The sun. [volume] (New York [N.Y.]) 1833-1916, 1870-01-19
WARREN FELLOWS'S TRIAL.
THE THREADBfRE PEA OF TNs4N-
ITY THE aUNDREDTH TIME.

Enor,. Of tb, Defence 10 Cripple tho Hand
Of Justicc-Jrcstimony of Witnesses for
the Prosecution and the Defence-Drink-
ins between F'sses.
Ihe triaioi warren feno"s ior 'he huiuer VI
Alexander swinton on uio otn uay Oh husustas' 7"
Port Jarvis, commenced yesterday In tosnon'
Nearly all OF last week was consumed IN 'nt enot.w
impanel jury, when closed on frioay hiSn'' MIN
eleven Jurors In the box. Ihe oeienee seom us
posed to fight the case OF every point lhey nrst
raised an objection to the Indictment on the ground
OF dupiicity In the Courts and this iailing' tney
plead TO the Jurisdiction, on the ground tna' 'ne
Grand Jury finding the Indictment was illegally and
haudulently drawn. This also proving menee'ua'
the county was pretty generally dragged through for
Jurors Last night the twelfth Juror was obtained,
and to-day the testimony was begun.
Mr. J. W. Fullerton, District Attorney, opened the
case for thoprosecuton and rccited the circumstan
Gee of the murder on which the prosecution relied
John swin,On. son of the deceased, testified tina,
on tho evening of thia occurrence he was in the
-. ~ - $3.50 - ~, ,,,o :, D., -.
STORE belonging 10 himself ana a.ner T" ror' 'er'9'
and had to pass Of the store to 20 up
nal, or stors n IN. aide Of the b,ildine and there
- - - -, ~, 49, 80. -, D.
found the prisoner and another man named ferry
Mulloch in tho act OF committing q nuisance; he
..Las ,h.n, On d.s,s, ana ths n,isoper made some
aras,., .u,.-,, ,.n,.s s,,ro., ad no, no,,co hr,
offensive remark, which witness ala not nouce' Dut
passed into tho store again: the prisoner followed
him IN. nresen,ed n ,evo,vcr' and said.
"Do roU WANT rHH CONTENTS or TuArp
Witness replied that no dii moi, and that he mel.
th,r had nor used suoh in.truments and did not
want 1t round. Fellows replied, By God, 1 have
anu us' 'n''n' "i'uess 'non went ~ounu oeniuu
the counter to get square to measure some zinc |;
o va, -oV"' " W. ~, 80, a"' as ~
'urheu' reno"s po,n'ou 'u' po'o' ~ N'u' aea" anu
again asked lin the same question os before, to
winch ~, ta' wins,. made similar 9 reply 1. wi'ns;. rs.
WIZ. ah.snt for e,sh, or Ten minutes. md mon bis
-. ~ .,,as ,ts ,.,h., ,.tna -, ,h. eoun,sr
dying.
ANOTHER son TEsrIFILs.
Jane. svluton tes,iaed that be was standing out
-, -, -, -, n,
side the door, ana had also demonstrated with rel
lows and his companions while they were in the
"i'e' way A,'e' 'i' p''S"so V''"S'" "1 'io.'1
and the prisoner In the store, anu aNer
ms brother mad let Tue STORE, he prls,
At him hair cooked WITH IS then Started
way to the counter, hc heard the report OF pistol
he thin wheeled around and grapped Ratchet as
his pistol toward the witness; witness seized the
pistol, twisted II from hts grasp, and with tho
hatchet dealt prisoner two blows on the head Eel
lows fell, but got up again aEI walked on, d the
store; witness then turned toward Alexander swim
,on his iatnes, who exclaimed ID, I'm shot and
pired Witness further stated that az he seized the
pist ol In his len hand tho portion Of the hand be-
tw cen the thumb and finger caught bet Teen the
nan,iner anu W. luDe OF tne pls'oi' A'uVush ~
| =, = -
%" jim hs mas suor NJ
Charles Hure, boy is years Of are testified that
he In the store, and corrobor generally the
statements Of the previous witness a. to what took
place IN the store. When John Swinton started to
| leave the store, Alex. SwintOu, who had been
smoking his pipe In the bach ground laid down his
| pipe and went toward the prisoner IN q gentle
manner and putting his hand ON his shoulder, said,
suv outpprf ronnf ~ psrr eon rso mus, nav m
| home and be quiet" and Fellows replied
| hat he would 90 home when he Got ready Mr.
hylnton then took hold OF h, shoulders and pushed
him ertiv along toward thr door Whcn tiey got
about 10 The doc, Fellows Turned around pointed his
MS sto at him and arcd Mr. srinton fcll against the
| rounier anI c.rI.inie ed A." On lin he Las shnt mo
| James Svinton Ihcn came 40 with the h.tchot
| seized the pistol ana struck tic prls soner
| hour Ha. between and : o'clock I'm tne evening.
the old man was very gentiq In i. manner ana thst
w.I,o-. a. % AZ, vi, s ~ oec, " 80 ,es;st.,r. 'n h
| A. he led or showed him towards tie door.
|
fht rEfRNCt OPENS
| y n. Drake, ESQ, opcnei the Ease for the de
| fence. lie said thst though the prisoner himself
| mourned the death OF Alexander SwintOn, yet he
| Asked iustice ;or the lSlng The defgIc &c would
show that The deed not murder, but at most
Slaughter The shooting was accidental and cn1Ire.
Is unlLtentiona Hc adytrtCd to the public feeling
against which the prisoners counsel must struggle
| The prisoner was \ IN the prime Of life-nhoul
81 years OF age. lie was widowcr With one chtld.
| The question now was whether that mCtherIess
child Was to bc bercayed OF all earthly protectors.
The counsel closed with an eloquent plea TO do ius
| uce 10 themselves and the prisoner
| ,..,..,,...,,.. So, ,,,, ..,-x
| bAocHsSsliNS fiLHiNS PARTY
The first witness for the defence, l.. IT, Brown, tes
uhed that about the time OF tie homicide he, with
two or three others acccmpanled the prisoner on a