Friday the 11th of December next. Judge Van Dyke, in passing sentence upon the prisoner, referred to the various and contradictory statements made by him in regard to the murder: his confession that himself and Timothy Ridgway committed the crime--then as a witness in the case of Ridgway, swearing that his previous statement was false, and that he knew nothing whatsoever of the murder--and again, as a witness in the trial of his mother, declaring that he, alone, committed the awful deed. The Judge alluded to the peculiar atrocity of the crime--the murder of his own father; knocking him down with a heavy club, cutting his throat, and then dragging him to a ditch, and throwing him in, as though he was a mere brute--and closing by pronouncing the solemn sentence of the law. The prisoner showed no feeling, whatever, and in answer to the question of the Judge, whether he had anything to say why sentence of death should not be pronounced against him, said that he did not know as he had--that he had made his different statements because he had been persuaded to, and thought it would be the best for him. When the Judge had pronounced the sentence, he said, "well, I suppose I'll have to bear it, and get ready for it." Then looking at the Judge, he said: "Can't you give me another week." The Judge replied that he had extended the time beyond the session of the Court of Pardons, and did not know that another week would be of any benefit to him. The Prisoner was then taken from the Court room. On his way to the prison, some one remarked that Sheriff Leeds would not have to hang him, when Brooks quickly replied, "I don't care who does it, so it's done right." When placed in his cell, he commenced dancing, and said he was ready, anytime.
The taking of evidence in the above case was commenced on Wednesday morning.-- Mark Venable was the first witness called. After giving an account of the finding of the body of the deceased in the ditch, as in his previons(sic.) examinations in the cases of Charles Brooks and Timothy Ridgway, he further testified to his going to the house, and to the conduct of Mrs. Brooks. As he turned to go into the lane, he saw the kitchen door a little way open and the arm of Mrs. B. at the door; when he got to the door it was closed; he knocked and there was no reply; knocked harder the second time; Mrs. Brooks then opened the door; he said Good Morning Mrs. Brooks, is Job in ? she stepped back a little, and "looked very revengeful," but made no reply; he told her he would like to see him; she then nerved herself up (in witness' language) and stepped up towards him; he looked to see what she had in her hand; saw she had something like a bunch of feathers, as if she had been sweeping off the stove hearth, or something of the kind; asked her when Job went away; she said the last she saw him, was down at the end of the lot; she supposed he had gone to meeting--she sat up till half-past nine--he didn't come in--she then went to bed, and between one and two o'clock she got up and fastened the door; then she said I expect he has gone a tinkering clocks; witness then said--Good afternoon Mrs. Brooks--when Job comes, tell him I'd like to see him; he then closed the door. Witness visited the house again in about 15 minutes; he went to let Mrs. B. know Job was dead; when he knocked, there was no reply; heard steps of a person coming down stairs and walking across the room floor; knocked a second time and then she (Mrs. B.) invited him in; he said to her, Mrs. Brooks, I have got bad news to tell you and I want you to bear it as well as you can--Job is dead; her reply was "you don't say;" he said "yes, he has been murdered at the end of the lot;" said she, "he haint;" she threw up her apron and gave a boo-hoo; he pointed to a chair and said Mrs. Brooks you had best take a chair; he put his hand on her shoulder, and she sat down on the chair; Harriet Joyce came in about that time; after she sat down she took her apron from her face, and said: How came you to find him ? witness replied: By seeing his hat in the ditch. Isaiah Robbins came in then, and witness asked him if they were bringing the body in; he said they were; he then told Mrs. Joyce she had better take Mrs. B. up stairs; as the two started out of the kitchen, the corpse was being brought into the house; about the time they got to the room door, the corpse was lain on the floor; as Mrs. B. passed the body, she looked down on it as she walked along and went up stairs. A coverlid was asked for to lay on the carpet; witness called Mrs. Joyce and asked her to hand down something to put on the floor; he heard Mrs. B. say, I'll get it; it was thrown down and witness gave it to the men, and they placed it under and around the body. Whilst witness was at the body after his first visit to the house, and Mr. Jones, who was with him at the time the body was found, had gone to Vincentown, he (witness) was looking toward the house; he saw the blind raised and the curtain drawn aside, at an up stairs window looking toward him; saw a person there, but couldn't tell whether it was a man or a woman, at that distance; it was not more than a minute after he came back to the body.
On Cross-examination, witness said he heard it raining between 3 and 4 o'clock that morning; did not know what time it commenced; a good deal of rain fell; between the spot of blood at the side of the road and where the body lay, the ground was an old sward. Before he went to the house the first time, Messrs. Stockton and Newton had arrived at the place of the murder; it was eighty yards from the blood to the house; from the body, 30 feet. The door was closed when he got to the house; did not know what Mrs. Brooks came out of the shed when she came to open the door.
Question--What do you mean by nerving herself up ?
Answer--She appeared to nerver herself up as if she was angry; thought from the appearance of the woman, that she had some weapon in her hand; I was afraid she might attack me. Didn't tell about the arm at the door, before the Coroner's Jury-- the question wasn't asked; told the same story then as now, as near as he could recollect; Mrs. B. did not ask witness, where they found Job, instead of "how they came to find him." (Counsel for the Prisoner here read from witness' deposition before the Inquest, in which he said Mrs. B. asked "where they found him.")--Witness did not think she asked him that question. Prisoner's Counsel again read from witness' deposition, that Mrs. B. said no, when asked if Job was in. Witness believed he did say that before the Coroner's Jury. In reply to inquiries by Counsel of the State, witness further said he did not see Mrs. B. shed any tears--she "boo-hooed" behind her apron. Timothy Ridgway, who had been confined in Jail as a witness, since his acquittal, was then placed on the witness stand.
Timothy Ridgway, sworn: (Knife shown) Question--When did you last see that knife--under what circumstances ?
Answer-I saw my mother-in-law kill a chicken with it. I had a conversation with Mrs. Brooks about the murder, about the 29th of March last; the day before I was brought here, she sent me to Thomas Gaskill's; I went to tell him she wanted him to come up there, she wanted to see him; when I went back, I reported to Mrs. B. that I had been to Mr. Gaskill, and that he said he would come the next day; then I went over to the barn to feed the horse; she went too; I said to her, I'd like to know who did that deed; she said, she was afraid Charles had done it--she had heard him say his will was good enough, if he only dare; I told her I hoped they would find out who did it; then she told me to come to her; I then went close up to her; now, said she, I'll tell you, but for the world never say anything about it; I told her I wouldn't; said she, if you do, I'll take everything away from you that I ever gave you, and Sarah Anna shall not live with you; I told her I wouldn't mention it; said she, you remember the night that Job was killed--you and Sarah Anna started to go to Church; said she, you met me down yonder by the bridge; she said, that was the errand she and Charles had been on then--they tried to catch the old man when he was on his way to Church, but they couldn't; as soon as you and Sarah Anna started out to go home, I started out and went down to the bridge; she said, she waited there till Charles and his father came along from Church; she said, when they came along, Job asked her what she was doing down there; she told him she was looking for her ducks--she was afraid they would lay down there and she wouldn't get any eggs; Job said to her he thought it was a pretty time of night to be looking for the ducks; he started on a piece, and Charles ran up behind him with a club and knocked him down; she said she handed Charles the knife and he stuck it in his throat; she helped Charles carry him to the ditch; she said the reason she done it, she was going to stop him from running after Keziah Darwood; she said the knife it was done with was the knife Job fixed for her to stick chickens with; (knife again shown witness) that's the knife she used for that purpose. Sarah Anna is my wife and the daughter of Job Brooks; I believe I have stated the whole conversation that took place at that time. The day Job was found, I had a conversation with Defendant; when I came home out of the Pines. I came along there and stopped; she called me out in the pump-shed; she asked me first if I had to go before the Inquest; I told her yes; she said Charles was judged for it; she said she went me to go before the Inquest and swear that Charles was at home a little after 8 o'clock, and abed; I told her I wouldn't do it; I passed on through the house, went in and looked at the corpse, and then went on home with my team. I found a pair of boots at my house on Tuesday following the murder; I didn't know the boots were there till Tuesday morning, when I went to put mine on; my light boots were gone, and another pair left in the place of them; as I picked one up, the toe dropped down and I saw blood in the wrinkle here; (witness showed on his own boot the place--above the instep); I have seen Charles wear the boots--I know where they were made; I set the boots down again and said nothing till he (Charles) came; (conversation between witness and Charles objected to); he came for the boots and took them away; I afterwards had a conversation with Mrs. Brooks; I asked her if Charles killed a chicken that Monday morning after the murder was done; She said, No. I told her that Charles said how that the blood came on his boot--that he killed a chicken; that was when we were going from home down to the Coroner's Inquest; I told her I would have to tell it; told me if I did tell it before the Inquest. I had better not show myself under that roof again; I did not tell it--I daren't. My wife and myself started to go to Church on the evening of the eighth of March; we stopped at father-in-law's as we were going past; we found the house fastened; my wife took a broom and brushed the mud off her shoes and we started on; we got down between where he was killed, and the bridge, and met mother; we asked where she had been; she said she had been to look for her ducks--she met them a coming home and she went into Mr. Doran's; she said, it is very dark and muddy, you had better turn round and go home with me--so we did so; we stayed there till 20 minutes past eight o'clock; then we went home--I and my wife. Mrs. Brooks has said something to me since I have been in prison about this murder; she told me she didn't want me to tell on her and Charles this court(sic.); she didn't want me to tell what she had told me about her and Charles; she was at the window right opposite me, only she was lower down-- a story lower; I believe she told me no more.
Cross-examined: I was 22 years old the 9th day of last May; I was born at Barnegat, Ocean County. (Witness was here questioned and testified in reference to the different persons he had lived with and worked for prior to the time of his coming to Burlington County). When I first came into this County, I worked at blacksmithing for Clayton Sapp, at Vincentown; I worked for him a while and then was in the Army three months, and then worked wih him again; think I was withhim between two and three years; I enlisted under the first call for three months' men; worked for Ambrose Dobbins this Summer a year ago; have also worked for Gen. William Irick; worked for Amos Hueston a little while before I went to Irick's; was working for Gen. Irick at the time of the murder; think I had been there seven months; lived in his tenant house at the forks of the road; the roads run to Medford, Eayrestown and Lumberton; was engaged in farm work; think it is half a mile on the map here from the tenant house to the place where Job was murdered; I had been acquainted with Job's family between two and three years; his family consisted of his wife and two children; I don't recollect when I married his daughter; it is going on two years now; I don't know about what property he had--only I know he owned the house and lot where he lived; he had a cow and hog, and a heifer he gave my wife; Charles was at work at Mr. Butterworth's at Pemberton, previous to his father's murder; think he had been at home two or three weeks--I won't be certain; I saw him frequently--he was often at my house--always has been since my marriage.
Question--You and he were very friendly--intimate, were you not ?
Answer--Yes, sir--we had a few words once.
Question--Together a good deal ?
Answer--Yes, Sir.
Ques.--Were you with him the day preceding the night of the murder ?
Ans.--Yes Sir. He came to my house; think he came there a little before noon, or about noon; I won't be certain whether he took dinner there or not; he and me went to Samuel Norcross' together in the afternoon; I suppose between 1 and 2 o'clock; were together during the afternoon; took supper at Norcross'; it was pretty near sunset when we left there. Ques.--Did you not tell Charles you were coming down to his father's that evening ? Ans.--Yes Sir; I asked him if he would be at home if my wife and me came down to go to meeting; he said he would, he guessed; Charles said he had got a place to work; at Jacob Seeds', near Pemberton; can't say whether he told me that afternoon he was going the next day; can't recollect whether he told me that day or not--he had told me: he and Mr. Norcross--come to think--were talking about it; Charles said he ought to go the next morning; Mr. Norcross told him he had better stay and vote before he went over; Charles and I parted at Irick's farm-house lane; I went to take care of the horses and he went home; it was getting dusk; it was after sunset; I and my wife left home to go to meeting--I don't know what time it was; I was not in the habit of going to meeting so very regular at that time--had to work through the week and felt tired, Sunday; I don't know what time meeting called; don't remember looking to see what time it was when we got in my father-in-law's house; think my mother-in-law was about half way between the bridge and where the spot of blood was found when we met her; we were at her house an hour and better; left at 20 minutes past 8; I looked at the clock when we left; I went to work--the next morning; don't think it was far from 6 o'clock when I went over to the place; went up to Burr's Mill--McIntosh and me; I saw Charles in the evening. I was examined the night after the murder, before the Coroner's Jury.
Question--Did you not then state the time you left Job's house the night of the murder ?
Ans.--I forget whether I did or not.
Ques.--Did you not say that you stayed till a little before nine ?
Ans.--I don't remember whether I said so or not.
Ques.--Do you remember about your answer before the Jury the second time ?
Ans.--I told them 20 minutes to nine, but that was a mistake--I told Barzillai McIntosh at the time that I had made a mistake--it was 20 minutes after eight. I was examined before a magistrate after my arrest; think it was three days after my arrest; think I was examined before that by Justice Holeman; I forget whether I did or not say anything about the time I left Job's house.
Ques.--Did you not say on April 2d, before Justice Holeman, that you remained till 20 minutes to 9 and then went home ?
Ans.--I believe I did.
At this point, the Court adjourned till afternoon, when the cross-examination of Ridgway was resumed as follows:
I believe I did say before the Coroner's Inquest, when it met the second time, that I had had no conversation with the family about the murder; I had to talked to Mrs. B. about the blood on Charles' boots, that same evening, going down; I first saw Charles at his father's house the next evening after the murder; it was after he had been before the Inquest; I was in the bar-room when he was before the Inquest. Charles went away some days after the murder; I think it was the next Sunday; he went out West; I did not know he was going away; he was at my house the Sunday after the murder--I forget whether in the forenoon or afternoon; he wasn't there long--a half hour or three quarters; I don't know as his business there was anything particular; we had no talk about his going away; my wife was present; I did not advise Charles to go away.
Ques.--You say that under oath ?
Ans.--I do. When I was brought to Jail I knew Charles was on the road, but didn't know whether he had got here or not; I forget whether constable Warren told me or not--we were talking about itas we were coming down; when the question was asked at my first examination, before Justice Holeman, I told them I didn't know where Charley was; did not tell them where he had gone.
Ques.--What story did you tell Mr. Holeman the first time about the murder ?
Ans.--I think I made the same statement that I did before at Vincentown.
Ques.--What was that ? Ans.--Why that I knew nothing about it; I told him all I knowed about it was what I had heard her (Defendant) say--that she had told me that Charles will was good enough, if he only dare. Ques.--Is that all you told him ?
Ans.--They asked if I had any grounds for that--I told them I didn't know any more than what she told me.
Ques.--Who did you first tell the rest of the story to ?
Ans.--Sam'l. Prickitt; I had been in Jail I forget how long; think between one and two weeks; Charles and I were before Holeman together, when I was first there; I heard this story; it wasn't till after I had heard this story that I told this story to Prickitt. Never had any words between me and my father-in-law; had never said to anybody that he and me couldn't get along very well. I know Solomon Simon; recollect moving a man from Wells' to Irick's; believe Simon's and mine were the only teams that moved him that day; did not tell Simon that me and father could not get along together. I think that after telling this story to Prickitt, I told it next before Mr. Holeman. I don't know what clothes Charley wore out West--I didn't see him go; I had no talk with him about changing his clothes; I never made any threats against Job Brooks; remember asking mother where he was on the occasion spoken of by Catharine Stiles and others; I did not say I would chop his heart into mince-meat and fry his liver on a grid-iron, or words to that effect. I went to see Thomas Gaskill the day before I was brought here to Jail; think it was on Sunday; never went but once to see him on that business; think it was getting dusk when I got to Mrs. Brooks'; she and my wife and wife's grandmother were there; can't say whether Mrs. Brooks got support or not; she and I were out in the yard close to half an hour; it was after supper.
Ques.--Did you not say that evening, you were the only person alive that could hang Charley ?
Ans.--I don't know whether it was that evening or not--I remember saying it; mother, my wife and grand-mother were present; did not say that--I said that I knowed something which if I was to tell, would be apt to hang Charles.
Ques.--Did you not say they were all down on you for persuading Charley to go away, but it was the best thing he could have done or words to that effect ?
Ans.--I did not. Jame Lippincott(surveyor). Dr. Elwell, Wm. T. Jones, Joseph N. Gibbs and Philip S. Lippincott, testified as in the case of Ridgway. Dr. Elwell thought the knife produced in Court and identified by Ridgway, might produce such a wound as was found on the neck of deceased. Burr Montgomery, sworn: I recollect Mrs. Brooks being at my house and having a black eye; it was sometime in the early part of the winter of 1862. (Objected to by Defence--objection overruled and exception taken.) I said you have been in a battle; she said yes; that was all that was said at that time; had a conversation with her the morning after Mr. Brooks was buried; as I was passing her house she came out the gate and stopped me; said she understood Catharine Stiles had been telling something concerning Charles killing his father, at my house; asked me if I knew what it was; told her I did not; said she understood that Mrs. Perrine and Kiz. Darwood had been talking about it; asked if I knew anything about it; I said I didn't know what I did; she said if you do, don't tell anything for my sake, if they ask you anything. On cross-examination, witness said there were some suspicions afloat at that time; he had heard some little talk, but had not heard anything from Mrs. Stiles. Esther Doran testified that at the time of the murder, she lived the next house to Mrs. Brooks as you go from Mrs. B's to Vincentown; Mrs. B was at her house that evening, between 6 and 7 o'clock; went away between 7 and 8; said she had come down after her ducks and thought she would come in and see us before we went away--we were going to move about the 25th of March. Samuel B. D. Prickitt, (Deputy Sheriff) testified to obtaining the knife produced in Court, at the house of the Prisoner, the day she was brought to Jail; it was handed to him by Mrs. Ridgway, when he inquired for it; Charles and Timothy were then in Jail. One afternoon last Summer, witness saw the Prisoner at a Jail window, twisting her handkerchief around, putting it under her chin and raising the two ends above her head; she would then shake her head very strongly; the motions were repeated again and again; Charles and Tim could see it if they were looking.
Crispin Lippincott testified that he was a trustee of the Methodist Church at Vincentown; Mrs. Brooks was a member--Job was not. About a year ago he went to see Mrs. Brooks, and told her Job said he could not live in the way he lived--that if things wasn't better he would make a vendue and break up. Mrs. B said if Job would do his part, she would do hers. David Johnson testified that deceased was about 48 years old and that his wife was some ten years older than he; his weight was about 135 pounds.
Samuel Ross, affirmed: Went with Alfred Moore to Mrs. Brooks' house, after Ridgway was arrested, to inform her of the fact; he was arrested about dusk and we went out immediately afterwards; when she came to the door, Alfred told her they had arrested Timothy and taken him to Mt. Holly; she said, "they have ?" he said yes--they have caught Charley and are on their way home, and have sent in for Timothy to be immediately arrested; she replied "you don't say;" she then commenced talking of Charley--said he was innocent--she knew he was; said he was at home and abed that night before nine o'clock and not out afterwards. Alfred then said it looked very strange--his going away--it looked as if he had done it; she said he would not have gone away had it not been for some persons the day before, down along the ditch, looking at the place, and they advised him to go away; Alfred told her it was very strange a man should be murdered so near his own house and no one know who did it; she then said, if the truth was known, it was two strange men who did it; there was two strange men seen to come up the road that night, and she thought they did it; whoever they were, they slept in their barn that night; she went in there in the morning and saw where they had laid. Witness went at the request of Justice McNinney to apprise Mrs. B. of Ridgway's arrest--and that he would not be at home. Ridgway and wife were staying at their mother's at that time.
Alfred Moore corroborated the testimony of this witness.
Edward Wright and Jacob Brown testified as in the other Trials.
Ann Bowker, sworn: Was at Mrs. Brooks' house the day the body was found; while it was being laid out, witness sat down by Mrs. B. and said she did not expect Job had an enemy in the world--he was such a pleasant, smooth man. Mrs. B. said, yes he has enemies since he got to running to that house over there after Keziah Darwood; she said "he was a very smooth-tongued man; I told him on Saturday that he had licked the blarney-stone pretty near clean and his time was short." Witness asked Mrs. B. for a sheet to put on the table to lay the corpse on; she said there was one in the stand drawer in the middle-room; witness went there and found a sheet and pillow case; nothing in the drawer but these two articles. To the Court--I did not ask her what she meant by his time being short. The witness was then cross-examined as to when she first told this story, &c.
Elizabeth Montgomery, sworn: Wife of Burr Montgomery: Mrs. B. frequently spoke of her husband, at my house; don't recollect anything serious that she said only about the time she had a black eye; she said her mand had hit her; I told her I would sue him; she said if she did she was afraid he would do something worse; remember her once saying something about his throwing a cup of coffee at her. Mrs. Brooks told me about her having her fortune told; can't tell the time--it was in cold weather; said she expected to lose her mother and her husband in the Spring; her mother was to die first. She often talked about Job's running after Keziah Darwood and Becky White. I was at the house the day the body was found: some one asked who she judged for it; she said neither John Brooks or himself; (Witness confirmed Ann Bowker in reference to the remark about the blarney-stone.) I have heard her say that Charles wished his father dead and would kick him in the grave.
On cross-examination, witness said she did not go to church the night of the murder; it was very muddy and dark. Mrs. Leeds and Peter Salter testified as in the case of Ridgway.
Thomas Gaskill testified in relation to the property of the deceased.
Thomas McNinney, sworn: Mrs. Brooks was asked before the Coroner's Jury if Job had any enemies; she said none that she knew of; she was asked who she thought committed the murder; she said she couldn't think of anybody but John Brooks. Witness said she sent for him the day after Job was buried; and enquired if Charles would have the right to bring witnesses before the Inquest to say that some of the persons whom she had heard were going to testify against Charles were not worthy of belief under oath. The Deposition of Defendant before the Inquest, and her examination before the magistrate, were read in evidence, and the State rested.
Mr. Stratton then opened to the Jury the testimony to be offered on behalf of the Prisoner, and called Solomon Simon--who testified to the same effect as in the case of Ridgway, when he was a witness on the part of the State. Ridgway did say at the moving alluded to, that he and his father-in-law hadn't got along very well, but he would fetch that all right in a little while. Martha Perrine and Keziah Darwood testified to the same facts as on the former trials.
Sarah Mason, sworn: Am the mother of Mrs. Brooks; was eighty-three years old last month; lived with Timothy Ridgway at the time of the murder; after the murder, went down to Job's--the day the body was found; stayed there till after Keturah was brought here; Timothy and his wife moved in after awhile; I was present on one occasion when he said he was the instigation of Charles' going away; I was present when Charles said he was going away; his mother opposed his going.
Cross-examined: Tim and his wife moved in according to a previous arrangement before Job's death; think she (Mrs. Brooks) gave Charles a little money when he went away--she hadn't much herself to give. Witness further said it was Charles she heard say that Timothy was the instigation of his going away; didn't recollect hearing Timothy say no.
Sarah Anna Ridgway, sworn: I am the daughter of Keturah Ann Brooks, and the wife of Timothy Ridgway; I was nineteen years old the 20th day of last June; was marrried a year ago the 9th of last March; I was at my father's house in the afternoon of the day he was murdered; it was about 2 o'clock I guess, when I got there; found mother and father there; after I got ther, father went over to John McHenry's; he took a pair of shoes; I was home a little while before supper--don't know the exact time; left no one but mother in he house when I went away; Timothy and I were there again in the evening; he invited me to go to meeting; we went to mother's first; the house was fastened; we then concluded to go on to meeting; when we got between the house and the bridge, we met mother; Tim asked if I cared about going to meeting and I said not; we went back to mother's; stayed till after 8 o'clock and then went away; I went down to mother's the next day, between 2 and 3 o'clock. I know of my mother keeping some bed-linen in the stand drawer in the front room, down stairs; kept it there as long as I can remember; she had a pair of sheets and three or four pillow-cases there; when I was married and went to housekeeping, some of these articles were given to me; they were kept in the stand-drawer at that time. Charles was at our house the Sunday after the murder, in the morning; Timothy was there besides me and Charles; I knew that Charles was going away from home; heard Timothy persuade him to go away; Charles agreed to go, in Timothy's presence. I recollect the night that Timothy went over to see Thomas Gaskill, for my mother; remember when he come home; he got his supper before he went to see Mr. Gaskill; there was a conversation that evening at my mother's; Tim said he had sworn to a lie at the Coroner's Inquest and that there was but one in the world that could hang Charley and that was he; I asked him what for, and he said he wouldn't tell; he said he had heard from Charles, and he told mother he expected she blamed him for Charles going away, but she need to be glad that he had gone; we stayed at mother's at nights at that time; had not moved there.
Cross-examined: Mother saw us out that Sunday night; my husband and myself went right home; we remained at home; went to bed together; left mother's as near as I can tell, 20 minutes past eight; we got home a few minutes before 9, but our clock was about fifteen or twenty minutes too fast.--Husband got his supper at mother's the night he went to Thomas Gaskill's; when he returned, he stated to us all what Gaskill had said to him; mother was present; it was after he had told what Gaskill said, that the talk about Charles took place. Can't tell how long before my father's murder, I looked into the stand-drawer; it was not long before; some pillow-cases and stand-covers were given me out of the drawer, when I went to housekeeping; a pair of sheets and some pillow-cases and one table-cloth and stand-cover were in the drawer, whe I last saw it. I have been four or five times to see mother in jail; have seen Timothy acrosss the jail yard from the entry-window; havn't(sic.) been close to him to shake hands or anything; havn't(sic.) seen mother since the trial was going on--not for better than four weeks.
[Questions were asked witness, whether she was not offended with Timothy for testifying against her mother; whether she hadn't said she wouldn't live with him again &c., and were overruled by the Court.] Charles Brooks was then brought in from the prison and again put on the stand.
Charles Brooks, sworn: I am a prisoner confined in Jail; I was indicted at the last term for the murder of my father; I was tried and found guilty; my mother was not present when my father was killed; she did not aid or assist in his murder in any way:
Question--Do you know who killed him ?
Answer--I expect I done it.
You did kill him then ?
Yes Sir.
Where did you kill him ?
