1898: Marion (Peg-leg) Brown
Witnesses
Timeline
Witnessess
Trial
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Marion Brown was dramatically captured and returned to London, Ontario for trial. The Crown Attorney, Mr. Lount, called between 80 and 90 witnesses. Some of these witnesses are highlighted below.
Witnesses for the Crown
Frederick Alberstadt A watchman at the Colborne Street crossing, who also had a peg-leg. He testified at the trial of Marion Brown that on the evening of June 24, 1898, at approximately 8:35 p.m., he had seen a tramp walking along the railway tracks, from the direction of Waterloo Street. George Arnott Resided at 550 Ontario Street, saw Peg-leg Brown walk up Ontario Street shortly after 9 p.m. on June 24. Cuthbert Ball A 13 year old boy who lived at 528 Ontario Street. While with some friends, he heard the shots being fired, and then heard someone groaning. Thomas J. Basham A 28 year old man who was born in Arkansas. He became a jailer and deputy sheriff in Georgetown, and later was the County Marshal in Traverstown, Texas. He had known Marion Brown for about six to eight years. Brown escaped from prison while Mr. Basham was working in Georgetown. He told the court how Brown managed his escape by planning a sham fight with the other prisoners. When Mr. Basham stepped in to break up the fight, Brown took both his revolver and his watch, and successfully escaped from prison. Mr. Basham also testified that one day he saw Brown jump onto a train while it was traveling at a speed somewhere between 15 and 25 miles per hour. He was also able to identify the hat that was found at the crime scene as the same hat that Brown used to wear. Nathaniel Boyd A switchman on the Grand Trunk Railway at Port Huron, who thought he recognized Brown. Mrs. L. Brierly Lived at 787 York Street, and saw Peg-leg Brown the night Toohey was murdered. William Bright A conductor on the Grand Trunk Railway who saw Peg-leg Brown jump off of a train. W. A. Brock A gunsmith who testified that both bullets found in Constable Toohey were from a 44-caliber gun. George Campbell A member of the London Police Force who assisted in searching for Peg-leg Brown. Malcolm B. Campbell A farmer, who lived on concession 9, lot 22, in the Township of Brooke. He was married and had two daughters, named Mary and Maggie. On June 27, at about 7:30 in the evening, Peg-leg Brown came to his house and asked him for something to eat. Brown told him that he had traveled from Wyoming and was on his way to Hamilton. While he was eating, Constable Duncan Gillies came to the door and asked Mr. Campbell if he had seen anyone who resembled the description of Peg-leg Brown. Mr. Campbell told the officer that he was in the house, but Brown had already taken off outside. John Coleman A locomotive engineer from Port Huron, who lived at 2066 Stone Street. He saw the peg-legged man walking with a companion, along the Sarnia railroad track. James Cowan Lived in Warwick Township, in Lambton County. He testified that Brown had taken a drink of water from his pump. He also saw Brown pull a revolver from his pocket. Roy Deeley Lived on Ontario Street, heard gunshots and the words "here, here, there" on June 24, 1898. Police Constable Egelton Talked to citizens who had allegedly seen Peg-leg Brown. Dr. Flock Produced the bullet in the courtroom, that killed Constable Toohey . Thomas Freeland A watchman at Burwell Street. He testified to having seen Brown in London. Philip E. Fuller A County Constable in Watford. Gunshots were exchanged between Mr. Fuller and Peg-leg Brown, after Brown had run from the house of Mr. Campbell. Brown warned Mr. Fuller that he had a better revolver. He also gave Mr. Fuller quite a scare, when a gunshot from Browns gun cut a hole through his shirt sleeve. Luckily, Mr. Fuller was unharmed. Joseph Graham A 15 year old boy, who lived at 950 Queens Avenue when the trial of Peg-leg Brown took place. On the evening of June 24, 1898, he followed Constable Toohey towards the corner of Ontario and Elias Streets. He heard the scuffle between Constable Toohey and Peg-leg Brown and ran. He also heard the words "Here, here, there!" being spoken between the sound of two gunshots. Police Constable Green Talked to citizens who had allegedly seen Peg-leg Brown. Edward Grimstead Lived at 507 Ontario Street, and saw Toohey speaking to a boy prior to being shot. He was the first witness to arrive at the crime scene. James Hamilton A Brakeman and spare Conductor in Port Huron. He thought he saw Brown in Port Huron and in Sarnia. Edward C. Heaman Lived at 869 Dundas Street saw Brown cross Dundas Street, followed by officer Toohey. He also heard the two shots fired, with the words "Hold on there" spoken in between them. Fred Henry A surveyor who was called to testify at the trial of Peg-leg Brown. He proved that Peg-leg Brown could have walked from Dufferin Avenue to Elias Street in just over four minutes. James Hobbins An ex-member of the London Police Force at the time of Peg-leg Browns trial. On the night of the murder he was at the crime scene, where Dr. Seaborne handed him the soft black felt hat, the watch case, and Tooheys revolver. Harry Homeston A street car Conductor, and one of the first people to reach the body of Constable Toohey on the evening of June 24. Miss Emma Horner Lived in Strathroy, where she was employed as a servant by Mr. Cummings. She testified that she had given Brown some bread and water between 6:30 and 7:00 p.m. on the evening of June 24. Mrs. Caroline Humphrey A woman over 70 years of age, who lived in Strathroy when Peg-leg Browns trial occurred. On the evening of June 24, between 6 and 7 p.m., she gave Brown something to eat. Mrs. Carrie Hunt Lived at the north-east corner of Ontario Street and Queens Avenue. She saw a man with a peg-leg walk past her house, and later saw Constable Toohey walking in the same direction. She also telephoned the police to inform them that a man had been shot. Edward Jackson A London resident who saw Peg-leg Brown walking north on Ontario Street, on June 24. David Jamison A Grand Trunk Railway switchman, who worked at the Wellington and Waterloo street crossings. He lived at 931 Lorne Avenue. He testified in