The sun. [volume] (New York [N.Y.]) 1833-1916, 1870-01-13
THE PORT JERVIS MURDER.
THE OPENING or THE TRIAL 0FWAR-
REN FELLOWS IN GOSHEN.

Was the Indictment IilcgRIt Interestina
Question for the Jury-Decision Against
the Prisoner-Thc story Of the Tragedy
Description Of n Drunken Despersdo-A
Politician of the Tammany school.
The trial Of Warren Fellows for the murder Of
Alexander swlnton in Port Jcrvis In August last.
was begun IN the Court OF Oyer and Terminer foe
Orange county In Goshen yesterday, Judge A. b.
Toppen presiding. The Courtroom was crowded 70
sufocstion, anu the most intense interest man.
ifcsted In the proceedings. The facts which werf
published at the time are briefly as follows.
On the evening OF Thursday, Aug. 3, 1869, Warren
Fellows entered Swintoh 4 Sons hardware storc In
Front street Port Jervis, and being very drunk be
gan q quarrel with tic sons Of Mr.. swinton, usins
very insulting language. The young gentlemen were
busy attending to customers and the eldor swinton.
who Is represented as a quiet, inofcnsive Scotch.
man, sxtyfour years old, ordered Fellows to leavs
the store, and taking him by the arm gently led him
out tbereupon Fellows turned and deliberately shot
the old man In the abdomen
james swinton immediately attacked Fellows
with q hatchct, woundng him 80 seriously In the
head a to render the operation Of trepanning no
cessary. His victim survived only few hours sftea
the shooting,
ls about 10 years ofago, feet 10 inches In height
biaes hair cut short, black mustacke and goatec
and IL re- rcsen I'D 90 being Of moody disposition.
and when Dunk demoniacaL He had shot tive
men before, kn,.u one. and has always crrried
revolver. II ;. said atst one time when spree.
on wager made with .somc companions, during
service in Methodist NEE. ing house in Pomptou,
n. j., he entered the pulpit sp.' bore the minister
out Of the building Having been arrested no paid
$1,000 to compromise the offence. h is politician
Of note In his county. His wife died iss spring aad
A.l 49, 49,
he has willed ito be shared BY his aged mofh,r) hs
property. amounting to $4,000, when not under
the influence OF liquor he Ia quiet and pescesbis
citizen. He appeared In Ceurt attircd In . new
suit OF dark cashmere. and accompanied By biz
brother, and Messrs ID. r. Gednev. J. n Drake
and q. W. Millspaugh. counsel for the defence The
prosecution is conducted bv District Attorney g. w,
Fullerton, assisted by the Hon. C.H. winneld
THE TACTICS OF oouSssL.
The Court was opened at "a. NJ. The prisoners
Court, and moving that the Indictment be quashed
on account OF an alleged irreguiarty In selecting the
The Court allowed the prisoner Jury to test the
legality o. the Indictment and 70 try the issue. Ths
sbssns.a bS ths emPanneea M eaca Juror pea
created much merriment In Court BY saying 'shaa
the plea snd srgumsnt Of counsel could make ne
Impression on him. Tue questions offered wcre
ePs aSpsT sss 10 cuss ss 1 of 800 20
Suy ccTslaes sccordins To s law. % and Sss % shs
certincate nledp
The counsel for the defense, In opening remarked,
I'VE claim to have fair trial before Grand jury
before being brought before petty jury they can.
S S-Ss an hs, ey an
Ssrn therefore nSc'SSn. b:
Hng paper for his town with from 1s TO %
names on each. A man fastens them together, and
certhcs that the list IL correct and passed upon By
the Board after the prisoner had been indicted and
brought into Court. There were $40 jurors drawn,
OF over and Termner have no right to try the pri.
soheI on this indictment; and We claim that the
murder Is but an accident which should be treated
The first witness called was Louis Cuttebach.
Clerk Of Orange county lie testified that the papers
once separately, on the i5,h OF Deecmbey' % 1909. b,
X Champion. clerk to the Board of Supervisors and
that the papers were fastened together certia-
cate attached on the ilth January. ls7n.
MORGAN shure,, Supervisor Of Munroe, was the
Grand Jurors from the tax book, and tnat he pre-
snmed the other Supervisors all did the same.
zach list was submitted by the Supervisory
upon by the Supervisors lie had been a member Of
the Board twenty.tbreo years, and II has been the
dividual Supervisor to submit list.of Grand Jurors
IRON the towns separately. The last witness called
Supervisors OF Orange county He testified thsi
each supervisor landed in list Of names
edged having Affixed the certificate and attached tho
papers on the llth of January, 1870, without
luton OF the Board, or any authority whatever,
Counsel for the defence claimed that this was tam.
perinE with the records, but Judge Tappen would
not allow the claim and remarked: That the wit
ness had right to attach the certificate then ~ he
had neglected TO do so previously. ns u part
OF his duties" The prisoners counsel said:
Gentlemen OF the jury. we are not making Q face-
tons night but arc struggling for rights and are
going 10 night out TO the last gasp and to the bitter
END and Is our solcmn opinion no true ind ctncnt
mas been found. Tho Supervisors nave departed from
INC requirements OF the statute. WHICH allows but zoo
grand Jurymen to DO drawn, and Ind drawn I0i and
We consider that II these proceeding allowed
liberty. - - " N ~
The Judge, in his charge to the jury, mildly sided
win the prosecution in not sustaining the illeged
irregularity In the indictment.
The jury, after an absence Of twenty minutes, re-
turned and sustained the action OF the Supervisors.
Alter some parlcy OF words between the Court
and counhsel, the prisoner was arrnigncd. He
pleaded not guilty. II being 0 o'clock, the Court
took recess until o'clock. and then began to EN-.
panel the jury, each one being challenged by tho
counsel for the prisoner Att midnight hey had not
obtained Jury, and the panel summoned thirty siK
In number) was nearly exhausted.