At the corner of the lot.
When ?
The 8th day of March.
What time ?
About a quarter of 9 o'clock in the evening.
How did you kill him ?
With a stick of wood and a knife.
How often did you strike him with the stick of wood ?
Three or four times.
Where did you use the knife--in what part of his body ?
In the neck.
What knife did you use?
A brown bone-handled knife.
Have you got that knife now ?
I have not.
What became of it ?
I throwed it away on the night of the 9th of March, coming from Pemberton to Vincentown.
The night after the murder, was it not ?
Yes sir.
Do you recollect where ?
About 150 yards from the woods, by Samuel Haines'.
When you murdered your father, was your mother present ?
No, sir--no one.
You committed the deed alone, then, without any help, did you ?
Yes, sir.
What did you do with his murdered body ?
Put it down in the ditch.
Did anybody assist you in that or did you do it alone ? Cross-examined: I was at Samuel Norcross' the day of the murder; I left Tim at Irick's lane-end; I took 22 or 23 dollars to the West; got it of mother; I believe I was examined as a witness in Ridgway's case, last week.
Didn't you then say you did not murder your father ?
I believe I did.
Were you on your oath ?
Yes, sir.
Didn't you say then you didn't know anything about it ?
I don't remember--I might have said so; I don't remember anything two hours at a time.
Haven't you made a different statement from what you did to Hulme, Holeman and McNinney ?
I thought there was some chance of getting clear--but I find there ain't, and I might as well come out and tell the truth.
Did you not tell Hulme, McNinney and Holeman, that you struck your father with a club and then ran home ? I believe I did.
Did you not say you saw some one come up you thought was Tim Ridgway ?
I might--I don't remember.
Did you not tell Thomas Bodine a different story from what you now tell ?
I don't know.
What induces you now to tell what you do ?
Well, I thought awhile there might be some chance to get clear or go to State's Prison; but I find there ain't, and so I made up my mind to come out and tell the truth, and that's what I have done.
(Stick of wood shown.) Is that the club you had ?
No, sir.
Where did you get the club ?
From Dr. Woolston's wood-pile.
What did you do with it after the murder ?
I put it on the wood-pile at home. It was a stick about the size of that, but a lighter wood; I took it and put it under the woodpile next morning; there was some blood on it; I don' know about any sand or hair on it--didn't look to see; saw it was split. I don't know whether I said to McNinney or not that Tim Ridgway put me up to the murder.
How did you get him to the ditch ?
I drug him there.
How ?
I took him by the shoulders and drug him. I don't know who I first told that I killed my father; don't know when; don't know whether I told anybody before I went away; or anybody out West; don't remember who I first told after I came back; think I told George Hulme of it first, on the road from New Albany to Salem; it is more than I can tell what I told him; don't think I made the same statement then as now; don't know who I next told; I told Mr. Stratton the statement I have now now made, before I came on the stand; think it was yesterday; don't know as I do recollect what I said last week as a witness under oath; think I did then swear I knew nothing about the matter; don' think I ever told anybody this statement before I told Mr. Stratton; there has been a few words said across there (in Jail) by mother, but I don't remember what it was now; think she told me one night, if I done it to own to it--if I didn't, to deny it to the last; don't remember of anything else; I never told my mother that I killed my father; I believe I told her I was going away, when she gave me the money-- was what I wanted it for; told her I was going out West; believe I told her I was afraid the was going to take me up--or something of the kind; told her about three hours before I went; didn't tell her the particular place I was going to--I didn't know where Frank Hilliard lived, or I'd have gone to a more particular place than that; mother paused before she gave me the money and said I had better not go. After I killed my father I went home and went to bed; I passed my mother's bed; don't remember whether I said anything to her or not;
[Answer to question by a Juror.] I got no blood on my clothes except on my pocket where I put the knife. My father did not speak after I struck him; I don't remember hearing anybody call "Brooksey" that night; don't think I said anything to father before I struck him; stood behind him; I don't know how I came to fix on that night to kill him--spose the notion took me; after I put him in the ditch I took the hat and laid it on his head; don't know whether the hat came off when I struck him or not--guess it did though; I don't know why I took him to the ditch; after I got him to the edge of the ditch, I took him by the heels and pulled him down; the knife was father's; I got it off the mantel-piece at home; I had carried it for several days; No one advised me to make the statement I have made here today.
Mr. Stratton:--Charles, I advised you to tell the truth, the whole truth and nothing else, didn't I ?
Yes, sir.
To the Court: I don't remember mother ever telling me not to tell on her.
You say you find now that you have no chance, and so you tell the truth--do you remember my telling you when you were on the witness-stand, last week, that it would be the painful duty of the Court to sentence you to death at the present term, and my adjuring you to tell the truth ?
Ans.--I believe there was something said like that.
Does your position differ now from what it was at that time ?
Ans.--I don't know that it does.
Brooks was then taken back to prison.
Thomas Gaskill testified that he in company with three other gentlemen, searched the house of the deceased, between 3 and 4 o'clock the day the body was found; the prisoner made no objection to our searching anywhere; gave up the keys.
Catharine Carrigan testified that she went to the house Monday afternoon; remained till the next Sunday; assisted in the washing the day after the funeral; washed the clothes Job was murdered in; saw no other bloody clothes. The Defence offered in evidence the two depositons of Ridgway before the Coroner's Inquest and his first examination before Justice Holeman. They were read and the Defence rested. Adjourned till morning. The arguments of Counsel occupied the time of the Court's sitting on Friday. Judge Van Dyke concluded his Charge to the Jury, and they retired at 61/2 in the evening. They came into Court about 10 o'clock, on Saturday morning, representing their inability to agree upon a verdict. The Court addressed them a few words upon the importance of the case being decided, and they again retired.
At 1 o'clock they rendered a Verdict of NOT GUILTY.
Dec 17, 1863:
The execution of Charles H. Brooks, for the murder of his father, Job Brooks, near Vincentown, in this County, on the 12th of March, 1863, took place in the yard of the County Jail, in Mount Holly, on Friday last(December 11, 1863). The circumstances connected with the murder; the finding of the body of deceased in a ditch by the roadside and near his own residence; the suspicions excited against members of his family; the flight of his son Charles a week after the murder; his subsequent arrest near Salem, Ohio; his confession implicating his brother-in-law, Timothy Ridgway, as a confederate in the crime, and as the person at whose instigation it was committed; the subsequent arrest of Ridgway; his denial at first of any knowledge of the perpetrators of the deed and then his statement representing that his mother-in-law, the widow of the murdered man, had confessed to him that she and her son Charles killed her husband; the arrest of Mrs. Brooks; the incarceration of the three in the County Prison; the subsequent retraction by Brooks of his first confession, and denial of his guilt; his trial and conviction at the April Term of the Court; the trial of Ridgway at the September Term; the testimony of Brooks in his behalf, alleging that his former confession was false; and that neither he nor Ridgway had anything to do with the murder; the acquittal of the latter; the trial of Mrs. Brooks and her acquittal upon the testimony of her son that he alone perpetrated the foul deed--all these are familiar to the minds of our readers.
CONDUCT OF THE PRISONER
Throughout the time of his imprisonment--whether before or after his sentence--or on his trial--Brooks displayed a most astounding callousness of feeling, an utter lack of appreciation of the enormity of his offence, or realization of his awful situation, with a total disregard of the consequences of his crimes, either in this world or the next. He was visited by Rev. R. V. Lawrence of the Methodist Church, Rev. S. Aaron, of the Baptist Church, Rev. D. W. C. Byllesby, of Trinity Church, and William Doran and others of the Society of Friends. All these endeavored to bring him to a realizing sense of his condition, but apparently without any effect. The only time he evinced any marked emotion was about a week before his execution, when he was informed that the efforts in his behalf before the Court of Pardons had been unsuccesful. From first time to last during his confinement, he gave his keepers very little trouble--and made no attempt whatever so far as can be ascertained, to effect his escape from prison.
VISIT OF HIS MOTHER AND SISTER. On Wednesday afternoon, the mother and sister of the condemned, visited him for the last time. He received his sister in an affectionate manner and talked with her in a pleasant way for a quarter of an hour. Upon her departure he gave her his pocket-book and also told her she was to have his watch after his death. He did not appear at all affected at parting with her, but was as stoical as ever. His mother he was averse to seeing at all, and refused to let her kiss him--telling her to "go away, I want nothing to do with you."
HIS DEMEANOR ON THURSDAY
He comported himself with the same singular levity and seeming indifference to his fate, on the day previous to his execution, that he had during his whole confinement. In an interview with him, had by a member of the Press, and another gentleman, on Thursday afternoon, he said, in response to a remark of one of them in reference to his good spirits, that a man "might as well be merry as sad--you can't die but once," and further said "the Sheriff takes it harder than I do." The remark was then made to him that he would be willing to exchange places with the Sheriff, to which he responded with a smile, "Yes, if I could get his salary." In reply to a question as to whether he had it in his mind to kill his father when he (Charles) was at Church that Sunday night, he said no--he would have been home and abed, if he hadn't met with Tim at the corner of the lot--Tim pestered him to do it right away, and kind of pushed him into it; he struck his father on the spur of the moment and then ran home. Being asked if Tim then cut his throat and put the body in the ditch, he replied "yes, he did." He was then asked where he got the club. He said, Tim had it at the corner of the lot.--Reference was then made to his written confession in which he admitted that he did the deed himself. To this, he said he didn't suppose people would believe him anyhow if he changed his story again, and so he wrote down the same on that point as he swore to on the trial of his mother. He further said: "I guess I won't say anything to-morrow, for people won't believe me: but I'll see how I feel--if they don't get me worked up, I'll tell about it." Allusion being made to the cry of "Brooksey," said to have been heard by one or both of two women who testified to it on the trials, he said "I heard no such cry--there was none--and they couldn't have heard it from where they were, anyhow." He said he and his father always got along well enough together. Being asked if his mother had been a good mother to him, he replied with some hesitation: "tolerable." He made no reference to her in connection with the murder during the interview. Upon being told that it would have been better for him to have always told the truth in relation to the murder, he rejoined that the Judge told him before he testified in Ridgway's case, that he would be sentenced to be hung anyhow. In reference to going to the State Prison for life, he said he would rather be hanged. The question being asked him, in view of some verses entitled "One Glass More," which he had composed or transcribed, and presented to the Turnkey of the prison, whether he attributed his present situation in any degree to the use of liquor, he answered, "yes"--and further said he had been drinking the night of the murder. He said he didn't know that he ever got enough to make him stagger; he never drank so as to prevent his attending to his work; he used to get "pretty well yorked" (as he expressed it), sometimes on Saturday night, but he "laid by" on Sunday, and was "all right" Monday morning. He said he "could stand a good deal" of liquor, and told with great glee of himself and a companion having one afternoon drank three quarts of whiskey between them. Being inquired of in relation to his education, he said he had been to six or seven different "masters" and spoke of two of them by name as first-rate teachers, particularly praising one for his skill in arithmetic. Allusion being made to his writing a good hand, he said he "couldn't write much now," and being asked if his hand trembl ed, he replied that it did. He seemed vain, however, of his strength of nerve, remarking in the course of the conversation, that "few young fellos" were "so nervey" as he, and that he never knew that he was so much so till he once tried a galvanic battery (as appeared by his description) and found he could stand a heavier shock than any other in the company. He talked freely and good-humoredly during the whole interview. Some of his remarks were of a disgustingly obscene character--showing that the prayers and admonitions of the Clergy--one of whom had been with him but a short hour before--had made no impression whatever upon his depraved nature. He seemed to cherish a feeling of regret or chagrin that he had made the confession he did on first being arrested--saying "they couldn't have done anything with me if it hadn't been for that--there was no blood found on my clothes, and they couldn't prove anything against me," and manifested some resentment towards those who (as he expressed it) "pumped it out of" him. He further said in this connection, "If I knowed as much as I do now, I'd have shipped for England and from there to Australia, and from there somewhere else, and I'd have give 'em a good chase after me, I guess." As the gentleman parted with him, one of them told him he would see him again in the morning, and enquired if there was anything he would like to have. He replied "no, not that I know of," presently adding "you may bring me up a quart, if you like." He talked to all who saw him, on Thursday, in the same indifferent, unfeeling way.
MORNING OF THE EXECUTION.
Brooks ate as much breakfast as usual on Friday morning, and told the Sheriff that he had rested well during the night. One of his Counsel, Mr. Stratton, visited him during the morning, and exhorted him if he said anything under the gallows, for this time at least, to tell the truth. The prisoner said nothing in reply. At half-past nine o'clock, Rev. R. V. Lawrence, Pastor of the Methodist Church, in this town(Mount Holly), and William Doran, of the Society of Friends, who had been most faithful and untiring in their spiritual labors with the prisoner for weeks prior to the execution visited his cell and engaged in religious exercises with him for half an hour. All their prayers, exhortations, arguments and entreaties made little, if any, perceptible impression upon the hard heart of the criminal. At half-past 11 o'clock, the Sheriff repaired to the cell of the condemned, to prepare him for execution--accompanied by the clergy, members of the Press and others.--The Sheriff asked if he was ready, to which he replied, 'Oh yes, I am ready any time.' Messrs. Lawrence and Doran again spoke to him of the nearness of his doom, and exhorted him to a speedy repentance, but without effect. Prayer was then offered up. At the conclusion of the prayer, the Sheriff placed the noose round the neck of the prisoner, and placed the black cap on his head. His arms had been previously pinioned. A shawl was thrown over his shoulders and he was ready for THE EXECUTION.
The procession, headed by the condemned man in the custody of the Sheriff, and comprising the clergy, Sheriffs of Middlesex, Mercer, Hunterdon and Monmouth, and members of the Press, then moved on its course down to the basement of the prison, into the yard, and to the gallows, which had been erected in the rear of the south wing of the prison. Brooks walked with a firm step and displayed no apparent trepidation. The gallows (which was the same that Philip Lynch was executed upon) was surrounded by the Union Guards, Capt. Laumaster, of this place(Mount Holly), in the form of a hollow square. Behind "The Guards," were collected some six or seven hundred people.--The prisoner took his position on the platform under the gallows, at twenty minutes past twelve o'clock. Immediately around the gallows, were the constables of the County, with their staffs. The Sheriff stood on the platform beside the prisoner, and in the open spaces in front, were seated his spiritual advisers, physicians, and members of the press. The Sheriff then asked Brooks if he had anything to say. He proceeded to speak in a voice slightly tremulous, nearly as follows: "I stand here upon this platform to be executed for the murder of my father. I have beeen led to this dreadful crime by Timothy Ridgway. He is the guilty man of this murder. According to what the witnesses brought in against me at the Court House, I struck the first blow. I acknowledge it; and that is all I done. Tim Ridgway was at the corner of the lot when I come up. I was drunk. He gave me the club and I knocked my father down and Tim put him out of the way. I have been urged ever since November, 1861, to do this deed. I have been urged by Tim and my mother both. Tim Ridgway is the one that should stand here to be executed. Tim and my mother have talked to me about this affair. Tim Ridgway has coaxed me all the time to kill my father. [He here reiterated his former statement about Ridgway advising him to leave home after the murder.] Since I was in that prison and had my trial, Tim Ridgway and I talked about this affair. Tim made me believe if I said I knew nothing about it, they would have to give me a new trial. He said there was no help for it. My mother used to write letters to me over and over again, and she has offered me fifty dollars to say she had nothing to do with it. Tim told me to say I was put up by Geo. Hulme and Sheriff Leeds to say what I did before I got back to New Jersey. Tim Ridgway and my mother are the very ones who should stand here--and if justice was done they would suffer instead of me. They are two guilty rogues, or rascals, or whatever else you may call them, who should stand in my place to-day. I know that Tim Ridgway and my mother have talked a long time about killing my father. My mother has tormented my father for years. She has been to fortune-tellers and believes everything they say.--She believes in witchcraft too. She used to cut pieces off of my father's coat, and cut off his hair. I never knew what it was done for, I never heard her say." The prisoner here made a pause, and the Sheriff asked him if he had said all he wished to. He replied "I guess so."
The Rev. Mr. Lawrence then advanced to the platform and read the fifty-first Psalm of David, after which he requested the condemned man to kneel, which he did, and the Reverend gentleman kneeling by his side, offered up a solemn and impressive prayer--those immediately surrounding the gallows, kneeling about him. During the prayer, Brooks was noticed to look intently for a moment or two upon the rope hanging above his head. At the conclusion of the prayer, Mr. Lawrence, Friend Doran, and a few others, shook hands with the prisoner--the Sheriff adjusted the noose and pulled the black cap over his face. He then stepped to the side of the platform, touched the treadle or lever with his foot and the guilty man hung suspended in the air. For a few seconds there was but little movement of the body, when it trembled and quivered for a few moments and then hung motionless. In a little over five minutes after the hanging, the pulse ceased to beat; the heart in thirteen minutes. After hanging about half an hour, the body was taken down and placed in a coffin, and shortly after conveyed in a hearse to Vincentown, where it was interred in the family lot in the Methodist Burial Ground. Sheriff Lippincott performed his sad and painful duty with firmness and self-possession and yet in a humane and feeling manner. Being enquired of just previous to the execution, in reference to his feelings in view of the duty he had to discharge, he expressed his sorrow for the young man--and added the appropriate remark: "The Sheriff of the County is to be his Executioner--not William C. Lippincott."
SKETCH OF BROOKS
Brooks was born at Vincentown, and at the time of his death, was not quite twenty-three years of age. He was a stout, compactly-built man, about five feet six inches in height, and weighed according to his own account, as high as 165 pounds. He had bright eyes, a ruddy complexion, and his whole appearance was that of one who enjoyed excellent health. He had received a pretty good common-school education, wrote a plain hand, and spelled with general correctness. He usually worked as a farm-hand, but at one time, owned a team of horses and was engaged in carting straw to Philadelphia. Of a pliable disposition, and easily influenced, he appears to have fallen victim to bad company, vicious and depraved habits, long indulged--a bad parental example on one hand, and the absence of proper parental restraint on the other. Although he acted throughout his imprisonment and up to the moment of his execution, in a manner evincing in the eyes of casual observers, the most unfeeling levity and indifference to his fate, yet his spiritual advisers who had observed him closely for weeks, thought they could see in him some signs of penitence, just before his execution. He occasionally read the Scriptures, and on one occasion was found perusing attentively a particular chapter of the Bible, which had been recommended to his attention. The Sheriff also thought his spirit much broken on the morning of the execution.
The following verses copied by the unfortunate young man from books or papers in his possession, and altered in several places to suit his own case, induce the belief that his constant cheerfulness of manner in the presence of others, was in some degree forced, and that in the solitude of his cell he had some moments of penitence and remorse.
THE ROAD THAT LEADS TO DESTRUCTION.
Stay, mortal sty, nor heeless thus / Thy sure destruction seal. / Within that cup there lurks a curse, / Which all who drink shall feel. / Disease and death for ever nigh, / Stand ready at the door, / And eager wait to hear the cry / Of give me one glass more. // Go view this prisoner's gloomy cell, / My sin and misery scan; / Gaze, gaze, upon these earthly hells-- / In drinking, my woes began. / Were yonder children, bathed in tears, / Asked why is father poor, / They'd whisper in thy startled ears, / 'Twas father's one glass more. // Stay mortal stay, repent, return. / Reflect upon my fate. / The poisonous draught forever spurn, / Oh! spurn! before it is too late. / Do not fly to the horrid hotel then, / Nor linger at the door, / Lest you perchance should sip again / The treachorous one glass more.
UNDER THE FEELINGS OF DEATH.
The damps of earth are on my brow, the chill is in my heart, / My blood has almost ceased to flow, my hopes of life depart; / The valley and the shadow before me open wide, / But Thou, oh Lord, e'en there, will be my guardian and my guide, / For what is pain if Thou art nigh, its bitterness to quell, / And where death's boasted victory, his last triumphant spell. / Oh, Saviour, in that hour, when mortal strength is nought, / When nature's agony comes on and every anguished thought / Springs in the breaking heart, / a source of darkest woe, / Be nigh unto my soul nor permit the floods o'erflow. / To Thee--to Thee alone, dare I raise my dying eyes, / Thou did'st for all atone, by Thy wondrous sacrifice. / Oh! in Thy mercy's richness extend thy smiles on me, / And let my soul outspeak Thy praise, throughout eternity. / Death is now certainly near at hand, but my sentiments remain unchanged. / Why should we mourn departed friends, or shake at death's alarm, Death's but the servant Jesus sends, to call them to his arms.
In 1893, the Mirror recounted the execution of Brooks once again, adding a few more details:
Charles Brooks was the next one. On March 12th, 1863, he killed his father, near Vincentown, with a club. He fled, was captured, and then made a confession in which he implicated his mother, Keturah Brooks, and his brother-in-law, Timothy Ridgway. He was tried and convicted mainly upon the evidence of two persons whom he charged with being participators in the crime.-- They were also indicted and tried, but both were acquitted. He was executed on Friday, December 11th, 1863. The same gallows were used upon which Lynch expiated his crime. Up on the gallows, after prayer by Rev. R. V. Lawrence and William Doran of the Society of Friends, Brooks made a short address in which he insisted that he was urged to commit the crime by his mother and brother-in-law, that they had been at him for two years to commit the deed. He admitted felling the old man with the club, but his mother and Ridgway finished him. He said they should be upon the scaffold instead of him. Brooks was born at Vincentown and was not quite 23 years old when he paid the penalty. It was thought he was of weak mind. Over 700 people witnessed the execution, besides the two military organizations that were present when Lynch was executed. The Sheriff was William C. Lippincott. As he was about to cut the rope he said, "The Sheriff of the county is his executioner--not William C. Lippincott." Barclay Peak was convicted of murder in the first degree for killing Katie Anderson, and sentenced to be hanged, but he secured a new trial and pleading guilty to murder in the second degree was sentenced to 20 years in State prison. Nearly thirty years have elapsed since the last execution took place in this county(Burlington County, New Jersey), the preparations for Warner's hanging will of necessity be complete, requiring everything to be prepared new, as none of the old paraphernalia in existence is fit to use.
NOTES:
Regarding the various names mentioned throughout the story above, I have attempted to find out as much as I can about each person and present it below.
Tim Ridgway I have not found his census entry yet...he was apparently NOT living with Barzillai McIntyre in 1860. Job Brooks:
Job Brook's census entry:
In 1860, Job Brooks was 45 years old and working as a shoemaker in Southampton Township. His wife was listed as "Kitty Ann", age 47. Their daughter, Sarah Ann, was 16, so it appears she married Ridgway sometime between 1860 and 1863. (In fact, the New Jersey Mirror announced their wedding on 20 Mar 1862: "On the 9th instant(March, 1862), by Rev. I. D. King, Mr. Timothy Ridgway to Miss Sarah A. Brooks, both of Vincentown."
Regarding the jury, this is what I was able to find out about each of them:
Daniel Gibbs: In 1860, he lived in Pemberton Township. At the time of the trial,he was about 28 years old. In 1860, he worked as a merchant. He was married to Mary E. Gibbs, and had a son, Benjamin Gibbs, who would have been around 4 at the time of the trial.
In 1870, he and Mary still lived in Pemberton. He was in the 'retail dry goods' business at that time. Benjamin was still with them, now aged 11; another son, Stacy William Gibbs, lived there, age 8 (which means he was born very close to the time of the trial--Mary may well have been pregnant during the trial.) They also had a four year old daughter, Laura, and a 20 year old domestic servant.
In 1880, the Gibbs were still in Pemberton: Daniel, Mary, Benjamin (now a clerk in his father' store), Stacy W., (18 years old and attending school), Laura (now 13, and in school), and daughter Bertha, 7, and Daniel, 1. Martha Singleton, age 22, was there domestic servant.
Albert Middleton: In 1860, he lived in Lumberton Township. He was married to Ann P. Middleton. At the time of the trial Albert was around 46, his wife around 43. Their daughter, Emma, would have been about 17 and son Walter would have been around 15. At the time of the 1860 census, Albert was employed as a carpenter.
Joseph G. Lee: At the time of the trial, he would have been about 31, as was his wife, Caroline E. At the time of the 1860 census, Joseph worked in Pemberton as a blacksmith.
Joel Mount: I found him on the 1860 census in Springfield Township, working as a cabinetmaker. At the time of the trial, he was about 53, and his wife, Mary, about 50. In 1860, their daughter Anna, age 22, lived at home and worked as a dressmaker.
Joseph N. Gibbs: In 1860, he was a master carpenter in Springfield Township. He would have been about 24 at the time of the trial; his wife, Hannah would be about 22. At that time, their daughter Josephine was probably about 3. In 1860 an apprentice carpenter, Montgomery Page, 18, lived with the family.
Franklin Antrim: At the time of the murders, Franklin was a farmer in Southampton Township; he was 36, and his wife, Elizabeth, about 25. In 1860, a number of people lived with the Antrims: Geo. W. Curlis, 34; Coffin W. Albertson, 17; and Catherine Bowker, 35.
Regarding some of the other players in this drama, I have thus far learned tidbits about some of them as well:
Arthur Haines: According to the 1860 census, Mr.Haines lived next door to (or across from?) the victim, Job Brooks. Haines was 58 in 1860, and worked as a tanner. He was married to 50 year old Hannah, and a boy named Stacy F. Haines, 21, also lived there, presumably their son. If the census is to be believed, he had one of the most valuable properties in the township at nearly $10,000 (compared with the $800 value listed for Job Brooks' property). In 1860, a 20 year old woman named Mary Ann Taylor lived with the Haines, as did Thos. B. Bennett, 33, Anna L. Moore, 11, and Mo. W. Wnderson, 10. Their relation to Mr. Haines is not clear.