the court that he had seen a man laying on one of the railway cars when it passed Wellington Street, on the evening of June 24. He was able to identify the peg-legged tramp he saw as looking similar to Brown. William Johnston Corroborated the statement made by Edward Jackson in the courtroom. Marcus Leith Saw the Peg-legged tramp pass by his house on York Street East, while reading the newspaper. Wilmur McKerricher A student who lived at 931 Lorne Avenue. He saw Peg-leg Brown standing underneath a tree on Ontario Street, the evening the murder took place. He also followed Constable Toohey, heard two gunshots fired, and the words "Hold on, there!" being spoken. Detective Nickle Examined Tooheys clothing after he had been shot. He traveled all over the country, searching for Peg-leg Brown after the murder. He first saw Brown in the North Yakima jail, and then placed him under arrest for murder in Victoria, British Columbia. Edward Nutty Lived on York Street. He assisted Mr. Ross after he had been assaulted on June 24. Thomas OSullivan A resident of 732 York Street who identified Brown as the man who went through the gate of Hodgins field. Sectionman John Prince Lived approximately one mile from Hyde Park, and worked for the Grand Trunk Railway. In a conversation with Peg-leg Brown, Brown told him that he left London because he was warned by the police that he might be arrested in connection with the murder of Constable Toohey. He gave Brown something to eat, and believed that Brown was the man who murdered Toohey. He did not, however, notify the police because he had been told that the murderer had already been caught. George Reardon A 15 year old boy who lived at 530 Ontario Street when the trial of Peg-leg Brown took place. On June 24, he was playing at the north-east corner of Ontario and Elias Streets when he saw Peg-leg Brown walk past, followed by Constable Toohey. Shortly afterwards, he heard gunshots being fired. Dennis Regan A night station agent for the Grand Trunk Railway. He was called at the trial of Peg-leg Brown to provide evidence about the arrival of the Sarnia freight train. John Robertson An artilleryman in the Guelph Battery. He was on his way to the campground on Ontario Street, in London, when the shooting occurred. He reached Constable Toohey after he had already been shot. Mr. Edward H. Rowe A resident of Strathroy who was almost 70 years old. He had given Brown a drink of water on June 24. Arthur Rowell The police officer who drove the patrol wagon while the police were initially searching for the peg-legged tramp. William E. Smith A 23-year-old Constable from Taylor, Texas, who was born in Williamson County in Texas. He knew Marion Brown for approximately five years and was able to identify the hat found at the crime scene as the same one that belonged to Brown. Lewis W. Stokes Lived on Pearl Street, was walking with his two children on the evening of June 24 when he saw Mr. Ross being assaulted by a peg-legged man. John Shaw A Constable in Watford, who also had a peg-leg. He went to Mr. Campbells house, with officers Gillies and Fuller, to see if the peg-legged suspect was in the area. The peg-legged suspect ran from inside the house, held up his gun, and told him that hed only be taken dead. Brown then fled into the woods. Mr. Shaw and the others thought they would be able to catch their suspect on his way out of the woods, but to their disappointment, they never did. Mrs. Sarah E. Short A resident of York Street East, at No. 739, who saw the peg-legged tramp pass by her house. Dr. Edward Seaborne The doctor called to examine Constable Toohey after he had been shot. He also conducted the post-mortem examination with Dr. MacLaren. These doctors concluded that the man who shot Toohey had been standing on his left side, a little ways in front of him, when he fired the fatal shot. They also believed that both Toohey and Brown had been standing when the shooting occurred. Mrs. J. Stinson Lived on Rectory Street and was with his daughter when he saw a man who looked like Brown cross the road. L. W. Stokes A resident of Pearl Street who while walking on the evening of June 24, 1898, saw Mr. Ross attempt to stop a peg-legged man.. He identified the hat that was found at the crime scene as the same one which was worn by the man who assaulted Mr. Ross. Walter Taylor A young man of approximately 18 of age who lived at 566 Adelaide Street in London when the trial of Peg-leg Brown occurred. The night of the murder, he saw a peg-legged man walk by, although he could not positively identify this man to be Marion Brown. Hugh Turner was a farmer who lived on concession 9, in Lot 17, in Cardoc. He testified that the man he had a conversation with, on the evening of June 26, strongly resembled Marion Brown. John A. Wilkinson A sergeant in the Guelph Battery, who arrived at the crime scene with John Robertson. John Williams Another employee of the Grand Trunk Railway, who also thought he saw Marion Brown. Police Chief Williams Had the responsiblity at the trial of Peg-leg Brown, to describe the position in which Tooheys dead body was found. He was at the crime scene half an hour after Toohey had been shot. He then supervised the operations of the police officers in their search for Peg-leg Brown. Once he had obtained a description of Peg-leg Brown, he broadcasted it all over the country. William D. Willis A lumber merchant who telephoned the police station and informed them of the assault that had taken place against Mr. Ross. Mrs. Margaret Yates The wife of Mr. Henry Yates. This couple lived at the corner of Ontario Street and Princess Avenue. Mrs. Yates saw a man with a peg-leg walk past her residence, although she could not positively identify the man to be Marion Brown. William Young A yard master, who worked at the Sarnia tunnel yards of the Grand Trunk Railway. He lived near the Sarnia tunnel station. On June 24, 1898, he saw the peg-legged tramp jump into an empty box car on a freight train. The train was waiting to cross into Canada. * All information was taken from The Daily Free Press, between
June 25,1898 to March 30, 1899.Researched and written by Karen Allen
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