The New York herald., 1870-01-19
THE PORT JERVIS MURDER.
Trial Of Warren Fellows for the Murder
Of Alexander Swinton-- Damaging Tes-
timOny Against the Prisoner
Drunkenness and an Injured
Brain tho Theory or
the Defence.

with the murder OF Alexander Swnt0n OF Port Jervis
ON the night OF the 5th Of August last OF which the
readers Of the HERALD have had the first few days.
proceedings The court adjourned on Friday even
ing until Monday evening, In order to give the
Sherr time to subpoena 100 more men. from which
II was expected TO obtain the twelfth juror-one
more oelng needed This last panel made the num-
ber called 81.
The nteres, in the case unabated and the attend
ance OF curious people Is stil large. At halfpast
eight O'Clock on Monday evening the court again
opened and the last Juror found after thirteen
others had been examined The jury 10 now CON-
plete and stands as follows:-John w. Dusenberry,
Joseph Board, Nathaniel Van Sickle Nelson Owen,
Virgil Knapp, Anthony J. Bennett, Ara Van Sickle,
d. Terry Graham. Daniel D. Banker, James M. Bun,
Peter Ii. Sigier, william Watkins. After the jury
had been secured the court adjourned until Tuesday
morning at eight O'Clock. At that time the Court
House was again crowded TO sntrocation. Not An
inch OF standing room was to be had.
The prisoner came In looking little more care
wern and anxious than on the previous Gays.
The District Attorney at the conclusion OF his
opening address stated that ne proposed " try the
case on the first count IN the Indictment.
Prisoners counsel requested that o ssosse prosegd
Of the two last counts be entered.
THE TESTIMONY.
John Swinton was then sworn ana deposed:--I
1--we IN Port JervS and know the prisoner; Alexan-
der Swinton was my father; he kept hardware
IN Front street, Port Jervs, at that time; live
ia the house Immediately east OF the store building;
was IN the store the evening OF the 5th Of Au-
gust last; in the store were my father, James
Swinton, Charles Harley, Campbell and Peter Ruf-
fer was waiting upon Peter RufYer; had to go up
stars for piece OF zinc; went out OF the front
store door and around into the alleyWay, and as 1
turned the stairs Warren Fellows and Perry Mullock
VIC /
TONS; when came down / saw them there yet;
spoke to them again and then went IN the Stores Fell
lows followed me and drew revolver and pre-
sentlng IT, asked me II wanted the contents; said
no. that did not use such things; he said, "y God.
l carry them, and / use them tOO;'' l then
left the store, thinking he would go away; when /
returned my father WAS lying on the counter almost
dead; tnere was crowd there; father only lived
ten or fifteen minutes after returned; he was shot
III the groin. tWItness showed signs OF great emo
uOn.i When went out father was standing by q
showcase, near the door.
Crosse xamned-It was about eight O'Clock in the
evening when Fellows came In; these steps Went
up were sixteen feet from the street; this was an
aeyway between my house and the store used by the
men Of the store and by my family; when spoke to
then SAID, "Gentlemen Tor mem go away from
nere;n it was dark; when came down they were
both In about the same POSITIONS; said, "Gentle-
men, my wife lives here and would not like such
ON the sidewalk and simply told them TO go away as
decent women lived there; as lett the alley ne went
n too, between me and Fellows; Fellows asked me,
v0lver; harsh words or scufile took place; upon
the Ccroner's inquest testified as to all tnat took
place; the revolver when pointed ut me was cooked;
he continued pointing 1t at me TWO minutes or SO.
James SwintOn, Charles Harle, Peter Ruffer and
Thomas II. Campbell were next examined, and fully
corroDorated every word OF the preceding testimony.
Campbell testified further that when the prisoner
was requested 10 leave the store ne replied, win
when get damned good ana ready !" aud tnat after
Ine shooung and when Fellows mad lett the store,
witness went TO the door 70 see which way he went
follow up Fellows and have revenge;' told him
he had better stay and attend TO hts father.
JudsOn L. Adams testified that he knows James
SwinLon; recoects the occurrence testlned to; re-
ceived the revolver from James Swinton; delivered
1t 10 the Coroner as he received IT. James Swlnton
never gave me but one revolver
Isaac Penney, Coroner ldentifed the pistol as the
one handed to MIN by Adams.
Dr. solomon Van Eiten testified that he found
shot wound In the left groin OF deceased; IL was
wound that would be caused by a pistol ball; found
no Sa ne Ge% from .ae sec's q M snat
Hunt were pre- sent at the examination; Mr.. SwintOn
did not speak after arrived.
testimony.
THE DEFEHCE.
Mr. Drake opened the defence OF the prisoner by
stating that they had been ngnting hard against
public opinion; that the prisoner was about forty
one years Of age. He said they would show that the
prisoner some i've or Six years ago received Injuries
which seriously impaired his brain; his head had
been literally cut 10 pieces; also that the death OF
any crime we believe you cannot nnd that nc was
guilty OF premedtJatcd murder
Alexander Brown, being duly sworn, testified
ant; was with the defendant during that day at
Lebanon Pond fourteen or fifteen miles from Port
us; were at the pond about one O'Clock on the morn
ing OF tue 5th at Sanders; the defendant took
SaGn or gallon oesaa sa6 nsng na1f q liquor
alter we LETT Port Jervis; he drank once
twice before we got to DraKe's Hotel, and at the
hotel, about ten miles from Port Jervis he drank
there two or three times from the liquor which he
took; wo arrived at the pond along In the middle Of
the afternoon; We stopped all night at sanders;
during the afternoon he drank several times; when
ever they caught . fs1 they took drink; the FISH
ing was successful and he drank frequently; he
filed bottle and took 1t in the boat with MIN; we
we were on the pond until about hafpastslx O'Clock;
during the night he continued the use OF iiquor
went out on the pond; he again had bottle holding
about . quart; saw him drink several times; Mr..
Adams was IN the boat with him and Mr.. Muloch
with me; Mr.,Feows' team was driven and be drove
back. driving very reckiessy over abad road drank
several times between Lebanon and Port Jervls; was
under the effect Of liquor when left HIM In Port
Jervis
Re-direct--He would not allow any one to
drink out OF his jug or bottle.
L. l.. Adams testimony c0rrob0rated that OF Mr..
Brown.
THOMAS Donnell being called for the defence, de-
3winton; recollect the occurrence OF this homcide;
saw Fellows at my store about halfpast seven
O'Clock; he was IN my store when l came in; ms
manner was friendly, but was under the influence
OF liquor
Ii. Cnddeback sworn-I reside at ddebackville,
nine miles from Port Jervis; know defendant seve-
celyed injuries about the head; he drove up to my
hcuSe his head was cut in gashes; his
nose was broken in: noticed q change In
MS conversation always after that, aud in
MS travelling 10 the streets: when going around
0 corner he would always 20 around TO the outside
Of the walk; have observed tnat peculiarly two or
three times; ne was more anectcd by liquor after
the injury; be stopped at my house on his return
from the nshinR excursion; the axle OF the wagon
was heated ana they stopped there TO loll up; ne
drank two drinks OF gin at my house; he drank
moro tnan usual; be was intoxicated when he came
tnere
Truman Angel Mary Jane Angel Jonathan II. Har-
ord were also examined for the defence the sum OF
.kelr evidence gong TO show that the prisoner had
Des'n drinking heavily; that the treatment Of the
Swh ,tons In ejecting him from The store was
Iorcille, and that blow at Felowes was struck by
aOnen ody simultaneous with the pistol shot.
BenlA mn v, NYsn Arorn-l reside In Port JeJvjs;