About five years before the trial, the Haines had lost one of their children, according to the 14 Oct 1858 Mirror:
On the 5th instant(October 5, 1858), in the 17th year of her age, RACHEL R. HAINES, daughter of Arthur H. and Hannah E. Haines, of Vincentown. Sad indeed it is to us, to record the death of one so lately among us, in all the bloom of health and youth. To speak of her loveliness of character, and of her sterling virtues, would seem unnecessary. "To know her, was to love her--to name her was to praise." Unsearchable are the ways of the Almight Father of the Universe. This only and beloved daughter, snatched away from all that seemed to make life desirable, at a time when her devoted parents had begun to realize that they had not bestowed labour upon her in vain, is another call to us, to set not our affections upon things on the earth. Yet, we would say to her sorrowing relatives and friends. "Mourn no as those that have no hope." But would offer to them the words of "Christ the Resurrection and the Life." "The mind is not dead, but sleepeth." A. B. Vincentown, Oct. 11, 1858.
Hannah died two years after the trial, in June of 1865 according to her obit in the Mirror. Arthur would live on until 6 Aug 1869, when he died at Vincentown.
Mark Venable: He shows up on the 1860 census for Southampton Township. He was 32, then, so he was around 34 when he came upon the body of Job Brooks that spring morning. Mark worked as a tanner, and he was married to Martha, who was younger than he by five years. They had a son, John, who would have been about ten at the time of the trial. In 1860, a woman named Hannah Powell, age 47, lived with Mark and his wife. She worked as a seamstress.
James Lippincott: In 1860, he lived with a large family in Southampton Twp where he worked as a 'master farmer'. He was 35 in 1860, and his wife, Mary Ann, was 31. They had a number of children:
Sarah Ann Lippincott, 13
Abigail Lippincott, 11
Susan Lippincott, 9
Ellen Lippincott, 7
Julia Lippincott, 4
James Lippincott, 2
Anna Lippincott, 7 mos.
Also in the home was a 54 year old woman named Rebecca Wright, and an 80 year old man (his father?) named Samuel Lippincott, aged 80. There were also a few individuals who may not have been related, but it's not clear who they were:
Elias Rogers, age 20
John Wickwood, age 17
Isaac Nixon, age 12
Esther Rogers, age 15
Jacob Seeds: There was a 54 year old farmer in Pemberton on the 1860 Census, but it's not possible to know if this is the same man referred to. I have thus far found no other man by that name, though at the time of the murder he would have been 56, which seems a bit young to refer to as an 'old man', but not impossible.
Samuel Norcross: Samuel Norcross lived in Southampton Twp in 1860, though he was not an immediate neighbor to the victim. In 1860, he was a 'master farmer', at 37 years old. His wife, Mary Ann, was 34. They had 5 children: Joseph Norcross, 14; Mary Anna Norcross, 12; Samuel B. Norcross, 9;Henry W. Norcross, 7;and Sarah E. Norcross, 5.
Barzillai McIntyre: In 1860, he lived next door to Rebecca White, one of the women Job Brooks was supposedly 'going after'. It was in McIntyre's house that Timothy Ridgway was said to be living in 1863 when the murders happened. In 1860, McIntyre was 33 years old and worked as a teamster. He lived with Nancy, 21, Alexander McIntyre, 8, and Anna McIntyre, 4, and one month old Sallie A. McIntyre. He lived just a few houses up the road from Mark Venable. In 1863, Ridgeway was not to be found in his home (or anywhere else on the census). (Actually, the family name is most likely McIntosh--it's spelled that way in most of the court records and the census, it's most likley a reporter's error that initially referred to him as McIntyre).
Alexander Elwell: On the 1860 census, the physician who would examine Job's dead body in 1863 lived just three houses away from Mr. Brooks. He first arrived in Vincentown in 1847, according to an ad he took out in the Mirror on May 27, 1847 announcing his practice:
"Dr. Alexander Elwell, takes this method of informing the citizens of Vincentown and vicinity that he has located at the above name place, and will at all times be ready to attend to calls. Office at the residence of J. G. Prickitt, Esq., Vincentown.".
At the time of the murder, Dr. Elwell was about 37. He lived with Lydia Elwell, 7 years younger than he. (Their marriage was announced in the Mirror on 20 Feb 1851:"On Wednesday evening, the 12th instant(February, 1851), by Rev. George Hughes, Dr. ALEXANDER ELWELL, of Vincentown, to Miss LYDIA B. ROGERS, of Mount Holly. We received some delicious cake from the happy pair, for which they will please accept our thanks. May their "journey of life" be of the most pleasant nature, and not a cloud appear to dim the brightness of their matrimonial sky.") There were two children, Margaret and Japhet Haines, 14 and 13 in 1860. Perhaps they were children from a prior marriage of Lydia's? She would have to have been about 14 or15 when she bore Margaret, which seems unlikely, but it's not clear who they are or how they are related to the Elwells. The same is true of 7 year old Anna Clement, who also lived with the Elwell family in 1860.
The doctor lived in the area for many years after the trial, as his obituary in the Mirror of 23 Jan 1889 attests to:
"Near Ewansville, January 19th, 1889, Dr. Alexander Elwell, of Vincentown, aged 65 years".
Samuel Woolston: Woolston, the other physician mentioned in the article, was also a Southampton relative, though he lived quite a ways down the census from Brooks and Elwell. (According to an 1876 map of Vincentown, he actually lived two doors down from Elwell on Mill Street. Whether that was the case in 1863 is unknown, but their census entries are quite a few pages away from one another on the 1860 census.)He was well off, with $6000 worth of real estate, a piece of property more than 7 times the property Brooks was supposedly murdered for. In 1860, Woolston was 55, and his wife, Anna, was 56. They had a number of children with them as well: Sarah, age 29, and Louisa, age 17. There was also 16 year old Charles Brown and 15 year old Kitturah Minnie, as well as a 65 year old woman named Sarah A. Kempton.
Photos of Samuel Woolston's home as it appeared in 1876, and at a later but unspecified date.
According to Woodward and Hagerman, writing in 1883:
" Dr. Samuel Woolston, who deceased aged over seventy years, deserves more than a passing notice. Born upon a farm, he early developed great mechanical and scientific skill, and finally studied medicine and became one of the finest and most successful practitioners of his profession. Imbibing, however, such a strong desire for invention, he spent his vast earnings and handsome competency in many patents, many of which have become important, but not through his hands. Being of a confiding disposition, he showed his works to all, and some of his auditors, borrowing his ideas, profited largely by his genius. In church matters he took a great interest, and aided largely in establishing both the Methodist Episcopal and Protestant Episcopal Churches. He died honored and beloved by all"
Thomas Gaskill There were two Thomas Gaskills in Southampton Township in 1860; one was a farmer,and one was a constable. It seems likely that the former is who they were referring to, as it doesn't seem likely one would attempt to use the constable as part of an alibi, but that's just speculation. Both homes were far enough away from the Brooks residence to be possible candidates.
Ephraim Farr: He lived in Southampton Twp in 1860, when he was 27. Eprhaim was an Irish immigrant, and he worked as a laborer in an unknown industry. He was married to Hannah Farr, 25 (also an Irish immigrant), and they had children Robert Farr (5) and George Farr (2). As both children were born in New Jersey, we know that Ephraim and wife presumably immigrated sometime prior to 1855.
Rebecca White: In 1860, she lived in the same home (though listed as a different family #) as 78 year old Anna Jones. Rebecca herself was 51, and had children Mary White (19) and Sallie A. White (15). Presumably she was a widow, as no husband is listed with her, and she claimed to own real estate worth $100. Of note also is that she lived next door to Barzillai McIntosh, in whose home Timothy Ridgway would come to live by 1863.
Franklin Hilliard: He ran a drug store in Vincentown. More info on his store can be found at this site
John Irick: He lived in Vincentown at a home called Locust Hill, on Retreat Road. A nice photo from the approximate time period of the trial can be seen here. According to that site, John S. Irick (also called General Irick) at one point ran an applejack distillery in Vincentown, on the site that would become the Water Company in 1896.
In 1883, Woodward and Hagerman described him thusly:
"Among the other leading citizens who deserve mention here is Gen. John S. Irick. To his efforts in a great measure are the citizens of Vincentown mainly indebted for their extensive public improvements. He is president of the railroad, the Marl Company, and the First National Bank. He is now seventy years of age, and apparently still in the prime of life, attending closely to his business affairs and taking great interest in all public matters. He was thrice elected to the Legislature, and during the Rebellion of 1861 was an earnest Unionist, and rendered valuable assistance to Governors Olden and Parker. His father was Gen. William Irick (1st), who was also a leading man of his day, being a surveyor and general business man of the neighborhood. He was elected several times to the Council of New Jersey, and held many local positions of honor, among which was president of the old Farmers’ Bank of Mount Holly, and president of the Board of Council of Proprietors of West New Jersey. Early manifesting a military taste, he joined the military organization of the State, and became a major-general of militia. During the war of 1812 he was ordered to Fort Byllinge, where he assumed command; but the was soon closed, and he was not called into active service."
Irick had a brother, General William Irick, who, according to Hagerman and Woodward:
"..followed in the footsteps of his father, and became a man of business; elected to the Council of New Jersey; a candidate for Congress (being defeated by Hon. George Sykes); president of the Burlington County Bank at Medford; besides holding many other important trusts. He died in 1865, at the close of the Rebellion, and the greatest regret of his life was that his feeble health prevented him from taking an active part in defense of his common country. But he did the next best thing, by loaning a portion of his ample fortune to the general government. It is said of Gen. William Irick that he never said no to a friend in distress. He died leaving four daughters, all married, and one son, William John Irick, who now owns the greater part of the Indian lands spoken of in this history."
John Irick's son, Henry, is also mentioned by Woodward:
"Hon. Henry J. Irick, eldest son of Gen. John S. Irick, inheriting the love of public life from his ancestors, is among those who take a lively interest in all public matters. He is a surveyor and general business man of the township, and treasurer of the Railroad and Marl Company. In the fall of 1861 he was elected to the State Legislature, and twice successively re-elected, taking an active and earnest part in the great interests then taking place. In the fall of 1867 he was the candidate of the Republicans of this county for State senator. Though running largely ahead of his ticket, under the banner of universal suffrage, he was defeated by Hon. Job H. Gaskill. In 1870, he was again the Republican candidate for State senator, and triumphantly elected."
John Irick was also a charter member of the Burlington County Timber Protective Company, organized in Apr 1880 at Mt. Holly. The objects of this society are the detecting and arresting of timber-thieves, and the prosecution of those buying stole timber, logs, wood, rails, posts, lumber, herbage, and cranberry vines, ferreting out and arresting incendiaries of pine and cedar timber, wood, and lumber. Its necessity arose from the immense losses incurred each year from the depredation of thieves and incendiaries in the forests of Burlington and adjoining counties, and it has resulted in largely protecting the property of its members, which own a large portion of what are called the pine lands of New Jersey.
His brother, William, and son, Henry, were also members.
The murder must have been quite sensational--quite a bit of newspaper coverage was devoted to it. Prison statistics for Burlington County in 1863, quoted in the New Jersey Mirror, indicate that there was no one else arrested for murder in the county that year.
John D. Thompson's obituary in the New Jersey Mirror of 30 Apr 1890 says he was born at Quaker Bridge, around 1807 or so:
"At Tuckerton, February 28, 1890, John D. Thompson, Esq., in his 83d year. The deceased had been for many years closely identified with the interests of the sea-shore section of Burlington County, having lived the greater part of his life at Tuckerton. He was born at Quaker Bridge, in Washington township, in the year 1807, and at the time of his death was within a few weeks of completing his eighty-third year. He removed to Tuckerton while a young man and became proprietor of the stage line between that place and Philadelphia, and soon after married Sarah Bartlett, a daughter of Nathan Bartlett, of Tuckerton, who was a highly respected member of the Society of Friends...."
Unless otherwise noted, the articles are from the New Jersey Mirror.
19 Mar 1863:
The murder of Job Brooks, near Vincentown, continues to create considerable excitement in the neighborhood, and the citizens are making every effort to bring the murderer to justice. [note: according to this site, his body was discovered on March 9th]. There is no doubt but that the unfortunate man was knocked down with a stick of wood and then stabbed with a sharp instrument, most probably a dirk.--The stick of wood with which he was felled to the ground, it is believed, has been found near his own wood pile, but the dirk has not yet been discovered. Robbery could not have been the motive of the villain, as the money, watch, &c., that Mr. Brooks had about him, were left untouched. When the hellish deed had been accomplished, the victim was dragged to the ditch and tumbled in. So cold-blooded and inhuman a crime, is seldom committed, and it is the sincere wish of every one that the perpetrator may be speedily detected. Mr. Brooks was a reasonably temperate man, of a kind and amiable disposition, always meeting his friends with the same pleasant countenance and cheerful salutation, and he was the last one who it was thought would fall by the murderer's hand. He had worked for Mr. Arthur Haines, in Vincentown, about 35 years. The Coroner's Jury had a second session on Monday, and did not conclude their labors until one o'clock, Tuesday morning.--The substance of their verdict is, that Mr. Brooks came to his death at the hands of some person or persons unknown, but that the evidence points strongly to a member, or members, of the family, as the guilty party. We learn that the son has left the neighborhood.
March 26, 1863:
Nothing further has been elicited in reference to the murder, near Vincentown.--Charles Brooks, son of the deceased, a young man about 21 years of age, and upon whom suspicion rests as being guilty of the awful crime, left the neighborhood on Sunday night week. He reached Ellisburg about daylight, where he stopped at the hotel, called for a drink and his breakfast, and afterward started towards Camden. The bar-tender was struck with his somehow agitated and uneasy appearance, and asked him his name. When he gave it as Charles Brooks, he was asked if he was a relative of Job Brooks, recently killed near Vincentown. He replied that he was not. Although well acquainted with him, he was of an entirely different family. Since that time, nothing has been heard of the young man--and the whole affair is still wrapped in mystery. It is hoped that some revelations will yet be made which will lead to the detection of the murderer.
Apr 2, 1863:
It having been ascertained that Charles Brooks, (who is suspected of being concerned in the murder of his father, near Vincentown,) had gone to Salem, Ohio, where some of his relatives reside, Sheriff Leeds, accompanied by Mr. George Hulme, started for that vicinity, on Saturday. On Monday, a telegraphic despatch was received from him, stating that he had arrrested Brooks near the town of Salem, and giving orders for the immediate arrest of Timothy Ridgway, Brooks' brother-in-law. The information was sent to Joseph L. Warren, Constable of Southampton, who at once arrested Ridgway, brought him to Mt. Holly, and lodged him in Jail, arriving here about 8 o'clock, Monday evening.
BROOKS BROUGHT TO MOUNT HOLLY--HE CONFESSES THAT HIMSELF AND RIDGWAY KILLED HIS FATHER.
--Sheriff Leeds arrived in Mount Holly, on Tuesday morning, with Brooks, and he is now safely lodged in Jail. He was arrested near Salem, Ohio, on Monday morning. He was engaged "blowing the bellows" in a blacksmith shop, where he had been at work for some days. When taken to the hotel in Salem, previous to starting for Mount Holly, Brooks voluntarily made a confession of the dreadful deed, which is in substance as follows: He stated that for six months or more, Timothy Ridgway had been urging him to help him kill his father--that he said the old man was only a trouble to them, and if they got him out of the way, they could have the property to themselves. He always refused, but Ridgway constantly persisting in his purpose, he finally consented to his plans.--On the Sunday night, they followed him home from meeting, and when a short distance from the house, he was nearest his father, and Ridgway not far behind him, and according to the plan agreed upn, he knocked his father down with a stick of wood and Ridgway immediately came up and cut his throat, and threw him into the ditch. The stick of wood he picked up from a wood-pile in or near Vincentown, and carried it with him, concealing it as much as possible from view. He says that as soon as he knocked his father down, he ran into the house and went to bed, but could not sleep. Ridgway, he states, called to him as he ran, but he paid no attention to him. At the Coroner's Inquest, we understand that two women, who were going home that night, on the same road where the murder was committed, testified to hearing some one call, "Brooksey, Brooksey!" We learn that Brooks told his story to the crowd in the hotel, in Salem, in a careless and indifferent manner, as though it was a matter of little importance, and seeming not to realize his dreadful situation. Since his incarceration in our Jail, he does not appear to be much distressed, but says he expects there is "trouble for him." Ridgway, who is yet ignorant of the arrest of Brooks and of the confession, says that he does not see what he was arrested for, and that it is hard to be put in Jail for nothing--that he is entirely ignorant of any connection with the murder, and can prove himself clear of it. The arrest and confession of Brooks, has caused great excitement, particularly in Vincentown and vicinity, and (the crime being so horrible in its nature,) many are asking the questions: "can it be true ?" "can the disclosures be substantiated by other testimony ?" "can it be made to appear beyond a doubt, that the poor old man was murdered by his own son and son-in-law, and if so, are there not others who have some knowledge of the dreadful deed ?" The matter will come before the next term of the Court, and whatever corroborative testimony there may be, will then be brought out. All of course are anxious that the truth should be made known, so that the guilty alone shall suffer.
Apr 9, 1863:
The final examination of Charles Brooks and Timothy Ridgway, charged with the murder of Job Brooks, near Vincentown, took place in the prison, on Thursday morning, before Justice Holeman. Mr. Hutchinson, the Prosecuting Attorney, was present. Mr. George Hulme, who accompanied the Sherriff to Salem, Ohio, for the purpose of arresting Brooks, made the following statement:
STATEMENT OF MR. HULME
"I went with Sheriff Leeds to Salem, Ohio, for the purpose of arresting Charles Brooks. We arrived at Salem, on Monday morning, March 30th, at 6 o'clock. We learned that Brooks was employed in a blacksmith shop, three miles from the town, and passed under the name of Lippincott.--We procured a Constable, also a son of Franklin Hilliard, who knew Brooks and had played with him, when they were boys, in Vincentown. I left the Sheriff in Salem, and proceeded with the constable and young Hilliard to where Brooks worked. We found him in the shop at work. The constable immediately arrested him. He asked what we wanted him for. I told him to go back to Jersey with us. Young Hilliard spoke to him and called him Charley, and Brooks turned round and recognized him. I remarked to him, "Charley, you have two names." He made no reply. I said, "you call yourself Lippincott here." He replied, "yes, for I have such a fuss over there. I thought they wouldn't know me if I called myself Lippincott." We took Brooks back to Salem, at once. On our way, I asked him why he left. He said everybody accused him of killing his father, or knowing all about it. That he thought he had better leave for awhile. I said to him that he had told two drovers in the cars, that his name was Brooks, but that he was going to call himself Lippincott, in Ohio, because he was accused of killing his father--but that he didn't know anything about it. I then commenced a conversation with him upon the importance of relying upon the truth and adhering to it, and that the community suspected him of being concerned in the murder, but believed there were others who knew as much about it as he did. He remarked, "that's so," and then said, "Mr. Hulme, I'll tell you all about it--I can't keep it any longer." His first remark, was, "I'm the boy that done it." He then added, I struck the first blow. I hit him but once. I threw the stick of wood down, started and ran home and went to bed--but Tim finished the old man." I said, "who do you call Tim."--"Why," said he, "Tim Ridgway, my brother-in-law." I then asked him how he came to do such a thing. His reply was, that Tim had been at him for six months to do it--and then said, do you remember when the 23rd regiment was at Beverly. It was a month before that, that he first proposed getting rid of the old man--that he has never met him since, by themselves, that he has not broached the subject, and he never gave him any peace, when they were together. He said he was at Tim's house that Sunday afternoon, and when he started to go home, Ridgway followed him out. When by themselves, he told Ridgway that he had hired out to old Jacob Seeds, for a year.--Ridgway replied to him, "then Charley, you must do that thing to-night." He told him he didn't want to do it. They finally agreed to meet that night and do it. He met the old man going home. He walked with him a little ways, then stepped behind him, struck him but once, dropped his club and ran, and that Tim finished him. I then asked him, "Charley, how could the old man have got to the ditch." He replied, "I don't know, without Tim threw him there, for I didn't touch him." I then said his throat was cut, also. "Then," said he, "Tim done it, as I did not stop a minute. I was so scared I ran immediately home."--I then asked him what Tim's motive was to get rid of the old man. His reply was, to get the property--as he said they could live there to suit themselves. I asked him if his mother knew anything about this. He answered, "Not that I know of. If she did, it was through Tim. She never opened her lips to me about it." We then arrived in Salem. I told him that he would have to tell this story in Court. He said, "I'll stick to it," and added, "I feel better now than I have since it was done. I could not sleep day or night, and I could not keep it any longer." He asked "won't you take these bracelets off, they hurt me." (he was hand-cuffed.) I replied, "Charley, if I take them off, will you stick to me. Won't you run away."--He said, "I will stick to you. I will go anywhere with you."
The irons were then taken off, and he came on with us to Mount Holly, without any trouble.
CONFESSION OF CHARLES BROOKS.
Charles Brooks, the son of the deceased, was then brought in and examined, his statement being as follows:
"I have been coaxed and persuaded for the last six months, to kill my father, by Tim Ridgway, every time he could get, when we were by ourselves. I am going to tell the truth about it, if it brings me to the gallows before to-morrow night. I was at Tim's house on the afternoon of the murder, and we both went to Samuel Norcross', and staid there to supper. We returned about six o'clock. I came to father's house and Tim went home. I told Tim that I had hired out to old Jacob Seeds, and was going to work for him on Monday. He then said, "are you going to do what I want you to do." I told him I didn't want to. He said I had better, because I would be the last one that would be judged for it. On our way home, Tim wanted me to agree to kill my father that night. I told him I wouldn't do it. He said it would be the best thing, as nobody would suspect me. He said if I would agree to do it, he would meet me at the end of father's lot, and didn't want to do it. He said the best way was to take a club and knock him down for there would be no reports. I went to meeting that night, and had no thought of killing father. On my way home, father overtook me, near William Doron's. I had a stick of wood in my hands, but did not expect to use it, when I got it. We walked together about a hundred yards, when father said there was some one coming. I looked back and saw some one I believed to be Tim. He was about twenty-five yards behind. When we got near the spot where Tim said he would be, I struck father the blow. I got the stick from Dr. Woolston's wood-pile. After I struck father, I started and ran home, and it was hard work to get there. I was so weak and frightened I could hardly get in the house. Father did not speak after I struck him. I left him lying on the ground. I saw Tim, or some one that looked like him, coming up as I left. He called to me and said, either Charley or Brooksey, I don't know which, but I did not stop. I knew it was Tim's voice. It was the place where we were to meet. Before I struck the blow, I looked arond to see if Tim was close by. No one was in the house but mother. It was about nine o'clock when I got in. I looked at the clock. Tim and me have had no conversation about it since. I was at Tim's house on Sunday morning before I left, and he said I had better go away, as I was in danger of being put in prison. I told him I had no money to go with. He said mother had some money. I told him she would want it worse than I would, and he said if she would give it to me, he would see that she did not want for anything. I got the money from mother. He told me to put on my drab clothes, and come up and let Barzillai McIntyre (who lives in the same house with Ridgway) see what clothes I had on, and then go back and change them, and clear out. He said if I changed my clothes, I could not be described. I did as he directed, and left. Tim said he would look out for himself, that he had been on three or four trials and was posted, and knew how to handle himself. Tim said, get father out of the way, and he could then move in the house, and have no rent to pay, and live easier than he had done. He would trade father's cow for a horse, and he could have a team of his own and cart to the Shore. Brooks having made his statement, he was taken back to his cell, and Timothy Ridgway, his brother-in-law, was brought in.--He was told that he stood charged with being connected with the murder of Job Brooks, and that previous to any examination of him, if he wished to send for counsel, he could have the privilege of doing so. He said that he did not think it necessary, and was ready to answer any questions and give all the information he could in the matter--that he was entirely innocent, and knew nothing of the murder. His statement is as follows:
TIMOTHY RIDGWAY'S STATEMENT.
"I only know that Mrs. Brooks, the mother of Charles Brooks, said she was afraid it was Charles who had committed the murder --that he had said his will was good enough, if he only dare. This she said on the 29th of March. I don't know whether she had any grounds for such suspicion. I only know what she said. I do not know where Charles is. I have heard he went West. Do not know to what place. I did not furnish him with any clothing before he left. He did not say anything to me about going away. The evening of the murder, Charles and myself left Samuel Norcross', where we had both been to supper. We started for home about sundown. Afterwards, myself and wife went to the residence of Job Brooks, and finding the house fastened, concluded to go to meeting in Vincentown--and as we were going, met my wife's mother, and we returned to her home, and remained there until about twenty minutes of 9 o'clock, when we went to my own house. That is all I can tell about it. "
Ridgway was then told that Brooks had been arrested and was in prison--that he had made a confession of the whole affair, and charge him (Ridgway) with assisting in the murder. Ridgway quickly said:--"That is very strange. I cannot see how Charley can accuse me of it, as I know nothing at all about it." It was undoubtedly a great surprise to him, yet he maintained his composure to a remarkable degree. Brooks was again brought in, and the two were face to face. It was a strange, sad meeting. One accusing the other of persistently urging him, for more than six months, to kill his father, telling him, as he said, that he would see him through. Brooks was seated fronting Ridgway, and within a few feet of him. The former, as he sat down, turned his eyes to the floor, but in a few seconds raised them, while the latter looked with a stern countenance upon his accuser, the pressure of his lips and a slight trembling of his frame, indicating a severe inward struggle--but for one in so dreadful a position, he was unusually self-possessed. The statement of Mr. Hulme was read to him, and afterwards the confession of Brooks. He listened with the deepest attention, never removing his eyes from the person reading, and seemed to be utterly astounded at the sudden and startling disclosures. At the close, Ridgway turned to Brooks and said: "Charley, how can you tell such a lie as that. You know there ain't a word of truth in it." "Brooks replied: "You know, Tim, that if it hadn't been for you, it wouldn't have happened." Ridgway said: "You know I never said a word to you about such a thing, and why would I want to kill the old man. It would do me no good. "Why, to get the property," replied Brooks. "You know," he continued, "that you wanted it done in the fall, so that things could be settled up by Spring, and you move in the house then." Ridgway said: "why, when I could live there for $20, do you think I would want to kill him, to get the property ?" [Ridgway then stated that his mother-in-law had for sometime wanted her daughter with her, and the old man had agreed to rent him part of the house for $20, and he had expected to move there the 25th of March.] Thus the two sat there, within a few feet of each other--Brooks positively charging Ridgway with constantly urging him to kill his father and that he would help him, while Ridgway as positively denied ever thinking of such a thing, and said that he never had any conversation with Brooks upon the subject. Ridgway was taken back to his cell, saying as he started, that it was too bad to have such a charge as that made against him, when he knew nothing about it. The remark was then made to Brooks that there was a great difference in their statements. "Ah," said Brooks, "he's sharp." He's(sic.) knows a good deal more than I do." They were both committed to await the action of the Grand Jury. The case is a terrible and singular one, and develops a state of things dreadful to contemplate. Brooks is about 21 years of age, and evidently a little weak-minded--one who looks as though he could be moulded to suit the purposes of another. He says he was not in his right mind that night, or he would not have done what he did--but that he was so worked up by Tim, he hardly knew what he was about. Ridgway, although having but little or no education, has considerable shrewdness, is quick of perception, and answers prompt and decided, all questions put to him, and we should judge, could not be easily thrown off his guard. He is quite a young man.
Apr 16, 1863:
On Wednesday last, in consequence of some statements made by Timothy Ridgway, in the prison, he was a second time examined before Justice Holeman, when he made the following statement.
STATEMENT OF TIMOTHY RIDGWAY
My wife and myself have always lived together very agreeable. On Sunday, March 29th, Mrs. Brooks, my mother-in-law, sent me to Thomas Gaskill's to see if he would call on her the next morning, as she wished to see him. After I went out of Gaskill's house, he also came out and we commenced to talk about Charles Brooks, and he remarked there was no bill brought against Charles Brooks as he knew of. Ephraim Farr told me two days before this conversation with Gaskill, that he heard Charles was out West at work. The evening I left Gaskill's house, I went to see my mother-in-law at her house, and related to her what Gaskill and Farr told me, and she seemed pleased that there was nothing against Charles, and that he was out West and at work. I went to the barn to feed the horse, and she followed me to the barn. I said to her I would like to know who did that deed (relating to the murder.) She replied she was afraid Charles did it. She had heard him say that his will was good, if he only dare. I told her I hoped they would learn who did it. She then told me to come to her. I went to her and she remarked, she would tell me, but for the world I must say nothing about it. I promised her I would never mention it. She then replied, if you ever name it, I will take from you all your goods, such as furniture that I gave you, and Sarah Ann shall not live with you. She further remarked that she would put the property out, and the money would keep herself and Sarah Ann. She then said, you know the night of the murder, when you and Sarah met me down by the Bridge. Charles and herself intended to catch her husband, Job Brooks, while on his way to meeting, but could not. She said that as soon as Sarah and myself left her house, after our return there, she started out and went down to the Bridge and waited there until Charles and his father came up from Church. She further said, her husband asked what she was doing there. She was afraid they would lay there and she would not get the eggs. He replied he thought it was a pretty time of night to be looking for her ducks--and as the father walked on, Charley stepped up behind him and knocked him down with a club. And she handed him (Charles) the knife and he stuck it in his throat and she helped carry him to the ditch. They both then started for home. She said that she done it, to stop him from going after Kesiah Garwood. [She said it was done with a knife that her husband fixed for her to stick chickens with, and a knife being produced, Ridgway states that it was the knife used by Mrs. Brooks, for the purpose above stated.] The reason I did not make the foregoing statement in my previous examination, was on account of my wife. Sometime ago, my mother-in-law accused the deceased with going after Kesiah Garwood, and he struck her. At another time she accused him of going after Rebecca White; he then threw a bowl of Tomatoes at her. Keturah Ann Brooks, widow of the murdered man, was arrested on Wednesday afternoon, and lodged in Jail. On Thursday morning, she had an examination in the Jail, before Justice Holeman. The Prosecuting Attorney, Mr. Hutchinson, being present. In reply to questions by the Justice and State's Attorney, she made, in substance, the following statement:
STATEMENT OF MRS. BROOKS
"On the evening of the murder, about dusk, between six and seven o'clock, I went down toward the bridge, on the road to Vincentown, after my ducks. As I was coming back home, I met my son-in-law, Timothy Ridgway, and his wife, going to meeting: I said I thought I wouldn't go, it was so dark and muddy; so they concluded to go back home with me; they did so; they staid at my house a little while and then went home; I think it was about 20 minutes past 8, when they left; that is all I know about them that evening; that is all I know about it anyhow."
The young man Brooks, and Ridgway, were brought in and Ridgway's last statement, implicating the woman as given above, read in the presence of them all. As soon as the Justice had finished the reading, Ridgway turned to his mother-in-law and said: "Mother ain't that true."--She immediately replied "No, Timothy, you know it ain't." Ridgway rejoined: "You know it is. It is true, so help me God!"--The woman then said: "I have always treated you with respect, Timothy, and how can you treat me this way ? You know I am innocent." Ridgway replied "You told me what I have said; how come you to do it ?" She answered: "It is not true. I wasn't outside the door after you went away. I went right to bed--and Charles came home soon after." Ridgway and the woman continued to talk for some time, he reiterating that what he had said, was true, and she denying it. At length, Brooks' statement was read.--When the Justice reached that portion of it in which Brooks says that Tim gave as a reason for wanting him to kill his father, that they could then enjoy the property; and that he (Ridgway) afterward told him he had been on several trials and knew how to take care of himself, Ridgway sneered and asked Brooks where those trials were. The young man replied "down to the shore."--Ridgway said "I never had any trials. I was never taken by a constable, till the other day." Brooks said "he didn't know about that, he only knew what he (Ridgway) told him." In reply to questions put to her by the Justice, Mrs. Brooks said: She never was jealous of her husband and never said she was. She had told him she thought it would look better for him to be at home with his family, than to be at the houses of other women. Even after the statement of young Brooks was read to his mother, she said she could not believe that Charles did the deed--he was always an affectionate child; she thought it was somebody out of the family, and alluded to two strange men who were said to have been seen in the neighborhood, on the night of the murder. Ridgway showed evident marks of mental suffering--and acted with much less self-possession than he did at the former examination.
30 Apr 1863:
They found three separate Indictments against Charles Brooks, Keturah Ann Brooks, and Timothy Ridgway, charging them with Murder in the First Degree, in killing Job Brooks, in the Township of Southampton, on the 8th of March last. The accused were brought into Court on Thursday afternoon, and the Indictments respectively read to them. Each pleaded Not Guilty; Brooks and Ridgway simply pronouncing the words in a firm voice, and Mrs. Brooks adding to her plea, the expression: "God only knows I ain't." They were then taken back to Jail. Brooks' trial was set down for Tuesday.
At the opening of the Court on Tuesday morning, at ten o'clock, the Court Room was crowded with persons desirous of hearing the trial of Charles Brooks, which had been set down for that time. Among the audience was quite a number of females. Some delay and embarassment was occasioned upon the case being moved, by the fact of its appearing that the prisoner was without counsel. The Attorney General, F. T. Frelinghuysen, Esq.--who appeared in behalf of the State, in conjunction with Mr. Hutchinson, Prosecutor of the Pleas--remarked that when the Prisoner was charged, last week, it was understood that he would have counsel. He himself alluded to the matter, and had been told that counsel would be duly obtained. Judge Elmer said he was certainly under the impression that such was the case. He then directed that an officer to(sic.) go for Hon. J. L. N. Stratton, who was not at the time in Court, and who, upon coming in and conferring with the Court, finally consented to undertake the defence of the Prisoner, if Hon. J. C. Ten Eyck would agree to assist him. Mr. Ten Eyck was then sent for. He appeared in Court, and the request of the Court that he should undertake the defence, associated with Mr. Stratton, being made known to him, he said the duty to which the Court desired to assign him, was a very solemn and embarassing one, under the circumstances. The counsel for the Prisoner would, in fact, be in some degree, responsible for the life of the accused. And he had, when called upon before, to act as counsel for the Defendant, declined, feeling the responsibility of the position, and feeling that as he had been somewhat out of practice for two or three years past, he could hardly be able to perform the duty in a manner satisfactory to himself, or in a way to do justice to the Defence. He always desired to do his whole duty to the Court and the Country, but under the circumstances of the case, he preferred that the Court would not insist upon his acting as counsel. Judge Elmer remarked in reply, that he could well appreciate the feelings of the counsel, having himself been placed in the same position. But the Court and Bar had their duties to perform and their responsibilities to assume, however onerous or disagreeable they might be. He greatly regretted that the prisoner's case stood as it did, but under the circumstances, he saw no other way than for the Court to insist upon the gentleman acting as one of the prisoner's Counsel. After some further conversation between the Court and Counsel, it was agreed that Messrs. Ten Eyck and Stratton should take charge of the Defence. As the general panel of Jurors was about being called, Mr. Ten Eyck arose and objected to the copy of the panel served upon the prisoner, as not being such a copy as the law required; the paper which he held in his hand, contained a number of names--he had not had time to count them, but he supposed there were about forty-eight. The paper was simply headed "Petit Jury, April Term, 1863." It was not signed by the Sheriff or other officer, and bore upon its face, no authenticity whatever. The Defendant was entitled to a properly authenticated copy of the list of Jurors, and could not, he believed, according to the ruling of the Courts, even waive his right, if so disposed. The Attorney General replied that a copy of the indictment had been duly served upon the Prisoner, accompanied by the list of Jurors. He must have known that was the list Jurors, by twelve of whom he was to be tried. He (Mr. Frelinghuysen) did not know that the law required that the list should not be drawn in any special form. Mr. Stratton spoke briefly in reply. The argument of the Attorney General was no answer to the objection raised by the Defence. They had no right to assume that the prisoner, ignorant as he was, knew that that the list served upon him, contained the names of the jurors by whom his case was to be tried, and from which he was expected to make his challenges. The paper did not set out whether the Jurors were Jurors in the Court of Common Pleas, Quarter Sessions, or other Court. It did not so much as contain the name of the county. The Court said the List was not in the regular and ordinary form; forty or fifty years ago, it would have been overruled; but the practice of the Courts was now different. Unless it was shown that the Defendant did not understand the List to be that from which the Jury was to be selected, the Court felt disposed to receive the panel; at the same time they did so with a good deal of hesitation. The general panel of Jurors was then called over. After some delay, the counsel for the Defence asked the indulgence of the Court, while they had time to look over the list and agree upon their challenges, and finally suggested that the Court adjourn for an hour or two, that they might have an opportunity to consult the law in reference to challenges, and otherwise prepare themselves to begin more understandingly the defence of the accused. Judge Elmer said that under the peculiar circumstances of the case, the Court could not refuse the request. The Court then adjourned until 2 o'clock, it being then about 11. Upon the reassembling of the Court the following named gentlemen were empanelled as the Jury in the case:
Daniel F. Gibbs
Albert Middleton
Joseph G. Lee
Joseph Wilson
Charles Hartman
Joel Mount
Samuel B. Hewlings
Joseph N. Gibbs
William Potts
Nathan L. Mulliner
Franklin Antrim
John F. Smith
The other jurors were discharged till Friday morning, at 10 o'clock. M. Hutchinson, Esq., then read to the Jury the Indictment against the prisoner, Charles Brooks, and proceeded to give a detailed statement of the facts in the case as they would appear on the part of the prosecution. The testimony on the part of the State was then proceeded with.
Mark Venable and William T. Jones testified to their attention being attracted as they were on their way from Medford to Vincentown, about noon on the 9th of March, by a hat in the ditch by the roadside, and to their afterwards finding the body of Job Brooks in the ditch.
Venable also testified to picking up the stick of wood produced in Court, and that he saw hair at one end of it and the nap of a coat (as he thought) upon it. About 30 feet from where the body laid, were a pool of blood and the mark of a head in the ground. The blood was about 9 feet from the corner of the deceased's lot, and about 30 feet from the body. It was about 15 or 18 feet from the corner of the fence to the ditch. There was a large quantity of blood in the ditch, under the head of the dec'd.
James Lippincott testified that he was a practical Surveyor, and that he made the map of the premises where the murder took place--produced in Court. Witness explained the map--pointing out the different localities, and stating the distances between them.
Alexander Elwell, M. D., testified to making a post-mortem examination of the body of deceased, in connection with Doctor Samuel Woolston. Found an incision on the left side of the neck, about an inch and a half long, or a little more, and close to two inches deep; the artery leading from the main artery of the heart to the brain, was severed about on a line with the angle of the lower jaw, on the left side; on the right side of the head and face, were wounds indicating the use of a club twice; the ear on that side, had at least two gashes in it; just behind these marks, were two little incisions as if of a sharp instrument. There was a wound on the right side of the head, above the ear, about an inch and three eighths in length; the skull there was depressed; the wound appeared to have been made with a club of some kind. The stick of wood produced in Court, was shown the witness. He could not tell positively whether such a club would produce such a wound or not. Thought the wound on the right side of the head, depressed the skull to the brain and was mortal, as was the wound on the left side of the neck; that back of the ear, was not.
Joseph B. Butterworth, affirmed:--Saw Defendant in Pemberton, the evening after the murder, about 7 o'clock; had a conversation with him; I said to him, Charley, do you know your father has been murdered ? he said, I have just heard of it;" I told him there were suspicions resting upon him; do not recollect that he said I, yes, or no, to that; asked him if he suspected any one himself; said he did not, unless it might be John Brooks, as he had been in the neighbourhood the day before--or the day but one, I think he said; advised him to go immediately home; he said he would as soon as he saw William Briggs and got a bottle of oil; I asked him where he was the night before; he replied he was at Church in the evening; asked him if any one was with him; he said not; also asked him if he went directly home after Church; he said he did--he was one of the first, I think he said the very first, to leave the Church; asked if he saw his father that night; he said he did not--he didn't know whether he was at Church, or not; he said he did not stop to speak to any one--he went directly home and to bed; I asked if he was aware his father did not get in the night before; he said his mother told him so; asked if he was not surprised at his father's not coming in; said he was not, as he was in the habit of staying out at nights; asked what places his father frequented--I had always understood he was a very temperate man; he said people didn't know him; he was in the habit of going to a certain place, to visit the wife of a soldier in the army--I don't recollect her name--both by day and by night; he had seen him, and seen him carrying provisions there. He spoke of his father's not treating his mother well. Witness further testified, in answer to questions by Defendant's Counsel, that Charles had worked for him, and had boarded at his house; that he had an opportunity of becoming pretty well acquainted with him, and that he considered him of rather weak mind. Allen Joyce, Sworn: --Was at Methodist church in Vincentown, the night of the murder; saw Charles and Job Brooks in the church, during the service; Charles sat in the middle aisle, about midway of the church, and Job over by the wall, on the right-hand side as you go in--pretty well back; saw the father come out--saw him after he came out; he was in church till it let out; saw him in front of the church and talked with him about the war--I suppose 5 minutes; I saw Job come out while I was talking with Charles, and go down the street, toward Butterworth's store--the way he would take to go home; I was standing by the stepping-stone, outside the gate; I left a few minutes after; left Charles standing by the stone; I went the same direction I had seen Job take; passed two women and a man behind them, between the blacksmith shop and wheelwright shop; couldn't tell who they were.
Cross-Examined: The people had most of them left the church; the man and women were walking an ordinary gait; I stopped at Arthur Haines' shop--did not go in; the man and women passed me there; my brother came up and he and I went home. I sat in church right behind Charley--I think the next seat; the women in the church were between me and Job.
Jacob Brown, Sworn:--Was in front of the church when it broke up, about 81/2 o'clock; saw Job and Charles Brooks after they came out the gate--Job was ahead--Charles about 2 yards behind--going toward Butterworth's store; supposed they were going home together; I should suppose they could see each other. Being cross-examined, witness said he did not talk to Charles; did'nt(sic.) see him or Job come out of church; did'nt(sic.) think he saw Allen Joyce that evening. The examination of this witness being concluded, the Court adjourned.
(NOTE: according to this site, April 30th was to be a day of fasting and prayer by recommendation of a resolution of the U.S. Senate.)
s May 7 1863:
On Wednesday morning, the examination of witnesses on the part of the State, in the case of Charles Brooks, charged with murder of his father, was resumed. Philip Lippincott testified to being at the place of the murder soon after the body was found, and corroborated the testimony of Mark Venable, in reference to the finding of the stick of wood produced in the Court, its appearance, &c. He also testified that he was at the Coroner's Inquest, on Monday evening, at Colkitt's Hotel, in Vincentown; that he saw the Defendant going into the room where the Jury was sitting and heard him say: "I spose they think they will scare me, but I don't care a G--d d--n."
Edward Wright--Sexton of the Methodist Church--testified that the Church was out about half-past 8 o'clock, the Sunday night of the murder; there was a large lamp in front of the Church, which he lighted that night; it was a very dark night; and light enabled one to see persons 30 or 40 feet.
James Perrine testified that he lived on the Lumberton Turnpike, near Vincentown; Charles was at his house about 6 or half-past 6 o'clock the evening of the murder; he said Tim and he were going to (a) meeting; I said you seem to be in a hurry, I spose you are going to see the girls; he replied "there is something else in our heads besides going to see the girls;" he then left; there is a path across from my house to Job's; the old man was in the habit for seven or eight years of coming across to my house. Charles was also in the habit of coming--we were all of us in the habit of visiting."
John S. Irick testified that he was foreman of the Coroner's Jury, which met at Colkitt's Hotel, on Monday evening, the 9th of March. Charles was brought there. He said he was at Church the night before; did not see his father there; he might have been there; he (Charles) was one of the first out of the Church; he stopped on the step a minute, and buttoned his coat, and then went immediately home; he said, when he got to Dr. Woolston's house, he started to run and ran all the way home; think he acknowledged speaking to some young man at Church; he said he did not see Mrs. Darwood and Mrs. Perrine that night; he did not see his father going down the street. In answer to questions by Prisoner's Cousel, the witness further testified that Charles said he hired a man to bring him over to Vincentown; he said he had expected to stay in Pemberton that night, but Joseph Butterworth told him of the murder of his father and advised him to go home--in consequence of this, he came over to Vincentown. He said he had not the slightest idea who was the murderer. Witness further said in answer to a question from the State's Counsel, that Dean Bowker went after Charles and brought him back, after he had started from Vincentown in the direction of his home. Jacob Heisler's testimony was chiefly corroborative of that of the previous witness.
Martha Perrine, sworn:--I am the wife of James Perrine. (The witness here gave the same testimony as her husband in reference to Charles saying he and Tim had something in their heads besides the girls, &c., when at their house the evening before the murder.) I asked Charles where his father was--I hadn't seen him that day; he said he met him going across the lot as he was coming to our house; he guessed he had been to John McHenry's. Charles was at our house about a quarter of an hour. I and Keziah Darwood went to Church; saw Job there--and Charles; saw both when we went in: Job sat on one side of the women and Charles the other--Job on the side block, and Charles in the middle block; saw both go out of the Church; they went out before we did; think Charles went out first--am not positive; they could see each other in Church--if they were a mind to look; saw Job after I got out of the Church, at the Meeting-house gate; he joined us and we walked down on the same side of the street as the Church; we crossed in front of Butterworth's store, and went down the other street on the same side as Ann Woolston's--the left-hand side; noticed a man standing on the step of Arthur Haines' shop, as we were, but I cannot tell where he passed us; know where Dr. Ewell lives; it is on the same side that we were; notice two men behind us there. Job and we went together as far as the turnpike; we parted from him near Caleb Ridgway's gate; he went towards his home, and we went towards ours; we went on the same side of the pike as our house is--the left side. When we got mid-way of the railing on the side of the pike, not half-way home, I heard someone halloo, "Brooksey," three times in quick succession; Charles went by the name of Brooksey; I asked Mrs. Darwood if she heard that noise; she said not, and I told her what I heard; we went on home; Jacob Brown and Joseph Bryan overtook us there; it was a quarter to 9 o'clock; as we left Job, I saw two men follow after him; could not distinguish who they w ere; it was quite dark. I have heard Charles say that he would knock his father down--he would stamp him and he wouldn't get up very soon; can't tell what led to his remark; it was made at our house; can't tell when. Heard Charles say about a week before the murder, at our house, that his mother had had her fortune told, and that his father was to die sometime in March, and suddenly; I had heard of his mother's having her fortune told, was the way we came to talk about it; I have heard him say his father was not good to him.
Cross Examined:--Saw the two men first as we got to Dr. Elwell's--close behind us; saw them all the way to the pike--then saw no more of the or Job; it took not over five minutes to walk from the end of the pike to our gate; the two men were right behind Job, when I lost sight of them. No-one was present but us two, when Charles spoke of knocking his father down; Keziah Darwood was present at the second conversation about the fortune-telling.
Keziah Darwood, sworn:--Lived in a part of the house of James Perrine. (Witness corroborated the testimony of Mrs. Perrine in relation to the conversation on the evening of the murder--and that about the fortune-telling and also in reference to their going to Church and seeing the two Brookses there, and testified to she and Mrs. P. passing down the street together, the elder Brooks being just behind them, close enough to engage in conversation with them). A man passed us near Arthur Haines' shop, on a run; as he passed he hit me on the elbow; a man was standing on Haines' step; the man that passed us, went right ahead; two men were standing on Dr. Woolston's corner; when we passed they came on behind us; Job was right behind us and the men right behind him; we parted at the corner of the pike and the men followed after Job; as we got by the end of the railing, nearest our house, on the pike, I heard a groan; asked Martha if she heard it; said not; before I heard the groan, she asked me if I heard some one call "Brooksey." At the time Charles spoke of the fortune-telling; he said he didn't want his father to die, for then he would have the family to keep; the conversation took place along about the 1st of March. Question by the Court: Did Job make any remarks on parting ? Answer: Yes; he said "good night folks--I daren't ask you to go home with me, but I feel a little afraid."
On Cross-examination, witness said they didn't tell the gentleman who came up to them at the gate, about the groan or the cry of "Brooksey." Did not tell about the groan the first time I was examined before the Coroner's Jury. In reply to State Counsel, she further said: she talked to Mrs. Perrine about the groan about a week after the murder; she didn't mention the groan before the Coroner's Jury, because she was afraid they would ask her to tell what kind of groan it was, and she wouldn't know how to describe it. William H. Mason testified that he was a half-brother to Mrs. Brooks; that he lived in Mount Holly; that he met Charles in Mount Holly, on Monday morning, about 10 o'clock; went home with him to dinner. I enquired about his father, whether he was shoemaking now, or tinkering clocks; think he said he was shoemaking or had been; said his father went to Meeting the night before; he was there too; think he said he came out ahead of his father; am not certain whether he said he saw his father at Church or not; when he came out, he buttoned up his coat, ran home and went to bed. Said his father did not come in the night before; his mother kept the door open, I think he said, till 2 o' clock, and then went and locked it.
Clayton Sapp, sworn: Live at Vincentown; the day after the murder I was at my mother's, near Pemberton; Charles Brooks and my brother William came there in a wagon about 4 o'clock, in the afternoon.-- (The witness here testified to Defendant's manner on meeting him: that he seemed to color up and look confused.) Have heard Charles make threats against his father; it was sometime last Fall; he said he would be the death of his father, or rip him open, or something of the kind. Some two or three weeks before the murder, he said in my shop, that his father and mother had had a spree--and if he(the father) didn't look out, he would be the death of him--he would give him the d------t licking he ever had; took more notice of it on account of a man in the shop taking him to do for his talk, and telling him he ought to have more respect for his father.
Cross examined:--Clayton W. Mathis was the man who Charles to do; I did not pay much attention to Charles' talk--because he was something of a blower--until Mathis took him to do. Didn't mention to anybody about Charles' appearance on meeting me.
Benjamin Johnson testified that on one occasion, when he and Defendant were talking about their folks, and being out at nights, Brooks said his father was the d------t ornaryest man that lived. Couldn't tell exactly when it was.
Samuel Stiles, sworn: Live about two miles from Vincentown; have known Brooks a good while; recollect a conversation at my wood pile a month or two after Harvest; Charles held a knife in his hand and said if he got a rip at his father, he'd never move again; he told me he and his father had had a spree; he said if he could only get him along(sic.) between Ridgway's lane and his (Brooks) house, what he would do to him; said he would shoot him but for the alarm of the gun; he had his knife out whittling with it at the time.
Cross Examined:--My wife was present when Charles spoke about getting a rip at his father; I didn't tell before the Coroner's Jury about his speaking of the alarm of a gun; I was going to tell it but they asked me another question and I didn't do it; first told this to Burr Montgomery after the murder.
Catherine Stiles--wife of the preceding witness--confirmed his testimony. On her cross-examination she said she didn't tell anybody till after the murder a about Defendant's threats; she didn't think much of them at the time, because Charley often talked his foolishness. The Court at this point adjourned till afternoon. On the reassembling of the Court, Mary T. Jones was sworn:--Live at Caleb Ridgway's; knew Job and Charles; heard Charles say his father was a d----d ornary(sic.) man--if he had his will of him, he shouldn't live long--all that saved him was the law; this was said in Caleb Ridgway's kitchen; knew Charles to have a long slim knife with white handle, while he lived at Ridgway's.
Cross Examined:--He worked for Mr. Ridgway, this Spring a year ago--for two months, I believe; the conversation took place one morning before breakfast, sometime between February and April, 1862, while he worked there; a taken-boy(sic.) 12 or 13 years old was present; first repeated this to Mr. and Mrs. Ridgway after the murder.
Dean Bowker testified to his being sent after the Defendant on Monday evening, the day after the murder--and to his arresting him as he was walking from Vincentown towards his home. Witness told him they wanted him at Colkitt's Hotel; he asked what for ? Witness said he didn't know, exactly; the prisoner then said "I spose they judge me for killing my father, but I don't care a G--d d--n anyhow." Witnes took him to the hotel. He (Brooks) had been there before that evening.
William Sapp testified to meeting Brooks in Mount Holly on Monday--the day after the murder; that Brooks asked him to let him ride with him to Pemberton which he did. Witness corroborated the testimony of his brother Clayton as to the manner of Defendant or meeting the latter.
William C. Champion, sworn: Live at Vincentown; was at Ellisburg, 6 miles from Camden and 15 from Vincentown, on Monday, the 16th of March; some one knocked at the door of the hotel about a quarter to 4 o'clock in the morning, and wanted to come in, saying he was cold; he was let in; when I came down stairs, about half past 5, the prisoner at the bar was sitting by the stove, snoring like a good fellow; when he woke up we had a conversation; he said he was going to Philadelphia, to be driver on the passenger railroad cars down Market street; I asked why he walked such a stormy night; he said he had business on the road--first said at Medford, and afterward Marlton: asked where he had been living; said at Pemberton, at Joseph Butterworth's; asked him if he knew young Brooks they suspected of killing his father; he hesitated a good bit, and then said No, he didn't; I told him that was strange, as they both lived at Butterworths; said he couldn't recollect him at all; I said I believed they rather suspected old John Brooks of killing him; he said, he is my father; I said then I supposed he was a cousin of Job Brooks; first said he was and afterwards that he was not. He then pulled up his pantaloons and said he was sick at his stomach. I went out a few minutes and when I came back, I saw him going down the road toward Camden. He had called for breakfast, but did not stay to get it. Cross-examined: I knew Brooks by sight; knew his name was Charles, but didn't know his last name; I commenced the conversation; I didn't hear him call for his breakfast but heard him ask the bar-tender what time they had breakfast.
J. Howard Shinn testified that he knew Defendant; the next Sunday after the murder (March 15th) was on the spot in company with others, looking at the place; Charles came down from the house and spoke to me; he said it was hard enough to lose his father, without being judged for it; I had not said anything to him then about it; he asked if the excitement had got over yet, at Vincentown; told him I didn't know, I had just come from Mount Holly; saw Charles in Mt. Holly the Monday the body was found, between 8 and 9 o'clock in the morning. David Johnson confirmed P. Lippincott and Venable in relation to the finding of the stick of wood. Thomas Gaskill sworn: Am Administrator to the estate of Job Brooks; his watch, a pocket-knife and pocket-book containing two or three dollars, were found upon his person; he owned the house and lot where he lived-- worth some $700 or $800; he was from 45 to 50 years old. Joseph Dobbins saw deceased going home about dark on the evening of the murder, from the direction of John McHenry's.--Charles had been at home two or three weeks.
John McHenry testified that deceased took supper at his house, the evening of the murder, and left about 6 o'clock, in the direction of his own home.
Joseph Bryan sworn: Was with Jacob Brown in front of the Church; left about the last ones; came down the right hand side of the street, crossed at Butterworth's store and went down the left-hand side of Mill street; we stopped opposite my father's house; in conversation about three or five minutes--then proceeded on up the turnpike. Didn't see anobody(sic.) till we came to the house of Jas/(sic.) Perrine; his wife and Mrs. Darwood stood by the gate; it was a pretty dark night; could see the white skirt of one of the women when we were about 10 yards from them. To the Court: Did not see either Charles or his father. To Counsel for Prisoner: Didn't hear anything from the time we started from our house, till we heard the women talking; it took about five minutes to walk from the end of the turnpikce to Perrine's house.
James Romas,(colored) sworn: Charles came to the jail since I have been there. Counsel for defence objected to the admission of the testimony of this witness, understanding it to be the intention to prove an attempt at suicide by the prisoner. Evidence admitted. Exception taken. Charles told me when he first came to jail, that he wasn't going to give them a chance to hang him--was going to starve himself to death; afterwards wanted me to get him a rope, and after that wanted me to go to get him some laudanum; said he knew Tim was innocent.
Cross-examined: I wait on Brooks and Ridgway too; in the habit of seeing both every day; often talk with Ridgway; am the darkey that stole John Stockton's carpet-bag.
Joseph L. Warren--Constable of Southampton--testified that he went to arrest the Defendant, on Tuesday, the 17th of March, but did not find him.
George Hulme was then called to the stand and gave his testimony in relation to accompanying the Sheriff to Salem, Ohio, and finding Defendant about three miles from that town; he having assumed the name of Lippincott, &c. When the witness reached that part of his narrative in which he was about to detail the story told him by the Prisoner, the examination on the part of the State was suspended, in order to allow the Counsel for the Defence to question witness as to any inducement held out by him to the accused, to impel him to make his alleged confession. In reply to questions by Counsel for the prisoner, the witness testified in substance: I told him if he knew anything about it, it was very important for him to tell it; the truth was alll that would bear him out in this world or the next--lies would not carry him through; I pressed him as much as I could to tell all he knew about it; he had hand-cuffs on at the time. To State's Cousel: I did not use any threat or any promise--used persuasion, told him that none other than the truth would bring him friends. To the Court: He kept constantly alluding to his trouble--said he couldn't sleep; did not make any remark that I recollect in relation to expecting anything if he did tell. To Prisoner's Counsel: I told him to tell the truth and I would do all I could for him, I said it was believed there were others who knew as much, if not more than he did: nothing was said about turning State's evidence till after he got through with what he told me. The Defence objected to the admission of the testimony as to the confession, and proceeded to discuss the question at some length. They contended that the course pursused by Hulme, was not a legal one, however good his intentions. A voluntary confession was strong evidence of guilt; but the authorities all agreed that where it was not free and voluntary, it became the duty of the Court to rule it out. Case after case could be cited where the Court would not permit a conviction upon a confession, unsupported by other evidence. The inducements held out by Hulme, made the case stronger than some in the Books, where the confession had been over-ruled. In this case, there was, if not a direct, at least an implied promise of favor. A case was cited of the rejection of a confession where the officer had said to the prisoner, "if you are guilty, you had better own it."--Any advice by a person in authority to a prisoner, that he had better confess, vitiates a confession. Here Hulme was acting, for the time, as the Sheriff. And up to the moment of witness pressing the prisoner to tell the truth, promising to stand by his friend, he didn't open his lips. It was held by approved authority that such confession could not be received, no matter how slight the threat or inducement that elicited it. On the other side the Counsel for the State contended that in this case there was no threat or promise made; but an appeal to the prisoner's moral sensibilities, with a mere general statement that by telling the truth he would have friends. There was nothing said by the witness to Brooks about confessing guilt. He simply appealed to him to tell the truth. His conversation contained no threat, certainly; what was the influence brought to bear ?--simply, a strong commendation of the truth. The true test was: Did Hulme say anything calculated to induce Brooks to make an untrue statement ? Judge Elmer said he had grave doubts about the admissability of the evidence and had always thought in case of doubt that the evidence should be overruled; but Judge Hulme thought the other way and as he was strongly of the opinion that the evidence should be admitted, and as this was one of those cases in which it was difficult to draw the line, the Court had determined to admit the evidence subject to such exception as Counsel for Defence might feel called upon to take. The Defence wished their exception to the ruling of the Court to be noted. Adjourned till 9 o'clock, on Thursday morning, when the testimony of Mr. Hulme was taken till 10 o'clock, at which time the Court took a recess, and the Jury in a body accompanied by the officers in attendance upon them, went to the Baptist Church. At 12 o'clock the examination of Mr. Hulme was resumed. We have heretofore published a full synopsis of the statement of Mr. Hulme--and our circumscribed space, impels us to omit his testimony before the Court and Jury, with regard to the confession. He also testified that he had, at the request of the State's Attorney, taken the club produced in Court into the cell of Brooks in the Jail, to see if he would recognize it as that with which he struck his father. He (Brooks) took hold of it and said it looked like it and felt like it. The Defence objected to this evidence on the same grounds, as to the confession.--It was admitted and exception taken. Sheriff Leeds confirmed the testimony of George Hulme, in relation to the statements of the Prisoner, so far as they were made in his presence. He also recollected some young fellow coming into the room at the hotel in Salem, and going up to the prisoner and saying your name is Lippincott, I believe: to which he replied: "It ain't Lippincott as much as it was." Charles was willing to return with them to Jersey. Think he said Tim agreed to meet him the night of the murder; but did not say for what purpose, as far as witness recollected. Justice Holmes testified to the prisoner being examined before him on the 2nd of April. George Hulme was present at the examination. The examination of the Defendant, taken before the Justice, was read in evidence.--Adjourned till 21/2 clock, P. M. In the afternoon, Dr. Samuel Woolston testified to taking part in the post-mortem examination of the body of deceased.
He thought the wound above the right ear was a mere scalp wound; did not see that it depressed the skull to the brain; the only wound he considered mortal was that on the left side fo the neck.
Thomas McNinney, sworn:--I was at Brooks' house while his body lay there; Charles was not there at that time; he was there on Wednesday after the murder; his mother, grand-mother, and Mr. and Mrs. Joyce were there; the murder was talked about; Mrs. Brooks said she couldn't think of anybody but John Brooks; and Charles then said he didn't know anybody else that would be likely to do it. The next interview I had was on Friday in the kitchen of their house; Charles, his mother, grandmother, and a woman named Carrigan, were present; John Brooks was again referred to in the same way as before; Mrs. Brooks wanted to know if Charles would have the privilege of subpoenaing witnesses at the inquest, as some persons likely to swear against him wwere not credible witnesses; told her I didn't think he would. I afterwards had an interview with Charles in prison--I think on the 15th of April; I spoke of his going West; most think he said he shouldn't have gone, but he was persuaded to do so; told him I didn't come to have him tell me anything about the murder; afterwards, told him he could do so if he saw proper, voluntarily, to do so; he began to talk about being at Church; said he didn't see his father in Church; asked if he went directly home; he said he went ahead of his father along the street; I then asked him some questions in regard to it--think I first asked him where he got the stick of wood; he said at Dr. Woolston's wood-pile; I asked if he got it when he was going to Church or when returning; he told me he didn't get it that night, but two or three nights before; he paused a moment and then said he didn't get it to strike his father with, but for the purpose of striking Dr. Woolston's dog, who had snapped at him a night or two before-- I think he said; asked when his father and the women were going up the turnpike where he was before or behind them; he said he was ahead of his father; asked if he could tell where he was when his father and the women separated at the end of the pike; as he was this side, at the small bridge, which crosses the road after you leave C. Ridgway's gate; asked if he waited till his father overtook him; said no, he walked slowly along, till his father overtook him; he said opposite William Doron's house on the opposite side of the road; asked if his father spoke to him after he overtook him; he said he did not; asked if he spoke to his father; said, not then; they walked a little way together till he asked his father if he thought it would rain; I asked which side of his father he walked on; said he didn't walk by the side of him, but about a foot behind; said they walked on in that way, till they got near the corner of his father's lot; his father remarked there was some one coming behind; said he looked round and saw a man coming; he then struck his father and knocked him down; he ran to the house and went to bed; when he spoke of striking his father, he cried and said it had broken his heart and it had been broken ever since. I then told him he had joined his brother-in-law with him in his confession; told him it was proper he should make a clean breast of it; if he said he had made a statement to Mr. Hulme which was true and he would stick to it, if he was on the gallows with the rope round his neck. I then called his attention back to the place where the women and his father parted; I asked if he could hear them talk when they parted; said he could, but couldn't understand what they said; asked if he could see them when they passed from his father; said he could not--or did not; I then wanted to know how far the man was behind him at the time he struck his father; he said he was over the bridge there is before you get to his father's corner(sic.)--it is fifty paces from the bridge to the corner. I tried to get him to describe how far off the man was; from his statement, I suppose he was about one-third of the way to the corner; asked him if he could see the man that far behind him, why he couldn't see the women when they parted from his father; don't think he made any answer to that. He said the stick he had, was a dry oak stick--not very large, with a knot at one end; he had it when he was at the bridge, near where the women and his father parted; think he said he used it as a walking stick. Asked if he stopped to talk with any one after church; said not; I thought he had forgotten and asked if he did not talk with Allen Joyce about the war or being a soldier; said he had a talk with Joyce, but thought it was before meeting; told him another witness said he saw him pass down the street behind his father--asked if that was so; said no, he was ahead. Charles is about 21 or 22 years old.
This closed the evidence on the part of the State. The Defence offered in evidence the deposition of Keziah Darwood, before the Coroner's Jury, to show discrepancy between her statement then and now, about where she first saw the two men who followed her and Mrs. Perrine and the deceased. Also, the deposition of Dr. Elwell, before the Inquest. Mr. Hutchinson then commenced summing up on the part of the State, and was followed by Mr. Ten Eyck in behalf of the prisoner. At the conclusion of Mr. T's speech, the Court adjourned. On Friday morning, Mr. Stratton spoke for the prisoner, and the Attorney General made the closing argument on the part of the Prosecution.
The Court then adjourned till 2 o'clock, P. M., when Judge Elmer delivered a charge to the Jury of about half an hour's length, and they retired.
At a quarter to five, they returned a verdict of Guilty of Murder in the First Degree.
Counsel for Defence moved for a rule to show cause why a new trial should not be granted--on the ground that the Court erred in admitting testimony of the confession. After a few remarks from the Attorney General, who said he felt it his duty in behalf of the State, to say, that he had no doubt of the legality of the evidence--and some conversation between Counsel and the Court, it was finally understood that the Court should certify the case to the Supreme Court for the advisory opinion of the other Judges in relation to the point in question. The Presiding Judge then addressed the Prisoner in fitting and appropriate terms, warning him not to indulge any delusive hopes as to the final result of the investigation; the most that could follow, would be a new trial, and he had just seen how one had resulted. He had now time for reflection and repentance, and he adjured him to improve the time allotted him--pointing him to the Bible and to Christ. Neither the verdict nor the remarks of the Judge, made any perceptible impression upon the prisoner. The Petit Jurors were disccharged for the term, on Friday evening. It is understood that the cases of Ridgway and Mrs. Brooks, will not be moved until the case of Charles Brooks is disposed of.
Sep 10, 1863:
Application was made to the Supreme Court, sometime since, by the counsel of Charles Brooks, for a new trial, and the matter argued. We understand that the decision has been given against the application, and we suppose, therefore, that Timothy Ridgway, the brother-in-law, will be tried at the next term of our Court, and that Charles Brooks--convicted but not sentenced-- will be a witness against him. The widow of the murdered man will probably be tried at the same term.
Sep 24, 1863:
We understand that Charles Brooks refused to testify against Timothy Ridgway, declaring that his "confession," in reference to the murder, is false. This is a new feature in this singular case.
On Monday morning, in the Oyer and Terminer, the case of Timothy Ridgway, indicted at the April Term, for the murder of Job Brooks, in Southampton, on the 8th of March last, was moved. F. T. Frelinghuysen, Esq., Attorney General, and M. Hutchinson, Esq., Prosecutor of the Pleas, appeared for the State--and Ewan Merritt, Esq., on behalf of the Prisoner. The following named gentlemen were selected as the Jury in the case, viz: William Hodson, Richard B. Naylor, Asa Gaskill, George Peak, Theodore P. Meyers, Mark Brannin, Joseph L. Morton, Joseph Bowne, Benjamin D. Deacon, Mordecai Hunt, Nathaniel M. Dudley, Samuel Buzby. Mr. Hutchinson then opened the case on the part of the Prosecution, giving a brief statement of the evidence to be adduced, upon which the State would rely for a conviction of the Defendant. The Court then adjourned till 3 o'clock, P. M. In the afternoon, Dr. Elwell, James Lippincott, Philip S. Lippincott, Martha Perrine, William T. Jones and Mark Venable, were examined as witnesses on the part of the State, in the order named. Their testimony was nearly the same in substance, as that of the same witness on the trial of Charles Brooks, and which we published at the time. On Tuesday morning, Joseph N. Gibbs was called and testified that he was one of the Jurors in the case of Charles Brooks, at the last Term. He examined the stick of wood produced in Court, after the Jury had retired to their room: found a human hair on the end of the stick: folded it in a piece of paper and gave it the Prosecuting Attorney. (Hair produced.) Believed that to be the hair in question--it was folded up as he had folded it.
On cross-examination, witness said he was a carpenter by trade; was certain the hair found on the stick was human hair. Edward Wright, Joseph Bryan, Jacob Brown, Allen Joyce, and Keziah Darwood, gave testimony of the same purport as in the case of Brooks.
Ann Bowker, sworn: Was at the house of Job Brooks the day of the funeral; saw Ridgway there; heard him say in the kitchen, that he enlisted in the three months' service--he had wanted to enlist for three years, and he wished to God that he had done so--then he would have been out of this scrape; he seemed troubled and looked very solemn.
Cross-examined: The remark was made after dinner, between one and two o'clock; Katy Carrigan was present; cannot tell who else; the remark was addressed to no one in particular; the kitchen was small and any one present could have heard his remark.
Mary Gibbs, sworn: Heard Timothy say on one occasion, that if he had his will of Job Brooks, he would chop his heart as fine as mince-meat and fry his liver on a gridiron; said this at Samuel Stiles', on the 15th of September of last year; Stiles' wife and Mrs. Brooks were present. Cross examined: It was on the Sabbath; don't know where Stiles was; think Timothy asked where Job was, and Mrs. Brooks replied he was at home at work the same as he was every Sabbath; Mr. Brooks laughed at Timothy's remark; can't remember anything else that was said; don't know whether I laughed at the remark or not; first told this after the murder; have talked about it several times since then. Catharine Stiles corroborated the testimony of the previous witness in reference to Ridgway's remark about the old man Brooks; but thought Mrs. Brooks had gone out before it was made. Catharine Carrigan, Mary Gibbs, herself and Ridgway, were all that were present. On cross examination, she said Ridgway then lived in a part of the same house that she did; had had no difficulty with him; did not speak to him for sometime before the murder; after he moved away from the house, they did not encounter each other. She thought the remark a piece of fun, at the time. Sarah Mason (quite an old woman and mother of Mrs. Brooks,) testified that she heard Ridgway say that he had sworn to a lie at the Coroner's Inquest, and that no one could hang Charley but himself (Ridgway). It was said at Job Brooks' house; Ridgway's mother and her mother were present.
On cross examination, she said she did not think anything had been said about the murder or about Charles, to call out the remark; it was in the evening, and after Charles had left home; could not say how long after. She stayed at the house till Mrs. Brooks was brought to Jail. The Defence objected to the testimony of Mrs. Mason--it was admitted and exception taken.
Catharine Carrigan corroborated the testimony of Mary Gibbs and Catharine Stiles, about the remark of Ridgway, at Stiles(') house. Remembered saying to him he ought to be ashamed of himself; couldn't say whether Mrs. Brooks was present or not; didn't remember anything else that was said. Samuel Norcross testified to the fact of Ridgway and young Brooks taking tea at his house on Sunday afternoon--the day Job was killed in the evening. They left just before sunset. Dean Bowker testified to going from Wm. Irick's to Burlington in company with Ridgway on the morning of Monday before the murder was made public; Defendant seemed very quiet--he was mostly pretty lively.
Charles Brown testified that sometime in September, 1862, he had a conversation with Ridgway, in which he said he didn't know what to make of the old man Brooks--he did not think he (Brooks) would live long. Witness saw Job that evening and he said he was very well.
Solomon Simons testified that about the last of February or first of March, Ridgway told him he was going to move in with his father-in-law; said he would have less rent to pay then; said he and the old man couldn't get along very well, but he would fetch that all right in a little while. Robert Wilson testified that Defendant moved into Job's house within about ten days after the murder; about two weeks after Job's death, witness traded him a horse for a heifer; said he wanted the horse to cart to the shore; talked of moving to the shore; said he was not satisfied where he was.
Elizabeth Montgomery testified that Ridgway worked for her husband and ate at their table, at the period of the murder; the morning the body was found, he was late to breakfast, and she noticed he did not eat as much as usual; thought this was owing to his being out of humor with her husband, who had scolded him for being so late about taking care of the horses; they had breakfast later than common that morning, and Ridgway was later than they were. Witness was at the house of deceased after the body was brought in; Ridgway was down in the woods at the time; he came up to the house with his team, went round to the back part of the house, where he was met by Mrs. Brooks, and the two had a few minutes' conversation in the back shed, which witness did not hear; Ridgway then went into the house, to the door of the room in which the body lay, turned about and went out to his team and drove off to witness' house. Witness walked alongside the wagon all the way home; Ridgway said nothing on the way at all, she thought--certainly nothing about the murder.
Burr Montgomery--the husband of the preceding witness --confirmed the testimony of his wife in relation to his finding fault with Ridgway for feeding his horses so late on the morning the body was found. He further testified that the next day he asked Timothy if he had any idea who did the deed; to which the latter replied, he didn't know--some thought it was John Brooks; witness thought he said also, that his mother (Mrs. Brooks) thought it was John Brooks. One morning after Charley had gone away, witness said to Ridgway that that would make people think he (Charles) had something to do with the murder. Ridgway said, yes, it did look rather dark. Adjourned till Wednesday morning. The prisoner prsesrves an apparently unconcerned demeanor, and does not seem to have suffered from his protracted confinement, looking better than when we saw him the morning after his arrest.
Oct 1, 1863:
On Wednesday morning, Burr Montgomery was recalled and in reply to a question by Prisoner's Counsel, said that Ridgway was usually late in coming to work in the morning. He did not notice anything different from usual in Ridgway until he had scolded him about feeding the horses so late. Ann McIntosh was next examined on the part of the State. She testified that she and her husband occupied a part of the same house as Ridgway and wife, at the time of the murder; Mrs. Ridgway, she thought, washed a few things on Wednesday; the funeral was on Thursday; thought she washed again that week; usually washed on Monday's when she felt well enough; Charles was at our house on the Sunday of the murder; the Sunday after the murder, he was there pretty much all day--in and out of Ridgway's part. Ridgway was at home. Charles said he then had on the same clothes that he had on the night of the murder; he would give anybody leave to examine--they couldn't find anything about him. On cross examination, she said Mrs. Ridgway told her that she did not feel well enough to wash on Monday.
Barzillai McIntosh sworn: Am husband of the last witness; Charles was at our house on the Sunday after the funeral; Timothy was at home; Charles was there about a couple of hours; he had on a new suit that he hadn't had a great while. The Monday evening after Charles had gone away from home, Timothy's wife came out to where he and I were spreading marl, and had some talk with him; when we got to the stable, Tim said, God! Charley has gone away--it looks dark on him--it makes me think he did the crime. This was the Monday night after the burial. Cross-examined: Charles went away on Sunday night; Tim hadn't spoken to me of it before that Monday evening; Tim said, Charley had either run away or else they were afraid he would, and had arrested him and taken him to Jail.
Thomas Gaskill, sworn: Am administrator to the estate of Job Brooks; he owned a house and lot worth $700 or $800; his personal property amounted to about $170; he was about 50 years old; he had two children, a son, Charles, and a daughter, the wife of Timothy Ridgway; Defendant came to my house about two weeks after the murder, and told me his mother-in-law wanted to see me; we had some conversation; I asked if they had heard from Charles; he said they had, hew was out West; he asked if I thought there was enough evidence against Charles to convict him; I said I thought not; he said Charles was foolish for going away; I said, yes, I thought he was. Cross-examined: There was a great deal of neighborhood talk; the general opinion from Charles going away, was, that he was guilty; think Ridgway said Ephraim Farr told him where Charles was; Ridgway and Farr worked at the same place.
Thomas McNinney, sworn: Am a Justice of the Peace; held the Coroner's Inquest over the body of Job Brooks; the first meeting was held on the 9th of March; found a watch, two dollars and sixty odd cents in money, a comb and knife, on the person of deceased; the Inquest was adjourned from Monday the 9th to the next Monday; on the first Monday, Timothy and Charles were before the Jury in the evening-- neither of them in the afternoon; on the second Monday, Timothy was there in the evening; Charles was not; one of the Jury asked Ridgway if he had a knife; he said he had; he was asked to show it; he pulled it from his pocket and handed it to them; it was lain on the table; don't know what became of the knife; (Witness described the knife and produced another which he said was very like it.) Ridgway was sworn as a witness at both sittings of the Jury; his examination was taken in writing. (Examinations produced.) These are the examinations. Defendant produced the knife without hesitation.
Dr. Elwell was recalled and described the wound on the neck of the deceased; had said on his previous examination that it was given with a knife or a dirk; thought the instrument with which the cut was made was sharp pointed, but that both edges were not sharp. Charles Brooks was then brought from the prison and placed upon the witness stand.--Having been duly sworn, he was examined by the Attorney General, and testified as follows:
Charles Brooks, sworn: I will be twenty-three years old on the 21st of December; was born in this County; am the son of Job Brooks; my father is dead; lived at Joseph Butterworth's, the last place; had been at home for about three weeks before my father's death; one week after his death I went to New Albany, Ohio; my sister married Timothy Ridgway; I was at McIntosh's the Sunday of my father's death--at Norcross' also; was at Church the Sunday evening of his death; was at Mount Holly the day after his death--at Peter Coppuck's, and Reuben Forker's; I took $22 or $23 with me to the West; mother gave it to me; don't know where she got it; no one told me to get it of her; wore to the West the clothes I now have on; had worn them the whole week before; this is the suit I had on at McIntosh's; did not put on another suit before I went away; (stick of wood shown witness,) saw that club last Court; never saw it before that; saw it in Jail when George Hulme brought it into me. Don't know what time church let out the night of the murder; I got home a quarter to 9 o'clock; did not see my father when I started from the church; Tim Ridgway's cell in Jail is over mine; there is a chimney from one to the other; by talking pretty loud you can hear from one cell to the other. There was so much talk going on, was why I went West; was at Timothy's house and saw him a few minutes the day I went away; he did not know I was going; I did not think of going at that time. Did not hear anybody cry "Brooksey" the Sunday night as I was going home; I know Mr. McNinney; saw him in Jail before last Court, and once since; had a conversation something about this murder scrape, but don't know what.
Question--Did you then remember who committed the murder ? (Objected to by Defendant's Counsel, admitted and exception taken.)
Answer--No Sir. I knew Samuel T. Leeds; don't know exactly where the spot of blood was in the road; saw it once, the Sunday after the murder; can't see the spot from the yard at home; don't know that you can by going along the fence to see if my father's body was there; did not see Ridgway the night of the murder. At this point, the Court adjourned till 3 o'clock, P. M. In the afternoon, the examination of Brooks was resumed, as follows: Was at Perrine's the night of the murder; saw my father; saw my father as I was going across to there. I know that I have been convicted of the murder of my father.
Question--Do you know that the Supreme Court have refused you a new trial ?
(objected to by Defence--allowed.)
Answer: I heard that they had. I did not meet or overtake my father as I was going home from church; got home before my father was murdered.
Question: How do you know that ?
Ans.--I don't know only what people said--they said it was done at a quarter to nine o'clock or later; looked for my father at home that night.
Question--When did you first know he was murdered ?
Ans.--The next night.
Question--Did you strike your father with a club as he was going home ?
Ans.--No Sir.
Question--Did you tell Mr. McNinney you did ?
Ans.--I don't know that I did.
Question--Did you tell Squire Holeman you did ?
Ans.--I don't know whether I did or not.
Question--Did you tell George Hulme you had ?
Ans.--I don't know what I told him exactly. Don't know whether I told him or not that I struck my father with a club.
Question--Did you hear Timothy Ridgway that night call to you as you were going home ?
Ans.--No Sir.
Question--Did you hear any one call to you, that you thought was he ?
Ans.--I did not hear anybody halloo.
Question--Did you see anybody that you took to be Ridgway ?
Ans.--No Sir: I don't remember to have seen anyone after I left the meeting house.
Question--Had you and Tim had any conversation in reference to killing your father ?
Ans.--No Sir.
Question--Did you get that club from Woolston's ?
Ans.--I didn't get any club.
Ques.--Have you said so ?
Ans.--I don't know whether I have or not.
Ques.--You were at church the Sunday night of the murder ?
Ans.--Yes Sir.
Ques.--Did you say the next day to William H. Mason that you were not ?
Ans.--I said I was.
Ques.--Did you see two women as you went home Sunday night ?
Ans.--No Sir; I didn't see anybody.
Ques.--What name do they call you by ?
Ans.--Some call me Charley and some Brooksey.
Ques.--What does Tim generally call you ?
Ans.--"Charley."
Ques.--Tim call you "Brooksey ?"
Ans.--No Sir.
Ques.--Did you ever see Tim's knife ?
Ans.--I saw a knife I let him have after I came home from Joseph Butterworth's ?(sic.)
Ques.--What kind of knife ?
Ans.--I don't know whether it had one or two blades.
Ques.--When did you see Tim have it last ?
Ans.--The fore part of March.
Ques.--Have you talked to Tim in jail ?
Ans.--A few words out the window where anybody could hear it.
Ques.--What did you talk about ?
Ans.--I don't know what I said to him.
Ques.--Have you talked to him through the pipes or chimney ?
Ans.--No Sir.
Ques.--Could you see the spot where the blood was from the yard ?
Ans.--I never seen it.
Ques.--Did you tell Sheriff Leeds you had ?
Ans.--Not that I know of. I don't know what I did say. I was half tight when they took me.
Ques.--Were you half tight when McNinney saw you ?
Ans.--No.
Ques.--When you talked to Squire Holeman ?
Ans.--I might as well have been--I was all worked up in excitement.
Ques.--Were you excited when McNinney saw you ?
Ans.--Yes.
Ques.--What did you tell him.
Ans.--I don't know.
Ques.--Have you had any talk with Tim as to your examination here ?
Ans.--I don't remember it.
Ques.--Did you tell McNinney you were concerned in the murder ?
Ans.--I don't know what I told him ?
Ques.--Did you carry that stick to strike Dr. Woolston's dog ?
Ans.--I never saw the stick till Hulme brought it in the Jail--never carried it.
Ques.--What did you say to Tim when you talked with him out the window.(sic.)
Ans.--I don't know--I have asked him several times for tobacco. Ans.--Yes.
Ques.--How did he get it to you ?
Ans.--Let it down by a string.
Ques.--Ever had any written paper that way ?
Ans.--No Sir.
Ques.--Did you run home from church ?
Ans.--I ran some of the way and walked some. Ran because I was cold.
Ques.--What part of the way did you run ?
Ans.--I run a little and walked a little all the way home.
Ques.--Was your father before you when you left church ?
Ans.--I don't know--I didn't see him.
Ques.--Where did you see Tim before you went to church ?
Ans.--At Gen. Irick's lane-end.
Ques.--Have any conversation ?
Ans.--He asked if I would be at home if he and Sally came down. Told him I would.
Ques.--Were you there ?
Ans.--No. I had been to Perrine's--came back and found the house locked, and then went to Vincentown. Perrine asked me what my hurry was. I told him Tim was coming down to our house and I expected he was there by this time; he said you are going to see the girls; I told him I didn't do that kind of business.
Ques.--Where did you go from Perrine's ?
Ans.--I went across home.
Ques.--Find Tim there ?
Ans.--No. I didn't see him that night after I left him at Irick's lane.
Ques.--Where did you then go ?
Ans.--To Vincentown.
Ques.--Where then ?
Ans.--I was in Stockton's a little bit and then went to church.
Ques.--What name did you go by in Ohio ?
Ans.--John Lippincott.
Ques.--Did you stop at Salem ?
Ans.--Yes Sir.
Ques.--What did you tell the people there ?
Ans.--I don't know what.
Ques.--Did it storm when you went ?
Ans.--I believe it did.
Ques.--Go at night ?
Ans.--Yes Sir.
Ques.--What time did you leave ?
Ans.--Eleven o'clock as near as I can tell. (Umbrella and strap shown witness.)--Those are mine.
Ques.--Where did you leave them ?
Ans.--At Ellisburg, Champion's Hotel.
Ques.--What did you tell them there ?
Ans.--I don't remember.
Ques.--Tell them you were going to Philadelphia to drive the cars ?
Ans.--I don't know.
Ques.--Did you lay down and go to sleep ?
Ans.--Not that I know of.
Ques.--Did you get your breakfast ?
Ans.--No Sir.
Ques.--What time did you get there ?
Ans.--I don't know--towards morning.
Ques.--Had anybody been at you to kill your father ?
Ans.--No Sir.
Ques.--Have you said they had ?
Ans.--I said something about it before last Court; don't know what it was.
Ques.--Do you swear now nobody had been at you ?
Ans.--Yes sir.
Ques.--Did you kill your father ?
Ans.--No sir.
Ques.--Strike him ? Ques.--Had Tim been at you ?
Ans.--No Sir.
Ques.--Did you tell Hulme, McNinney, Holeman, Leeds and others that he had ?
Ans.--I don't know as I did.
Ques.--Did you say you hadn't slept day or night, after killing your father, until you made the statement ?
Ans.--Not that I know of.
Quest.--Did you see Tim the morning after your father was kille ?
Ans.--I don't remember.
Ques.--Think.
Ans.--I think I saw him go along with his team--did not speak to him.
Ques.--Did you tell him your father hadn't come home.(sic.)
Ans.--No Sir.
Ques.--Did you tell anybody the body had been removed.
Ans.--No--I didn't know it then.
Peter Salter (colored) sworn: Was in Jail when Defendant was brought in there. Brooks' cell is on the second floor-- Ridgway's on the third--right over Brooks'; have heard them talk through the heater; couldn't hear what they said; I was in my own cell; I heard down the heater. Ridgway told me twice to ask Brooks if he had anything to do with the murder or not; I asked him and he said neither he nor Tim either. I reported what Brooks had said to Ridgway; this was since the last Court--as much as two months. Once when I was in the yard, I heard Mrs. Brooks halloo across for Tim not to betray her or Charley; heard no reply; then she would tell Charley not to own up to anything; heard Timothy say, no danger; this was in reply to what Mrs. Brooks had said; this was in August, one evening about dusk. Heard the same conversation three or four different times. Cross-examined: When Brooks had been in eight days, he told me one morning when I took him his breakfast, that neither he nor Tim had anything to do with it; he said he was scared and worked up, and thought it would make it better for himself, was the reason that he told what he did. Ridgway and Brooks were not then where they could communicate.
Lydia Leeds, sworn: Am the wife of the Sheriff; I heard a conversation between Mrs. Brooks and Ridgway, not long ago--cannot remember the exact time; it was in the evening about dusk; the first I heard, Tim said he had a basket his wife might as well have--from what he could find out, they were going to send him to Hell or somewhere else. Mrs. Brooks told him not to believe anything he heard; told him not tell anything he heard; told him not tell anything on her or Charley--just to say they were innocent, and not to fear a witness that could be brought against them. She halloo(e)d to Charley and told him not to tell anything on her or Timothy. I was in my own bedroom. The prisoner's deposition before the Coroner's Inquest was read in evidence. Also his examination before Esquire Holeman.--The State here rested.
Mr. Merritt then opened to the Jury the evidence to be adduced upon the part of the Defence--stating that they would prove that the Prisoner could not have been present at the time the murder was alleged to have been committed--in short they expected to prove an alibi. Mrs. Brooks was then placed upon the stand.
Keturah Ann Brooks, sworn: Am the widow of Job Brooks; he left home the night of the murder between 6 and 7 o'clock; went toward Vincentown; I was in the house--washing dishes, I believe, when he started; didn't go out till I went down to the ditch opposite Wm. Doran's house after my ducks; they were coming home right opposite Doran's house; I went in there; was there 5 or 10 minutes; went from Doran's house right on home; I met Timothy and Sarah Ann going to meeting; they went home with me; it was very muddy and very dark; they stayed till 20 minutes past eight; I looked at the clock after they went away; neither of them were out of the house from the time they came in with me till they went away. I was over at Timothy's house the Friday or Saturday before--don't remember which; it is a very muddy road in wet weather, from our house to Timothy's.--When they went from our house that night they went right on home; I wasn't very well and felt in a hurry to go to bed, was the reason I looked at the clock; don't suppose I was down stairs five minutes after they left; I slept in the room up stairs next to the road; can hear persons walking in the road, from the room; Tim had a clock; it was faster than ours; when I was at his house, Friday or Saturday, their clock struck four--ours did not till I got home; it would take me ten or fifteen minutes to walk that distance--the walking was bad. Job had rented Tim a part of the house, and lots; he expected to move there; the rent was to be $20, I think; Job and he were not unfriendly at that time that I known of. The day after the murder, Barzillai McIntosh and Timothy went up in the pines; he did not stop at our house as he came back; he was there in the evening. Job was at home Sunday, till about 3 o'clock, when he went to take a pair of shoes to John McHenry's.
Adjourned till 10 o'clock in the morning.
On the reassembling of the Court on Thursday morning, Mrs. Brooks was again put upon the stand and Cross-examined: Tim was at our house an hour or more the evening of the murder; husband left home between six and seven; he didn't get supper at home; said he had had his supper; I did not go to church--I was not very well, and the walking was bad; Doran's house is not far from ours; the walking not very good; found the ducks coming home just before seven; did not go after the ducks again. Question--Did you tell Tim you did ? (Mrs. Brooks' Counsel (Mr. Stratton) here interposed and objected to the question.--The Court allowed the question--at the same time instructing the witness that she need not answer any question calculated in her opinion or in that of her Counsel to (in)criminate herself. Answer--I never did. I fixed the fire, locked the doors and went up to bed; the fire was in the kitchen; locked all the doors; followed Tim and wife no farther than the door, when they left; I fastened the door right away, fixed the fire and went right up stairs to bed; did not follow them out on the stoop; saw them go out the gate; didn't hear them after I had gone up stairs; didn't see Tim afterwards that night; no one was there that night; Charles came in and went to bed; he got in at the back door; there are two doors back; the one going into the shed I always left unfastened in case any one was out; didn't heary anybody come in but Charles; there are three rooms up stairs and three down; Charles slept just back of my room; he had to pass my bed to get to his; Job slept in the room where I did; didn't hear any one pass the house that night--don't recollect that I did; can hear when the walking is good; I was at Tim's on Friday or Saturday afternoon--not a great while--nor over half an hour; Tim was not at home. don't recollect seeing Tim till the evening of Monday; it was after candle light; my husband was home all day Sunday till 3 o'clock; the door I left unlocked went into the shed where the pump was; the other doors were all locked; husband returned from John McHenry's between 6 and 7 o'clock; he stayed a few minutes--then put on his hat and went out; my daughter had gone home then; she went by herself; it wasn't more than 5 o'clock, when she went away; Tim wasn't there till evening. The clock struck 9 in a very few minutes afer Charles came in; I had been abed about half an hour; was not asleep; as Charles went through he said, mother I guess I will go to Mt. Holly in the morning, and get some worm medicine; I said, you had better go if the walking is good. To the Court: I said to Charles in the morning, your pappy didn't come in last night; he said no, he has got to staying out often.
William Doran testified that Mrs. Brooks was at his house about 6 o'clock on the evening of the murder; she stayed from fifteen minutes to half an hour; it was dusk but not dark. She asked if they had seen anything of her ducks. I hadn't seen them.
Barzillai McIntosh recalled: Lived in part of the house that Ridgway lived in; my wife and self went into Ridgway's part the Sunday night of the murder; I wanted to see him to tell him what we had to do in the morning; he and his wife were not at home; old Mrs. Mason, his wife's grandmother, was there; he got hom whwn it wanted four or five minutes of 9 o'clock by my clock and his; the were just alike; I sat there and talked an hour after they got home; Tim sat there and talked while I stayed; he behaved as usual that evening, I believe; we were laughing and talking as we usually were; I called him next morning; my clock was 25 minutes too fast; I know that from comparing it with my watch which I brought from Doron's (the watchmaker); got my watch the Saturday night after the murder; saw Tim next morning first, at the stable on Irick's farm; don't remember whether I saw him before Montgomery did or not; we went into the pines, three miles beyond Burr's Mills and got some wood; Tim left his load in Vincentown, on our return; in going to the Pines we came past the place where Job was murdered; Tim's conduct that day was as usual; I was at home and unloaded my wood before sunset. I was at the last Coroner's Inquest in Vincentown; went with Tim; went home as far as his mother-in-law's with him; was present when Tim's knife was demanded; saw him produce it; he and I went away from the Inquest together, as soon as they were done with him; Dean Bowker came home with us from Burr's Mills; he went from Irick's to the Mills.
Cross-examined--Was not in Ridgway's house more than once after the murder; did not compare my watch with Tim's clock; did with my own; his clock and mine both struck at once. Drove on a walk as we were going for the wood; Tim's team was ahead; we talked along; as we went past the house we talked about farming the lots of Mr. Brooks; Tim said he expected to be in possession there; he did move there afterwards; I did not see the spot of blood in the road; I was on my wagon; I introduced the matter about the lots; Tim told me he was to have two rooms in the house and farm the lots on shares; he did not say anything about the old man. Tim was generally late in the morning; I called him almost every morning. I was in Tim's house the Sunday night of the murder, near three hours. After I got my watch, I heard Tim's clock strike with mine; did not alter my clock; I wanted it too fast--it hurried me up better. Ann McIntosh confirmed the statement of her husband relative to the clocks and the time that defendant and wife got home. It was after ten when she and her husband went into their own part from Ridgway's that Sunday night; did not see anything different from usual in Tim's conduct that night; asked when they came home if they had been to church; they said no, they had been home. Tim and his wife came home together.
Sarah Mason was recalled and testified that she was staying at Ridgway's house at the time of the murder. She did not remember what time it was when he and his wife got home that night; McIntosh and wife were there. In answer to questions put by the State's counsel, she said Tim didn't go out again while she was up--he might after she had gone to bed--but she didn't hear anybody go out that night after she went to bed. The Defence here rested--and all the evidence being taken, Mr. Hutchinson commenced summing up on behalf of the State. He had not concluded at one o'clock when the Court adjourned. In the afternoon, Mr. Hutchinson conclusded his argument, and was followed by Mr. Merritt for the Prisoner. At the conclusion of Mr. M.'s speech, the Court adjourned till 9 o'clock on Friday morning, when the Attorney General made the closing argument on behalf of the State. Judge Van Dyke charged the Jury and they retired to deliberate about 12 o'clock. VERDICT OF ACQUITTAL. At six o'clock in the evening they returned into Court and rendered a verdict of NOT GUILTY. The Accused manifested his gratification at the result by a smile and a suppressed exclamation of "Good!"
Oct 8, 1863:
Charles Brooks, convicted of the murder of his father, Job Brooks, at the April term of Court, was sentenced on Saturday last, to be hung on Friday the 11th of December next. Judge Van Dyke, in passing sentence upon the prisoner, referred to the various and contradictory statements made by him in regard to the murder: his confession that himself and Timothy Ridgway committed the crime--then as a witness in the case of Ridgway, swearing that his previous statement was false, and that he knew nothing whatsoever of the murder--and again, as a witness in the trial of his mother, declaring that he, alone, committed the awful deed. The Judge alluded to the peculiar atrocity of the crime--the murder of his own father; knocking him down with a heavy club, cutting his throat, and then dragging him to a ditch, and throwing him in, as though he was a mere brute--and closing by pronouncing the solemn sentence of the law. The prisoner showed no feeling, whatever, and in answer to the question of the Judge, whether he had anything to say why sentence of death should not be pronounced against him, said that he did not know as he had--that he had made his different statements because he had been persuaded to, and thought it would be the best for him. When the Judge had pronounced the sentence, he said, "well, I suppose I'll have to bear it, and get ready for it." Then looking at the Judge, he said: "Can't you give me another week." The Judge replied that he had extended the time beyond the session of the Court of Pardons, and did not know that another week would be of any benefit to him. The Prisoner was then taken from the Court room. On his way to the prison, some one remarked that Sheriff Leeds would not have to hang him, when Brooks quickly replied, "I don't care who does it, so it's done right." When placed in his cell, he commenced dancing, and said he was ready, anytime.
The taking of evidence in the above case was commenced on Wednesday morning.-- Mark Venable was the first witness called. After giving an account of the finding of the body of the deceased in the ditch, as in his previons(sic.) examinations in the cases of Charles Brooks and Timothy Ridgway, he further testified to his going to the house, and to the conduct of Mrs. Brooks. As he turned to go into the lane, he saw the kitchen door a little way open and the arm of Mrs. B. at the door; when he got to the door it was closed; he knocked and there was no reply; knocked harder the second time; Mrs. Brooks then opened the door; he said Good Morning Mrs. Brooks, is Job in ? she stepped back a little, and "looked very revengeful," but made no reply; he told her he would like to see him; she then nerved herself up (in witness' language) and stepped up towards him; he looked to see what she had in her hand; saw she had something like a bunch of feathers, as if she had been sweeping off the stove hearth, or something of the kind; asked her when Job went away; she said the last she saw him, was down at the end of the lot; she supposed he had gone to meeting--she sat up till half-past nine--he didn't come in--she then went to bed, and between one and two o'clock she got up and fastened the door; then she said I expect he has gone a tinkering clocks; witness then said--Good afternoon Mrs. Brooks--when Job comes, tell him I'd like to see him; he then closed the door. Witness visited the house again in about 15 minutes; he went to let Mrs. B. know Job was dead; when he knocked, there was no reply; heard steps of a person coming down stairs and walking across the room floor; knocked a second time and then she (Mrs. B.) invited him in; he said to her, Mrs. Brooks, I have got bad news to tell you and I want you to bear it as well as you can--Job is dead; her reply was "you don't say;" he said "yes, he has been murdered at the end of the lot;" said she, "he haint;" she threw up her apron and gave a boo-hoo; he pointed to a chair and said Mrs. Brooks you had best take a chair; he put his hand on her shoulder, and she sat down on the chair; Harriet Joyce came in about that time; after she sat down she took her apron from her face, and said: How came you to find him ? witness replied: By seeing his hat in the ditch. Isaiah Robbins came in then, and witness asked him if they were bringing the body in; he said they were; he then told Mrs. Joyce she had better take Mrs. B. up stairs; as the two started out of the kitchen, the corpse was being brought into the house; about the time they got to the room door, the corpse was lain on the floor; as Mrs. B. passed the body, she looked down on it as she walked along and went up stairs. A coverlid was asked for to lay on the carpet; witness called Mrs. Joyce and asked her to hand down something to put on the floor; he heard Mrs. B. say, I'll get it; it was thrown down and witness gave it to the men, and they placed it under and around the body. Whilst witness was at the body after his first visit to the house, and Mr. Jones, who was with him at the time the body was found, had gone to Vincentown, he (witness) was looking toward the house; he saw the blind raised and the curtain drawn aside, at an up stairs window looking toward him; saw a person there, but couldn't tell whether it was a man or a woman, at that distance; it was not more than a minute after he came back to the body.
On Cross-examination, witness said he heard it raining between 3 and 4 o'clock that morning; did not know what time it commenced; a good deal of rain fell; between the spot of blood at the side of the road and where the body lay, the ground was an old sward. Before he went to the house the first time, Messrs. Stockton and Newton had arrived at the place of the murder; it was eighty yards from the blood to the house; from the body, 30 feet. The door was closed when he got to the house; did not know what Mrs. Brooks came out of the shed when she came to open the door.
Question--What do you mean by nerving herself up ?
Answer--She appeared to nerver herself up as if she was angry; thought from the appearance of the woman, that she had some weapon in her hand; I was afraid she might attack me. Didn't tell about the arm at the door, before the Coroner's Jury-- the question wasn't asked; told the same story then as now, as near as he could recollect; Mrs. B. did not ask witness, where they found Job, instead of "how they came to find him." (Counsel for the Prisoner here read from witness' deposition before the Inquest, in which he said Mrs. B. asked "where they found him.")--Witness did not think she asked him that question. Prisoner's Counsel again read from witness' deposition, that Mrs. B. said no, when asked if Job was in. Witness believed he did say that before the Coroner's Jury. In reply to inquiries by Counsel of the State, witness further said he did not see Mrs. B. shed any tears--she "boo-hooed" behind her apron. Timothy Ridgway, who had been confined in Jail as a witness, since his acquittal, was then placed on the witness stand.
Timothy Ridgway, sworn: (Knife shown) Question--When did you last see that knife--under what circumstances ?
Answer-I saw my mother-in-law kill a chicken with it. I had a conversation with Mrs. Brooks about the murder, about the 29th of March last; the day before I was brought here, she sent me to Thomas Gaskill's; I went to tell him she wanted him to come up there, she wanted to see him; when I went back, I reported to Mrs. B. that I had been to Mr. Gaskill, and that he said he would come the next day; then I went over to the barn to feed the horse; she went too; I said to her, I'd like to know who did that deed; she said, she was afraid Charles had done it--she had heard him say his will was good enough, if he only dare; I told her I hoped they would find out who did it; then she told me to come to her; I then went close up to her; now, said she, I'll tell you, but for the world never say anything about it; I told her I wouldn't; said she, if you do, I'll take everything away from you that I ever gave you, and Sarah Anna shall not live with you; I told her I wouldn't mention it; said she, you remember the night that Job was killed--you and Sarah Anna started to go to Church; said she, you met me down yonder by the bridge; she said, that was the errand she and Charles had been on then--they tried to catch the old man when he was on his way to Church, but they couldn't; as soon as you and Sarah Anna started out to go home, I started out and went down to the bridge; she said, she waited there till Charles and his father came along from Church; she said, when they came along, Job asked her what she was doing down there; she told him she was looking for her ducks--she was afraid they would lay down there and she wouldn't get any eggs; Job said to her he thought it was a pretty time of night to be looking for the ducks; he started on a piece, and Charles ran up behind him with a club and knocked him down; she said she handed Charles the knife and he stuck it in his throat; she helped Charles carry him to the ditch; she said the reason she done it, she was going to stop him from running after Keziah Darwood; she said the knife it was done with was the knife Job fixed for her to stick chickens with; (knife again shown witness) that's the knife she used for that purpose. Sarah Anna is my wife and the daughter of Job Brooks; I believe I have stated the whole conversation that took place at that time. The day Job was found, I had a conversation with Defendant; when I came home out of the Pines. I came along there and stopped; she called me out in the pump-shed; she asked me first if I had to go before the Inquest; I told her yes; she said Charles was judged for it; she said she went me to go before the Inquest and swear that Charles was at home a little after 8 o'clock, and abed; I told her I wouldn't do it; I passed on through the house, went in and looked at the corpse, and then went on home with my team. I found a pair of boots at my house on Tuesday following the murder; I didn't know the boots were there till Tuesday morning, when I went to put mine on; my light boots were gone, and another pair left in the place of them; as I picked one up, the toe dropped down and I saw blood in the wrinkle here; (witness showed on his own boot the place--above the instep); I have seen Charles wear the boots--I know where they were made; I set the boots down again and said nothing till he (Charles) came; (conversation between witness and Charles objected to); he came for the boots and took them away; I afterwards had a conversation with Mrs. Brooks; I asked her if Charles killed a chicken that Monday morning after the murder was done; She said, No. I told her that Charles said how that the blood came on his boot--that he killed a chicken; that was when we were going from home down to the Coroner's Inquest; I told her I would have to tell it; told me if I did tell it before the Inquest. I had better not show myself under that roof again; I did not tell it--I daren't. My wife and myself started to go to Church on the evening of the eighth of March; we stopped at father-in-law's as we were going past; we found the house fastened; my wife took a broom and brushed the mud off her shoes and we started on; we got down between where he was killed, and the bridge, and met mother; we asked where she had been; she said she had been to look for her ducks--she met them a coming home and she went into Mr. Doran's; she said, it is very dark and muddy, you had better turn round and go home with me--so we did so; we stayed there till 20 minutes past eight o'clock; then we went home--I and my wife. Mrs. Brooks has said something to me since I have been in prison about this murder; she told me she didn't want me to tell on her and Charles this court(sic.); she didn't want me to tell what she had told me about her and Charles; she was at the window right opposite me, only she was lower down-- a story lower; I believe she told me no more.
Cross-examined: I was 22 years old the 9th day of last May; I was born at Barnegat, Ocean County. (Witness was here questioned and testified in reference to the different persons he had lived with and worked for prior to the time of his coming to Burlington County). When I first came into this County, I worked at blacksmithing for Clayton Sapp, at Vincentown; I worked for him a while and then was in the Army three months, and then worked wih him again; think I was withhim between two and three years; I enlisted under the first call for three months' men; worked for Ambrose Dobbins this Summer a year ago; have also worked for Gen. William Irick; worked for Amos Hueston a little while before I went to Irick's; was working for Gen. Irick at the time of the murder; think I had been there seven months; lived in his tenant house at the forks of the road; the roads run to Medford, Eayrestown and Lumberton; was engaged in farm work; think it is half a mile on the map here from the tenant house to the place where Job was murdered; I had been acquainted with Job's family between two and three years; his family consisted of his wife and two children; I don't recollect when I married his daughter; it is going on two years now; I don't know about what property he had--only I know he owned the house and lot where he lived; he had a cow and hog, and a heifer he gave my wife; Charles was at work at Mr. Butterworth's at Pemberton, previous to his father's murder; think he had been at home two or three weeks--I won't be certain; I saw him frequently--he was often at my house--always has been since my marriage.
Question--You and he were very friendly--intimate, were you not ?
Answer--Yes, sir--we had a few words once.
Question--Together a good deal ?
Answer--Yes, Sir.
Ques.--Were you with him the day preceding the night of the murder ?
Ans.--Yes Sir. He came to my house; think he came there a little before noon, or about noon; I won't be certain whether he took dinner there or not; he and me went to Samuel Norcross' together in the afternoon; I suppose between 1 and 2 o'clock; were together during the afternoon; took supper at Norcross'; it was pretty near sunset when we left there. Ques.--Did you not tell Charles you were coming down to his father's that evening ? Ans.--Yes Sir; I asked him if he would be at home if my wife and me came down to go to meeting; he said he would, he guessed; Charles said he had got a place to work; at Jacob Seeds', near Pemberton; can't say whether he told me that afternoon he was going the next day; can't recollect whether he told me that day or not--he had told me: he and Mr. Norcross--come to think--were talking about it; Charles said he ought to go the next morning; Mr. Norcross told him he had better stay and vote before he went over; Charles and I parted at Irick's farm-house lane; I went to take care of the horses and he went home; it was getting dusk; it was after sunset; I and my wife left home to go to meeting--I don't know what time it was; I was not in the habit of going to meeting so very regular at that time--had to work through the week and felt tired, Sunday; I don't know what time meeting called; don't remember looking to see what time it was when we got in my father-in-law's house; think my mother-in-law was about half way between the bridge and where the spot of blood was found when we met her; we were at her house an hour and better; left at 20 minutes past 8; I looked at the clock when we left; I went to work--the next morning; don't think it was far from 6 o'clock when I went over to the place; went up to Burr's Mill--McIntosh and me; I saw Charles in the evening. I was examined the night after the murder, before the Coroner's Jury.
Question--Did you not then state the time you left Job's house the night of the murder ?
Ans.--I forget whether I did or not.
Ques.--Did you not say that you stayed till a little before nine ?
Ans.--I don't remember whether I said so or not.
Ques.--Do you remember about your answer before the Jury the second time ?
Ans.--I told them 20 minutes to nine, but that was a mistake--I told Barzillai McIntosh at the time that I had made a mistake--it was 20 minutes after eight. I was examined before a magistrate after my arrest; think it was three days after my arrest; think I was examined before that by Justice Holeman; I forget whether I did or not say anything about the time I left Job's house.
Ques.--Did you not say on April 2d, before Justice Holeman, that you remained till 20 minutes to 9 and then went home ?
Ans.--I believe I did.
At this point, the Court adjourned till afternoon, when the cross-examination of Ridgway was resumed as follows:
I believe I did say before the Coroner's Inquest, when it met the second time, that I had had no conversation with the family about the murder; I had to talked to Mrs. B. about the blood on Charles' boots, that same evening, going down; I first saw Charles at his father's house the next evening after the murder; it was after he had been before the Inquest; I was in the bar-room when he was before the Inquest. Charles went away some days after the murder; I think it was the next Sunday; he went out West; I did not know he was going away; he was at my house the Sunday after the murder--I forget whether in the forenoon or afternoon; he wasn't there long--a half hour or three quarters; I don't know as his business there was anything particular; we had no talk about his going away; my wife was present; I did not advise Charles to go away.
Ques.--You say that under oath ?
Ans.--I do. When I was brought to Jail I knew Charles was on the road, but didn't know whether he had got here or not; I forget whether constable Warren told me or not--we were talking about itas we were coming down; when the question was asked at my first examination, before Justice Holeman, I told them I didn't know where Charley was; did not tell them where he had gone.
Ques.--What story did you tell Mr. Holeman the first time about the murder ?
Ans.--I think I made the same statement that I did before at Vincentown.
Ques.--What was that ? Ans.--Why that I knew nothing about it; I told him all I knowed about it was what I had heard her (Defendant) say--that she had told me that Charles will was good enough, if he only dare. Ques.--Is that all you told him ?
Ans.--They asked if I had any grounds for that--I told them I didn't know any more than what she told me.
Ques.--Who did you first tell the rest of the story to ?
Ans.--Sam'l. Prickitt; I had been in Jail I forget how long; think between one and two weeks; Charles and I were before Holeman together, when I was first there; I heard this story; it wasn't till after I had heard this story that I told this story to Prickitt. Never had any words between me and my father-in-law; had never said to anybody that he and me couldn't get along very well. I know Solomon Simon; recollect moving a man from Wells' to Irick's; believe Simon's and mine were the only teams that moved him that day; did not tell Simon that me and father could not get along together. I think that after telling this story to Prickitt, I told it next before Mr. Holeman. I don't know what clothes Charley wore out West--I didn't see him go; I had no talk with him about changing his clothes; I never made any threats against Job Brooks; remember asking mother where he was on the occasion spoken of by Catharine Stiles and others; I did not say I would chop his heart into mince-meat and fry his liver on a grid-iron, or words to that effect. I went to see Thomas Gaskill the day before I was brought here to Jail; think it was on Sunday; never went but once to see him on that business; think it was getting dusk when I got to Mrs. Brooks'; she and my wife and wife's grandmother were there; can't say whether Mrs. Brooks got support or not; she and I were out in the yard close to half an hour; it was after supper.
Ques.--Did you not say that evening, you were the only person alive that could hang Charley ?
Ans.--I don't know whether it was that evening or not--I remember saying it; mother, my wife and grand-mother were present; did not say that--I said that I knowed something which if I was to tell, would be apt to hang Charles.
Ques.--Did you not say they were all down on you for persuading Charley to go away, but it was the best thing he could have done or words to that effect ?
Ans.--I did not. Jame Lippincott(surveyor). Dr. Elwell, Wm. T. Jones, Joseph N. Gibbs and Philip S. Lippincott, testified as in the case of Ridgway. Dr. Elwell thought the knife produced in Court and identified by Ridgway, might produce such a wound as was found on the neck of deceased. Burr Montgomery, sworn: I recollect Mrs. Brooks being at my house and having a black eye; it was sometime in the early part of the winter of 1862. (Objected to by Defence--objection overruled and exception taken.) I said you have been in a battle; she said yes; that was all that was said at that time; had a conversation with her the morning after Mr. Brooks was buried; as I was passing her house she came out the gate and stopped me; said she understood Catharine Stiles had been telling something concerning Charles killing his father, at my house; asked me if I knew what it was; told her I did not; said she understood that Mrs. Perrine and Kiz. Darwood had been talking about it; asked if I knew anything about it; I said I didn't know what I did; she said if you do, don't tell anything for my sake, if they ask you anything. On cross-examination, witness said there were some suspicions afloat at that time; he had heard some little talk, but had not heard anything from Mrs. Stiles. Esther Doran testified that at the time of the murder, she lived the next house to Mrs. Brooks as you go from Mrs. B's to Vincentown; Mrs. B was at her house that evening, between 6 and 7 o'clock; went away between 7 and 8; said she had come down after her ducks and thought she would come in and see us before we went away--we were going to move about the 25th of March. Samuel B. D. Prickitt, (Deputy Sheriff) testified to obtaining the knife produced in Court, at the house of the Prisoner, the day she was brought to Jail; it was handed to him by Mrs. Ridgway, when he inquired for it; Charles and Timothy were then in Jail. One afternoon last Summer, witness saw the Prisoner at a Jail window, twisting her handkerchief around, putting it under her chin and raising the two ends above her head; she would then shake her head very strongly; the motions were repeated again and again; Charles and Tim could see it if they were looking.
Crispin Lippincott testified that he was a trustee of the Methodist Church at Vincentown; Mrs. Brooks was a member--Job was not. About a year ago he went to see Mrs. Brooks, and told her Job said he could not live in the way he lived--that if things wasn't better he would make a vendue and break up. Mrs. B said if Job would do his part, she would do hers. David Johnson testified that deceased was about 48 years old and that his wife was some ten years older than he; his weight was about 135 pounds.
Samuel Ross, affirmed: Went with Alfred Moore to Mrs. Brooks' house, after Ridgway was arrested, to inform her of the fact; he was arrested about dusk and we went out immediately afterwards; when she came to the door, Alfred told her they had arrested Timothy and taken him to Mt. Holly; she said, "they have ?" he said yes--they have caught Charley and are on their way home, and have sent in for Timothy to be immediately arrested; she replied "you don't say;" she then commenced talking of Charley--said he was innocent--she knew he was; said he was at home and abed that night before nine o'clock and not out afterwards. Alfred then said it looked very strange--his going away--it looked as if he had done it; she said he would not have gone away had it not been for some persons the day before, down along the ditch, looking at the place, and they advised him to go away; Alfred told her it was very strange a man should be murdered so near his own house and no one know who did it; she then said, if the truth was known, it was two strange men who did it; there was two strange men seen to come up the road that night, and she thought they did it; whoever they were, they slept in their barn that night; she went in there in the morning and saw where they had laid. Witness went at the request of Justice McNinney to apprise Mrs. B. of Ridgway's arrest--and that he would not be at home. Ridgway and wife were staying at their mother's at that time.
Alfred Moore corroborated the testimony of this witness.
Edward Wright and Jacob Brown testified as in the other Trials.
Ann Bowker, sworn: Was at Mrs. Brooks' house the day the body was found; while it was being laid out, witness sat down by Mrs. B. and said she did not expect Job had an enemy in the world--he was such a pleasant, smooth man. Mrs. B. said, yes he has enemies since he got to running to that house over there after Keziah Darwood; she said "he was a very smooth-tongued man; I told him on Saturday that he had licked the blarney-stone pretty near clean and his time was short." Witness asked Mrs. B. for a sheet to put on the table to lay the corpse on; she said there was one in the stand drawer in the middle-room; witness went there and found a sheet and pillow case; nothing in the drawer but these two articles. To the Court--I did not ask her what she meant by his time being short. The witness was then cross-examined as to when she first told this story, &c.
Elizabeth Montgomery, sworn: Wife of Burr Montgomery: Mrs. B. frequently spoke of her husband, at my house; don't recollect anything serious that she said only about the time she had a black eye; she said her mand had hit her; I told her I would sue him; she said if she did she was afraid he would do something worse; remember her once saying something about his throwing a cup of coffee at her. Mrs. Brooks told me about her having her fortune told; can't tell the time--it was in cold weather; said she expected to lose her mother and her husband in the Spring; her mother was to die first. She often talked about Job's running after Keziah Darwood and Becky White. I was at the house the day the body was found: some one asked who she judged for it; she said neither John Brooks or himself; (Witness confirmed Ann Bowker in reference to the remark about the blarney-stone.) I have heard her say that Charles wished his father dead and would kick him in the grave.
On cross-examination, witness said she did not go to church the night of the murder; it was very muddy and dark. Mrs. Leeds and Peter Salter testified as in the case of Ridgway.
Thomas Gaskill testified in relation to the property of the deceased.
Thomas McNinney, sworn: Mrs. Brooks was asked before the Coroner's Jury if Job had any enemies; she said none that she knew of; she was asked who she thought committed the murder; she said she couldn't think of anybody but John Brooks. Witness said she sent for him the day after Job was buried; and enquired if Charles would have the right to bring witnesses before the Inquest to say that some of the persons whom she had heard were going to testify against Charles were not worthy of belief under oath. The Deposition of Defendant before the Inquest, and her examination before the magistrate, were read in evidence, and the State rested.
Mr. Stratton then opened to the Jury the testimony to be offered on behalf of the Prisoner, and called Solomon Simon--who testified to the same effect as in the case of Ridgway, when he was a witness on the part of the State. Ridgway did say at the moving alluded to, that he and his father-in-law hadn't got along very well, but he would fetch that all right in a little while. Martha Perrine and Keziah Darwood testified to the same facts as on the former trials.
Sarah Mason, sworn: Am the mother of Mrs. Brooks; was eighty-three years old last month; lived with Timothy Ridgway at the time of the murder; after the murder, went down to Job's--the day the body was found; stayed there till after Keturah was brought here; Timothy and his wife moved in after awhile; I was present on one occasion when he said he was the instigation of Charles' going away; I was present when Charles said he was going away; his mother opposed his going.
Cross-examined: Tim and his wife moved in according to a previous arrangement before Job's death; think she (Mrs. Brooks) gave Charles a little money when he went away--she hadn't much herself to give. Witness further said it was Charles she heard say that Timothy was the instigation of his going away; didn't recollect hearing Timothy say no.
Sarah Anna Ridgway, sworn: I am the daughter of Keturah Ann Brooks, and the wife of Timothy Ridgway; I was nineteen years old the 20th day of last June; was marrried a year ago the 9th of last March; I was at my father's house in the afternoon of the day he was murdered; it was about 2 o'clock I guess, when I got there; found mother and father there; after I got ther, father went over to John McHenry's; he took a pair of shoes; I was home a little while before supper--don't know the exact time; left no one but mother in he house when I went away; Timothy and I were there again in the evening; he invited me to go to meeting; we went to mother's first; the house was fastened; we then concluded to go on to meeting; when we got between the house and the bridge, we met mother; Tim asked if I cared about going to meeting and I said not; we went back to mother's; stayed till after 8 o'clock and then went away; I went down to mother's the next day, between 2 and 3 o'clock. I know of my mother keeping some bed-linen in the stand drawer in the front room, down stairs; kept it there as long as I can remember; she had a pair of sheets and three or four pillow-cases there; when I was married and went to housekeeping, some of these articles were given to me; they were kept in the stand-drawer at that time. Charles was at our house the Sunday after the murder, in the morning; Timothy was there besides me and Charles; I knew that Charles was going away from home; heard Timothy persuade him to go away; Charles agreed to go, in Timothy's presence. I recollect the night that Timothy went over to see Thomas Gaskill, for my mother; remember when he come home; he got his supper before he went to see Mr. Gaskill; there was a conversation that evening at my mother's; Tim said he had sworn to a lie at the Coroner's Inquest and that there was but one in the world that could hang Charley and that was he; I asked him what for, and he said he wouldn't tell; he said he had heard from Charles, and he told mother he expected she blamed him for Charles going away, but she need to be glad that he had gone; we stayed at mother's at nights at that time; had not moved there.
Cross-examined: Mother saw us out that Sunday night; my husband and myself went right home; we remained at home; went to bed together; left mother's as near as I can tell, 20 minutes past eight; we got home a few minutes before 9, but our clock was about fifteen or twenty minutes too fast.--Husband got his supper at mother's the night he went to Thomas Gaskill's; when he returned, he stated to us all what Gaskill had said to him; mother was present; it was after he had told what Gaskill said, that the talk about Charles took place. Can't tell how long before my father's murder, I looked into the stand-drawer; it was not long before; some pillow-cases and stand-covers were given me out of the drawer, when I went to housekeeping; a pair of sheets and some pillow-cases and one table-cloth and stand-cover were in the drawer, whe I last saw it. I have been four or five times to see mother in jail; have seen Timothy acrosss the jail yard from the entry-window; havn't(sic.) been close to him to shake hands or anything; havn't(sic.) seen mother since the trial was going on--not for better than four weeks.
[Questions were asked witness, whether she was not offended with Timothy for testifying against her mother; whether she hadn't said she wouldn't live with him again &c., and were overruled by the Court.] Charles Brooks was then brought in from the prison and again put on the stand.
Charles Brooks, sworn: I am a prisoner confined in Jail; I was indicted at the last term for the murder of my father; I was tried and found guilty; my mother was not present when my father was killed; she did not aid or assist in his murder in any way:
Question--Do you know who killed him ?
Answer--I expect I done it.
You did kill him then ?
Yes Sir.
Where did you kill him ?
At the corner of the lot.
When ?
The 8th day of March.
What time ?
About a quarter of 9 o'clock in the evening.
How did you kill him ?
With a stick of wood and a knife.
How often did you strike him with the stick of wood ?
Three or four times.
Where did you use the knife--in what part of his body ?
In the neck.
What knife did you use?
A brown bone-handled knife.
Have you got that knife now ?
I have not.
What became of it ?
I throwed it away on the night of the 9th of March, coming from Pemberton to Vincentown.
The night after the murder, was it not ?
Yes sir.
Do you recollect where ?
About 150 yards from the woods, by Samuel Haines'.
When you murdered your father, was your mother present ?
No, sir--no one.
You committed the deed alone, then, without any help, did you ?
Yes, sir.
What did you do with his murdered body ?
Put it down in the ditch.
Did anybody assist you in that or did you do it alone ? Cross-examined: I was at Samuel Norcross' the day of the murder; I left Tim at Irick's lane-end; I took 22 or 23 dollars to the West; got it of mother; I believe I was examined as a witness in Ridgway's case, last week.
Didn't you then say you did not murder your father ?
I believe I did.
Were you on your oath ?
Yes, sir.
Didn't you say then you didn't know anything about it ?
I don't remember--I might have said so; I don't remember anything two hours at a time.
Haven't you made a different statement from what you did to Hulme, Holeman and McNinney ?
I thought there was some chance of getting clear--but I find there ain't, and I might as well come out and tell the truth.
Did you not tell Hulme, McNinney and Holeman, that you struck your father with a club and then ran home ? I believe I did.
Did you not say you saw some one come up you thought was Tim Ridgway ?
I might--I don't remember.
Did you not tell Thomas Bodine a different story from what you now tell ?
I don't know.
What induces you now to tell what you do ?
Well, I thought awhile there might be some chance to get clear or go to State's Prison; but I find there ain't, and so I made up my mind to come out and tell the truth, and that's what I have done.
(Stick of wood shown.) Is that the club you had ?
No, sir.
Where did you get the club ?
From Dr. Woolston's wood-pile.
What did you do with it after the murder ?
I put it on the wood-pile at home. It was a stick about the size of that, but a lighter wood; I took it and put it under the woodpile next morning; there was some blood on it; I don' know about any sand or hair on it--didn't look to see; saw it was split. I don't know whether I said to McNinney or not that Tim Ridgway put me up to the murder.
How did you get him to the ditch ?
I drug him there.
How ?
I took him by the shoulders and drug him. I don't know who I first told that I killed my father; don't know when; don't know whether I told anybody before I went away; or anybody out West; don't remember who I first told after I came back; think I told George Hulme of it first, on the road from New Albany to Salem; it is more than I can tell what I told him; don't think I made the same statement then as now; don't know who I next told; I told Mr. Stratton the statement I have now now made, before I came on the stand; think it was yesterday; don't know as I do recollect what I said last week as a witness under oath; think I did then swear I knew nothing about the matter; don' think I ever told anybody this statement before I told Mr. Stratton; there has been a few words said across there (in Jail) by mother, but I don't remember what it was now; think she told me one night, if I done it to own to it--if I didn't, to deny it to the last; don't remember of anything else; I never told my mother that I killed my father; I believe I told her I was going away, when she gave me the money-- was what I wanted it for; told her I was going out West; believe I told her I was afraid the was going to take me up--or something of the kind; told her about three hours before I went; didn't tell her the particular place I was going to--I didn't know where Frank Hilliard lived, or I'd have gone to a more particular place than that; mother paused before she gave me the money and said I had better not go. After I killed my father I went home and went to bed; I passed my mother's bed; don't remember whether I said anything to her or not;
[Answer to question by a Juror.] I got no blood on my clothes except on my pocket where I put the knife. My father did not speak after I struck him; I don't remember hearing anybody call "Brooksey" that night; don't think I said anything to father before I struck him; stood behind him; I don't know how I came to fix on that night to kill him--spose the notion took me; after I put him in the ditch I took the hat and laid it on his head; don't know whether the hat came off when I struck him or not--guess it did though; I don't know why I took him to the ditch; after I got him to the edge of the ditch, I took him by the heels and pulled him down; the knife was father's; I got it off the mantel-piece at home; I had carried it for several days; No one advised me to make the statement I have made here today.
Mr. Stratton:--Charles, I advised you to tell the truth, the whole truth and nothing else, didn't I ?
Yes, sir.
To the Court: I don't remember mother ever telling me not to tell on her.
You say you find now that you have no chance, and so you tell the truth--do you remember my telling you when you were on the witness-stand, last week, that it would be the painful duty of the Court to sentence you to death at the present term, and my adjuring you to tell the truth ?
Ans.--I believe there was something said like that.
Does your position differ now from what it was at that time ?
Ans.--I don't know that it does.
Brooks was then taken back to prison.
Thomas Gaskill testified that he in company with three other gentlemen, searched the house of the deceased, between 3 and 4 o'clock the day the body was found; the prisoner made no objection to our searching anywhere; gave up the keys.
Catharine Carrigan testified that she went to the house Monday afternoon; remained till the next Sunday; assisted in the washing the day after the funeral; washed the clothes Job was murdered in; saw no other bloody clothes. The Defence offered in evidence the two depositons of Ridgway before the Coroner's Inquest and his first examination before Justice Holeman. They were read and the Defence rested. Adjourned till morning. The arguments of Counsel occupied the time of the Court's sitting on Friday. Judge Van Dyke concluded his Charge to the Jury, and they retired at 61/2 in the evening. They came into Court about 10 o'clock, on Saturday morning, representing their inability to agree upon a verdict. The Court addressed them a few words upon the importance of the case being decided, and they again retired.
At 1 o'clock they rendered a Verdict of NOT GUILTY.
Dec 17, 1863:
The execution of Charles H. Brooks, for the murder of his father, Job Brooks, near Vincentown, in this County, on the 12th of March, 1863, took place in the yard of the County Jail, in Mount Holly, on Friday last(December 11, 1863). The circumstances connected with the murder; the finding of the body of deceased in a ditch by the roadside and near his own residence; the suspicions excited against members of his family; the flight of his son Charles a week after the murder; his subsequent arrest near Salem, Ohio; his confession implicating his brother-in-law, Timothy Ridgway, as a confederate in the crime, and as the person at whose instigation it was committed; the subsequent arrest of Ridgway; his denial at first of any knowledge of the perpetrators of the deed and then his statement representing that his mother-in-law, the widow of the murdered man, had confessed to him that she and her son Charles killed her husband; the arrest of Mrs. Brooks; the incarceration of the three in the County Prison; the subsequent retraction by Brooks of his first confession, and denial of his guilt; his trial and conviction at the April Term of the Court; the trial of Ridgway at the September Term; the testimony of Brooks in his behalf, alleging that his former confession was false; and that neither he nor Ridgway had anything to do with the murder; the acquittal of the latter; the trial of Mrs. Brooks and her acquittal upon the testimony of her son that he alone perpetrated the foul deed--all these are familiar to the minds of our readers.
CONDUCT OF THE PRISONER
Throughout the time of his imprisonment--whether before or after his sentence--or on his trial--Brooks displayed a most astounding callousness of feeling, an utter lack of appreciation of the enormity of his offence, or realization of his awful situation, with a total disregard of the consequences of his crimes, either in this world or the next. He was visited by Rev. R. V. Lawrence of the Methodist Church, Rev. S. Aaron, of the Baptist Church, Rev. D. W. C. Byllesby, of Trinity Church, and William Doran and others of the Society of Friends. All these endeavored to bring him to a realizing sense of his condition, but apparently without any effect. The only time he evinced any marked emotion was about a week before his execution, when he was informed that the efforts in his behalf before the Court of Pardons had been unsuccesful. From first time to last during his confinement, he gave his keepers very little trouble--and made no attempt whatever so far as can be ascertained, to effect his escape from prison.
VISIT OF HIS MOTHER AND SISTER. On Wednesday afternoon, the mother and sister of the condemned, visited him for the last time. He received his sister in an affectionate manner and talked with her in a pleasant way for a quarter of an hour. Upon her departure he gave her his pocket-book and also told her she was to have his watch after his death. He did not appear at all affected at parting with her, but was as stoical as ever. His mother he was averse to seeing at all, and refused to let her kiss him--telling her to "go away, I want nothing to do with you."
HIS DEMEANOR ON THURSDAY
He comported himself with the same singular levity and seeming indifference to his fate, on the day previous to his execution, that he had during his whole confinement. In an interview with him, had by a member of the Press, and another gentleman, on Thursday afternoon, he said, in response to a remark of one of them in reference to his good spirits, that a man "might as well be merry as sad--you can't die but once," and further said "the Sheriff takes it harder than I do." The remark was then made to him that he would be willing to exchange places with the Sheriff, to which he responded with a smile, "Yes, if I could get his salary." In reply to a question as to whether he had it in his mind to kill his father when he (Charles) was at Church that Sunday night, he said no--he would have been home and abed, if he hadn't met with Tim at the corner of the lot--Tim pestered him to do it right away, and kind of pushed him into it; he struck his father on the spur of the moment and then ran home. Being asked if Tim then cut his throat and put the body in the ditch, he replied "yes, he did." He was then asked where he got the club. He said, Tim had it at the corner of the lot.--Reference was then made to his written confession in which he admitted that he did the deed himself. To this, he said he didn't suppose people would believe him anyhow if he changed his story again, and so he wrote down the same on that point as he swore to on the trial of his mother. He further said: "I guess I won't say anything to-morrow, for people won't believe me: but I'll see how I feel--if they don't get me worked up, I'll tell about it." Allusion being made to the cry of "Brooksey," said to have been heard by one or both of two women who testified to it on the trials, he said "I heard no such cry--there was none--and they couldn't have heard it from where they were, anyhow." He said he and his father always got along well enough together. Being asked if his mother had been a good mother to him, he replied with some hesitation: "tolerable." He made no reference to her in connection with the murder during the interview. Upon being told that it would have been better for him to have always told the truth in relation to the murder, he rejoined that the Judge told him before he testified in Ridgway's case, that he would be sentenced to be hung anyhow. In reference to going to the State Prison for life, he said he would rather be hanged. The question being asked him, in view of some verses entitled "One Glass More," which he had composed or transcribed, and presented to the Turnkey of the prison, whether he attributed his present situation in any degree to the use of liquor, he answered, "yes"--and further said he had been drinking the night of the murder. He said he didn't know that he ever got enough to make him stagger; he never drank so as to prevent his attending to his work; he used to get "pretty well yorked" (as he expressed it), sometimes on Saturday night, but he "laid by" on Sunday, and was "all right" Monday morning. He said he "could stand a good deal" of liquor, and told with great glee of himself and a companion having one afternoon drank three quarts of whiskey between them. Being inquired of in relation to his education, he said he had been to six or seven different "masters" and spoke of two of them by name as first-rate teachers, particularly praising one for his skill in arithmetic. Allusion being made to his writing a good hand, he said he "couldn't write much now," and being asked if his hand trembl ed, he replied that it did. He seemed vain, however, of his strength of nerve, remarking in the course of the conversation, that "few young fellos" were "so nervey" as he, and that he never knew that he was so much so till he once tried a galvanic battery (as appeared by his description) and found he could stand a heavier shock than any other in the company. He talked freely and good-humoredly during the whole interview. Some of his remarks were of a disgustingly obscene character--showing that the prayers and admonitions of the Clergy--one of whom had been with him but a short hour before--had made no impression whatever upon his depraved nature. He seemed to cherish a feeling of regret or chagrin that he had made the confession he did on first being arrested--saying "they couldn't have done anything with me if it hadn't been for that--there was no blood found on my clothes, and they couldn't prove anything against me," and manifested some resentment towards those who (as he expressed it) "pumped it out of" him. He further said in this connection, "If I knowed as much as I do now, I'd have shipped for England and from there to Australia, and from there somewhere else, and I'd have give 'em a good chase after me, I guess." As the gentleman parted with him, one of them told him he would see him again in the morning, and enquired if there was anything he would like to have. He replied "no, not that I know of," presently adding "you may bring me up a quart, if you like." He talked to all who saw him, on Thursday, in the same indifferent, unfeeling way.
MORNING OF THE EXECUTION.
Brooks ate as much breakfast as usual on Friday morning, and told the Sheriff that he had rested well during the night. One of his Counsel, Mr. Stratton, visited him during the morning, and exhorted him if he said anything under the gallows, for this time at least, to tell the truth. The prisoner said nothing in reply. At half-past nine o'clock, Rev. R. V. Lawrence, Pastor of the Methodist Church, in this town(Mount Holly), and William Doran, of the Society of Friends, who had been most faithful and untiring in their spiritual labors with the prisoner for weeks prior to the execution visited his cell and engaged in religious exercises with him for half an hour. All their prayers, exhortations, arguments and entreaties made little, if any, perceptible impression upon the hard heart of the criminal. At half-past 11 o'clock, the Sheriff repaired to the cell of the condemned, to prepare him for execution--accompanied by the clergy, members of the Press and others.--The Sheriff asked if he was ready, to which he replied, 'Oh yes, I am ready any time.' Messrs. Lawrence and Doran again spoke to him of the nearness of his doom, and exhorted him to a speedy repentance, but without effect. Prayer was then offered up. At the conclusion of the prayer, the Sheriff placed the noose round the neck of the prisoner, and placed the black cap on his head. His arms had been previously pinioned. A shawl was thrown over his shoulders and he was ready for THE EXECUTION.
The procession, headed by the condemned man in the custody of the Sheriff, and comprising the clergy, Sheriffs of Middlesex, Mercer, Hunterdon and Monmouth, and members of the Press, then moved on its course down to the basement of the prison, into the yard, and to the gallows, which had been erected in the rear of the south wing of the prison. Brooks walked with a firm step and displayed no apparent trepidation. The gallows (which was the same that Philip Lynch was executed upon) was surrounded by the Union Guards, Capt. Laumaster, of this place(Mount Holly), in the form of a hollow square. Behind "The Guards," were collected some six or seven hundred people.--The prisoner took his position on the platform under the gallows, at twenty minutes past twelve o'clock. Immediately around the gallows, were the constables of the County, with their staffs. The Sheriff stood on the platform beside the prisoner, and in the open spaces in front, were seated his spiritual advisers, physicians, and members of the press. The Sheriff then asked Brooks if he had anything to say. He proceeded to speak in a voice slightly tremulous, nearly as follows: "I stand here upon this platform to be executed for the murder of my father. I have beeen led to this dreadful crime by Timothy Ridgway. He is the guilty man of this murder. According to what the witnesses brought in against me at the Court House, I struck the first blow. I acknowledge it; and that is all I done. Tim Ridgway was at the corner of the lot when I come up. I was drunk. He gave me the club and I knocked my father down and Tim put him out of the way. I have been urged ever since November, 1861, to do this deed. I have been urged by Tim and my mother both. Tim Ridgway is the one that should stand here to be executed. Tim and my mother have talked to me about this affair. Tim Ridgway has coaxed me all the time to kill my father. [He here reiterated his former statement about Ridgway advising him to leave home after the murder.] Since I was in that prison and had my trial, Tim Ridgway and I talked about this affair. Tim made me believe if I said I knew nothing about it, they would have to give me a new trial. He said there was no help for it. My mother used to write letters to me over and over again, and she has offered me fifty dollars to say she had nothing to do with it. Tim told me to say I was put up by Geo. Hulme and Sheriff Leeds to say what I did before I got back to New Jersey. Tim Ridgway and my mother are the very ones who should stand here--and if justice was done they would suffer instead of me. They are two guilty rogues, or rascals, or whatever else you may call them, who should stand in my place to-day. I know that Tim Ridgway and my mother have talked a long time about killing my father. My mother has tormented my father for years. She has been to fortune-tellers and believes everything they say.--She believes in witchcraft too. She used to cut pieces off of my father's coat, and cut off his hair. I never knew what it was done for, I never heard her say." The prisoner here made a pause, and the Sheriff asked him if he had said all he wished to. He replied "I guess so."
The Rev. Mr. Lawrence then advanced to the platform and read the fifty-first Psalm of David, after which he requested the condemned man to kneel, which he did, and the Reverend gentleman kneeling by his side, offered up a solemn and impressive prayer--those immediately surrounding the gallows, kneeling about him. During the prayer, Brooks was noticed to look intently for a moment or two upon the rope hanging above his head. At the conclusion of the prayer, Mr. Lawrence, Friend Doran, and a few others, shook hands with the prisoner--the Sheriff adjusted the noose and pulled the black cap over his face. He then stepped to the side of the platform, touched the treadle or lever with his foot and the guilty man hung suspended in the air. For a few seconds there was but little movement of the body, when it trembled and quivered for a few moments and then hung motionless. In a little over five minutes after the hanging, the pulse ceased to beat; the heart in thirteen minutes. After hanging about half an hour, the body was taken down and placed in a coffin, and shortly after conveyed in a hearse to Vincentown, where it was interred in the family lot in the Methodist Burial Ground. Sheriff Lippincott performed his sad and painful duty with firmness and self-possession and yet in a humane and feeling manner. Being enquired of just previous to the execution, in reference to his feelings in view of the duty he had to discharge, he expressed his sorrow for the young man--and added the appropriate remark: "The Sheriff of the County is to be his Executioner--not William C. Lippincott."
SKETCH OF BROOKS
Brooks was born at Vincentown, and at the time of his death, was not quite twenty-three years of age. He was a stout, compactly-built man, about five feet six inches in height, and weighed according to his own account, as high as 165 pounds. He had bright eyes, a ruddy complexion, and his whole appearance was that of one who enjoyed excellent health. He had received a pretty good common-school education, wrote a plain hand, and spelled with general correctness. He usually worked as a farm-hand, but at one time, owned a team of horses and was engaged in carting straw to Philadelphia. Of a pliable disposition, and easily influenced, he appears to have fallen victim to bad company, vicious and depraved habits, long indulged--a bad parental example on one hand, and the absence of proper parental restraint on the other. Although he acted throughout his imprisonment and up to the moment of his execution, in a manner evincing in the eyes of casual observers, the most unfeeling levity and indifference to his fate, yet his spiritual advisers who had observed him closely for weeks, thought they could see in him some signs of penitence, just before his execution. He occasionally read the Scriptures, and on one occasion was found perusing attentively a particular chapter of the Bible, which had been recommended to his attention. The Sheriff also thought his spirit much broken on the morning of the execution.
The following verses copied by the unfortunate young man from books or papers in his possession, and altered in several places to suit his own case, induce the belief that his constant cheerfulness of manner in the presence of others, was in some degree forced, and that in the solitude of his cell he had some moments of penitence and remorse.
THE ROAD THAT LEADS TO DESTRUCTION.
Stay, mortal sty, nor heeless thus / Thy sure destruction seal. / Within that cup there lurks a curse, / Which all who drink shall feel. / Disease and death for ever nigh, / Stand ready at the door, / And eager wait to hear the cry / Of give me one glass more. // Go view this prisoner's gloomy cell, / My sin and misery scan; / Gaze, gaze, upon these earthly hells-- / In drinking, my woes began. / Were yonder children, bathed in tears, / Asked why is father poor, / They'd whisper in thy startled ears, / 'Twas father's one glass more. // Stay mortal stay, repent, return. / Reflect upon my fate. / The poisonous draught forever spurn, / Oh! spurn! before it is too late. / Do not fly to the horrid hotel then, / Nor linger at the door, / Lest you perchance should sip again / The treachorous one glass more.
UNDER THE FEELINGS OF DEATH.
The damps of earth are on my brow, the chill is in my heart, / My blood has almost ceased to flow, my hopes of life depart; / The valley and the shadow before me open wide, / But Thou, oh Lord, e'en there, will be my guardian and my guide, / For what is pain if Thou art nigh, its bitterness to quell, / And where death's boasted victory, his last triumphant spell. / Oh, Saviour, in that hour, when mortal strength is nought, / When nature's agony comes on and every anguished thought / Springs in the breaking heart, / a source of darkest woe, / Be nigh unto my soul nor permit the floods o'erflow. / To Thee--to Thee alone, dare I raise my dying eyes, / Thou did'st for all atone, by Thy wondrous sacrifice. / Oh! in Thy mercy's richness extend thy smiles on me, / And let my soul outspeak Thy praise, throughout eternity. / Death is now certainly near at hand, but my sentiments remain unchanged. / Why should we mourn departed friends, or shake at death's alarm, Death's but the servant Jesus sends, to call them to his arms.
In 1893, the Mirror recounted the execution of Brooks once again, adding a few more details:
Charles Brooks was the next one. On March 12th, 1863, he killed his father, near Vincentown, with a club. He fled, was captured, and then made a confession in which he implicated his mother, Keturah Brooks, and his brother-in-law, Timothy Ridgway. He was tried and convicted mainly upon the evidence of two persons whom he charged with being participators in the crime.-- They were also indicted and tried, but both were acquitted. He was executed on Friday, December 11th, 1863. The same gallows were used upon which Lynch expiated his crime. Up on the gallows, after prayer by Rev. R. V. Lawrence and William Doran of the Society of Friends, Brooks made a short address in which he insisted that he was urged to commit the crime by his mother and brother-in-law, that they had been at him for two years to commit the deed. He admitted felling the old man with the club, but his mother and Ridgway finished him. He said they should be upon the scaffold instead of him. Brooks was born at Vincentown and was not quite 23 years old when he paid the penalty. It was thought he was of weak mind. Over 700 people witnessed the execution, besides the two military organizations that were present when Lynch was executed. The Sheriff was William C. Lippincott. As he was about to cut the rope he said, "The Sheriff of the county is his executioner--not William C. Lippincott." Barclay Peak was convicted of murder in the first degree for killing Katie Anderson, and sentenced to be hanged, but he secured a new trial and pleading guilty to murder in the second degree was sentenced to 20 years in State prison. Nearly thirty years have elapsed since the last execution took place in this county(Burlington County, New Jersey), the preparations for Warner's hanging will of necessity be complete, requiring everything to be prepared new, as none of the old paraphernalia in existence is fit to use.
NOTES:
Regarding the various names mentioned throughout the story above, I have attempted to find out as much as I can about each person and present it below.
Tim Ridgway I have not found his census entry yet...he was apparently NOT living with Barzillai McIntyre in 1860. Job Brooks:
Job Brook's census entry:
In 1860, Job Brooks was 45 years old and working as a shoemaker in Southampton Township. His wife was listed as "Kitty Ann", age 47. Their daughter, Sarah Ann, was 16, so it appears she married Ridgway sometime between 1860 and 1863. (In fact, the New Jersey Mirror announced their wedding on 20 Mar 1862: "On the 9th instant(March, 1862), by Rev. I. D. King, Mr. Timothy Ridgway to Miss Sarah A. Brooks, both of Vincentown."
Regarding the jury, this is what I was able to find out about each of them:
Daniel Gibbs: In 1860, he lived in Pemberton Township. At the time of the trial,he was about 28 years old. In 1860, he worked as a merchant. He was married to Mary E. Gibbs, and had a son, Benjamin Gibbs, who would have been around 4 at the time of the trial.
In 1870, he and Mary still lived in Pemberton. He was in the 'retail dry goods' business at that time. Benjamin was still with them, now aged 11; another son, Stacy William Gibbs, lived there, age 8 (which means he was born very close to the time of the trial--Mary may well have been pregnant during the trial.) They also had a four year old daughter, Laura, and a 20 year old domestic servant.
In 1880, the Gibbs were still in Pemberton: Daniel, Mary, Benjamin (now a clerk in his father' store), Stacy W., (18 years old and attending school), Laura (now 13, and in school), and daughter Bertha, 7, and Daniel, 1. Martha Singleton, age 22, was there domestic servant.
Albert Middleton: In 1860, he lived in Lumberton Township. He was married to Ann P. Middleton. At the time of the trial Albert was around 46, his wife around 43. Their daughter, Emma, would have been about 17 and son Walter would have been around 15. At the time of the 1860 census, Albert was employed as a carpenter.
Joseph G. Lee: At the time of the trial, he would have been about 31, as was his wife, Caroline E. At the time of the 1860 census, Joseph worked in Pemberton as a blacksmith.
Joel Mount: I found him on the 1860 census in Springfield Township, working as a cabinetmaker. At the time of the trial, he was about 53, and his wife, Mary, about 50. In 1860, their daughter Anna, age 22, lived at home and worked as a dressmaker.
Joseph N. Gibbs: In 1860, he was a master carpenter in Springfield Township. He would have been about 24 at the time of the trial; his wife, Hannah would be about 22. At that time, their daughter Josephine was probably about 3. In 1860 an apprentice carpenter, Montgomery Page, 18, lived with the family.
Franklin Antrim: At the time of the murders, Franklin was a farmer in Southampton Township; he was 36, and his wife, Elizabeth, about 25. In 1860, a number of people lived with the Antrims: Geo. W. Curlis, 34; Coffin W. Albertson, 17; and Catherine Bowker, 35.
Regarding some of the other players in this drama, I have thus far learned tidbits about some of them as well:
Arthur Haines: According to the 1860 census, Mr.Haines lived next door to (or across from?) the victim, Job Brooks. Haines was 58 in 1860, and worked as a tanner. He was married to 50 year old Hannah, and a boy named Stacy F. Haines, 21, also lived there, presumably their son. If the census is to be believed, he had one of the most valuable properties in the township at nearly $10,000 (compared with the $800 value listed for Job Brooks' property). In 1860, a 20 year old woman named Mary Ann Taylor lived with the Haines, as did Thos. B. Bennett, 33, Anna L. Moore, 11, and Mo. W. Wnderson, 10. Their relation to Mr. Haines is not clear.
About five years before the trial, the Haines had lost one of their children, according to the 14 Oct 1858 Mirror:
On the 5th instant(October 5, 1858), in the 17th year of her age, RACHEL R. HAINES, daughter of Arthur H. and Hannah E. Haines, of Vincentown. Sad indeed it is to us, to record the death of one so lately among us, in all the bloom of health and youth. To speak of her loveliness of character, and of her sterling virtues, would seem unnecessary. "To know her, was to love her--to name her was to praise." Unsearchable are the ways of the Almight Father of the Universe. This only and beloved daughter, snatched away from all that seemed to make life desirable, at a time when her devoted parents had begun to realize that they had not bestowed labour upon her in vain, is another call to us, to set not our affections upon things on the earth. Yet, we would say to her sorrowing relatives and friends. "Mourn no as those that have no hope." But would offer to them the words of "Christ the Resurrection and the Life." "The mind is not dead, but sleepeth." A. B. Vincentown, Oct. 11, 1858.
Hannah died two years after the trial, in June of 1865 according to her obit in the Mirror. Arthur would live on until 6 Aug 1869, when he died at Vincentown.
Mark Venable: He shows up on the 1860 census for Southampton Township. He was 32, then, so he was around 34 when he came upon the body of Job Brooks that spring morning. Mark worked as a tanner, and he was married to Martha, who was younger than he by five years. They had a son, John, who would have been about ten at the time of the trial. In 1860, a woman named Hannah Powell, age 47, lived with Mark and his wife. She worked as a seamstress.
James Lippincott: In 1860, he lived with a large family in Southampton Twp where he worked as a 'master farmer'. He was 35 in 1860, and his wife, Mary Ann, was 31. They had a number of children:
Sarah Ann Lippincott, 13
Abigail Lippincott, 11
Susan Lippincott, 9
Ellen Lippincott, 7
Julia Lippincott, 4
James Lippincott, 2
Anna Lippincott, 7 mos.
Also in the home was a 54 year old woman named Rebecca Wright, and an 80 year old man (his father?) named Samuel Lippincott, aged 80. There were also a few individuals who may not have been related, but it's not clear who they were:
Elias Rogers, age 20
John Wickwood, age 17
Isaac Nixon, age 12
Esther Rogers, age 15
Jacob Seeds: There was a 54 year old farmer in Pemberton on the 1860 Census, but it's not possible to know if this is the same man referred to. I have thus far found no other man by that name, though at the time of the murder he would have been 56, which seems a bit young to refer to as an 'old man', but not impossible.
Samuel Norcross: Samuel Norcross lived in Southampton Twp in 1860, though he was not an immediate neighbor to the victim. In 1860, he was a 'master farmer', at 37 years old. His wife, Mary Ann, was 34. They had 5 children: Joseph Norcross, 14; Mary Anna Norcross, 12; Samuel B. Norcross, 9;Henry W. Norcross, 7;and Sarah E. Norcross, 5.
Barzillai McIntyre: In 1860, he lived next door to Rebecca White, one of the women Job Brooks was supposedly 'going after'. It was in McIntyre's house that Timothy Ridgway was said to be living in 1863 when the murders happened. In 1860, McIntyre was 33 years old and worked as a teamster. He lived with Nancy, 21, Alexander McIntyre, 8, and Anna McIntyre, 4, and one month old Sallie A. McIntyre. He lived just a few houses up the road from Mark Venable. In 1863, Ridgeway was not to be found in his home (or anywhere else on the census). (Actually, the family name is most likely McIntosh--it's spelled that way in most of the court records and the census, it's most likley a reporter's error that initially referred to him as McIntyre).
Alexander Elwell: On the 1860 census, the physician who would examine Job's dead body in 1863 lived just three houses away from Mr. Brooks. He first arrived in Vincentown in 1847, according to an ad he took out in the Mirror on May 27, 1847 announcing his practice:
"Dr. Alexander Elwell, takes this method of informing the citizens of Vincentown and vicinity that he has located at the above name place, and will at all times be ready to attend to calls. Office at the residence of J. G. Prickitt, Esq., Vincentown.".
At the time of the murder, Dr. Elwell was about 37. He lived with Lydia Elwell, 7 years younger than he. (Their marriage was announced in the Mirror on 20 Feb 1851:"On Wednesday evening, the 12th instant(February, 1851), by Rev. George Hughes, Dr. ALEXANDER ELWELL, of Vincentown, to Miss LYDIA B. ROGERS, of Mount Holly. We received some delicious cake from the happy pair, for which they will please accept our thanks. May their "journey of life" be of the most pleasant nature, and not a cloud appear to dim the brightness of their matrimonial sky.") There were two children, Margaret and Japhet Haines, 14 and 13 in 1860. Perhaps they were children from a prior marriage of Lydia's? She would have to have been about 14 or15 when she bore Margaret, which seems unlikely, but it's not clear who they are or how they are related to the Elwells. The same is true of 7 year old Anna Clement, who also lived with the Elwell family in 1860.
The doctor lived in the area for many years after the trial, as his obituary in the Mirror of 23 Jan 1889 attests to:
"Near Ewansville, January 19th, 1889, Dr. Alexander Elwell, of Vincentown, aged 65 years".
Samuel Woolston: Woolston, the other physician mentioned in the article, was also a Southampton relative, though he lived quite a ways down the census from Brooks and Elwell. (According to an 1876 map of Vincentown, he actually lived two doors down from Elwell on Mill Street. Whether that was the case in 1863 is unknown, but their census entries are quite a few pages away from one another on the 1860 census.)He was well off, with $6000 worth of real estate, a piece of property more than 7 times the property Brooks was supposedly murdered for. In 1860, Woolston was 55, and his wife, Anna, was 56. They had a number of children with them as well: Sarah, age 29, and Louisa, age 17. There was also 16 year old Charles Brown and 15 year old Kitturah Minnie, as well as a 65 year old woman named Sarah A. Kempton.
Photos of Samuel Woolston's home as it appeared in 1876, and at a later but unspecified date.
According to Woodward and Hagerman, writing in 1883:
" Dr. Samuel Woolston, who deceased aged over seventy years, deserves more than a passing notice. Born upon a farm, he early developed great mechanical and scientific skill, and finally studied medicine and became one of the finest and most successful practitioners of his profession. Imbibing, however, such a strong desire for invention, he spent his vast earnings and handsome competency in many patents, many of which have become important, but not through his hands. Being of a confiding disposition, he showed his works to all, and some of his auditors, borrowing his ideas, profited largely by his genius. In church matters he took a great interest, and aided largely in establishing both the Methodist Episcopal and Protestant Episcopal Churches. He died honored and beloved by all"
Thomas Gaskill There were two Thomas Gaskills in Southampton Township in 1860; one was a farmer,and one was a constable. It seems likely that the former is who they were referring to, as it doesn't seem likely one would attempt to use the constable as part of an alibi, but that's just speculation. Both homes were far enough away from the Brooks residence to be possible candidates.
Ephraim Farr: He lived in Southampton Twp in 1860, when he was 27. Eprhaim was an Irish immigrant, and he worked as a laborer in an unknown industry. He was married to Hannah Farr, 25 (also an Irish immigrant), and they had children Robert Farr (5) and George Farr (2). As both children were born in New Jersey, we know that Ephraim and wife presumably immigrated sometime prior to 1855.
Rebecca White: In 1860, she lived in the same home (though listed as a different family #) as 78 year old Anna Jones. Rebecca herself was 51, and had children Mary White (19) and Sallie A. White (15). Presumably she was a widow, as no husband is listed with her, and she claimed to own real estate worth $100. Of note also is that she lived next door to Barzillai McIntosh, in whose home Timothy Ridgway would come to live by 1863.
Franklin Hilliard: He ran a drug store in Vincentown. More info on his store can be found at this site
John Irick: He lived in Vincentown at a home called Locust Hill, on Retreat Road. A nice photo from the approximate time period of the trial can be seen here. According to that site, John S. Irick (also called General Irick) at one point ran an applejack distillery in Vincentown, on the site that would become the Water Company in 1896.
In 1883, Woodward and Hagerman described him thusly:
"Among the other leading citizens who deserve mention here is Gen. John S. Irick. To his efforts in a great measure are the citizens of Vincentown mainly indebted for their extensive public improvements. He is president of the railroad, the Marl Company, and the First National Bank. He is now seventy years of age, and apparently still in the prime of life, attending closely to his business affairs and taking great interest in all public matters. He was thrice elected to the Legislature, and during the Rebellion of 1861 was an earnest Unionist, and rendered valuable assistance to Governors Olden and Parker. His father was Gen. William Irick (1st), who was also a leading man of his day, being a surveyor and general business man of the neighborhood. He was elected several times to the Council of New Jersey, and held many local positions of honor, among which was president of the old Farmers’ Bank of Mount Holly, and president of the Board of Council of Proprietors of West New Jersey. Early manifesting a military taste, he joined the military organization of the State, and became a major-general of militia. During the war of 1812 he was ordered to Fort Byllinge, where he assumed command; but the was soon closed, and he was not called into active service."
Irick had a brother, General William Irick, who, according to Hagerman and Woodward:
"..followed in the footsteps of his father, and became a man of business; elected to the Council of New Jersey; a candidate for Congress (being defeated by Hon. George Sykes); president of the Burlington County Bank at Medford; besides holding many other important trusts. He died in 1865, at the close of the Rebellion, and the greatest regret of his life was that his feeble health prevented him from taking an active part in defense of his common country. But he did the next best thing, by loaning a portion of his ample fortune to the general government. It is said of Gen. William Irick that he never said no to a friend in distress. He died leaving four daughters, all married, and one son, William John Irick, who now owns the greater part of the Indian lands spoken of in this history."
John Irick's son, Henry, is also mentioned by Woodward:
"Hon. Henry J. Irick, eldest son of Gen. John S. Irick, inheriting the love of public life from his ancestors, is among those who take a lively interest in all public matters. He is a surveyor and general business man of the township, and treasurer of the Railroad and Marl Company. In the fall of 1861 he was elected to the State Legislature, and twice successively re-elected, taking an active and earnest part in the great interests then taking place. In the fall of 1867 he was the candidate of the Republicans of this county for State senator. Though running largely ahead of his ticket, under the banner of universal suffrage, he was defeated by Hon. Job H. Gaskill. In 1870, he was again the Republican candidate for State senator, and triumphantly elected."
John Irick was also a charter member of the Burlington County Timber Protective Company, organized in Apr 1880 at Mt. Holly. The objects of this society are the detecting and arresting of timber-thieves, and the prosecution of those buying stole timber, logs, wood, rails, posts, lumber, herbage, and cranberry vines, ferreting out and arresting incendiaries of pine and cedar timber, wood, and lumber. Its necessity arose from the immense losses incurred each year from the depredation of thieves and incendiaries in the forests of Burlington and adjoining counties, and it has resulted in largely protecting the property of its members, which own a large portion of what are called the pine lands of New Jersey.
His brother, William, and son, Henry, were also members.
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