Delaware state journal. [volume] (Wilmington, Del.) 1870-1883, 1872-10-12
THE TRIAL OF SWEENEY.
Meeting Of the Cumberland County Court
Hugh Sweeney Indicted for Man
slaughter and Assault and Battery


Especial Correspondence Of RvsRT RYENISa.l
Ba1paEToS, N. j., Oct. 5.-TAe Cum
beriand County Court met here last Tues |
day for the transaction of such criminal |
and civil business as might be brought |
before il. The civil cases before the court |
have all been tried or POSTPONED, and the |
criminal docket has been taken up.
The Grand Jury has returned altogether |
twenty two bills Of indictmen, for oiienses
grading from violating the Sunday liquor |
law to he.crime of manslaughter, and on |
Wednesday night they concluded then
labors and were discharged.
Hugh +. Sweeney, of Wilmington. was /
Indicted by the Grand Jury before they |
were discharged, for manslaughter, and I
assault and battery, 10 two eases-not only |
being charged with killing George o. Davis |
in August last, but also with committing |
an assault aud battery on police officer |
and one other person on the day OF the /
alleged murder
Sweeney was brought into court on !
THURSDAY afternoon. and ..rraigned for !
trial on the indictment charging him with !
granddaughter. In answer 10 the usual in
tCrrogatiun. "Are yOu guilty or not
gui " p he answered in a firm ana dis
tlnct voice, "Not guilty." lie was also
AIIulEUtA On luE UNIT NuhA-Ia ~hA VI"
tered the same plea. The prisoner did not
present the appearance 81 person charged
with a henious crime. He was dressed in
black pants, blue coat and spotless shirt,
presenting a neat appearance. He stood
erect. betrayed no signs of fear, and in
voice without a tremor answered all ques-
tions asked him.
Yesterday morning your correspondent
visited him in his cell, and held snort
conversation with him. found him hope
full Of acquital, as he thinks he will be
able to establish his innocence at the trial.
He says it is simply a casa OF mistaken
ide Is. and that he is an innocent man
He IS furnished with plenty Of reading
matter, receiving newspapers from MS
friends and books from the sheriff tie
speaks veGy kindly of Sheriff Hawthorn,
who allows him the liberty OF the hall for
N hour or two each day, and is supplied
with plenty Of good, wholesome food.
Sweeney's counsel, Messrs. John O 'Byrne,
Eco. of Wilmington, and Johs S. Mitchell,
Esq, ofthis city, are gentlemen well posted
in legal lore, and will use every effort In
behalf Of their client TO secure his acquiltal,
The prisoners trial is set down Tor Monday,
and although a good deal has been said
about Jersey justice being too severe ca"
assure EVERY EvEsISG's readers he viii
re cife as iaig and impartial a trial as lie
would in any Other STAT in the Union.
BR1pdgToN, y. j., Oct. 7th.-The Cum
berland County Court Of Oyer and Termi-
ner met this morning at IL O'Clock
Judges Vansyckel, Dougherty, Harris,
and Sheppard on the bench, for the trial
of Hugh F. sweeney, indicted for man.
slaugA ter Tor the alleged killing Of Geo.
NJ. D is.
Ja4.es R. Hoagland, ESQ, Prosecuting
Attorney, assisted by VIM, T.. POI er ESQ,
appeared for the State and John O'Bype
Esq, of Wilmington, ant John S. Mitch
ell ESD, Of Briigcton for the defence.
When the Court opened, John O'Byrne,
ESQ, for the defence rose and asked the
Court to issue an order for the exhuming
ofthe body OF George NJ. Davis, In order
that an opportunity might he afforded Tar
an examination by professor Reese, Of
Philadelphia, in order TO show that thu
blow which caused the death Of the de-
ceased, WAS caused by something more
than the naked hand which was admitted
by the prosecution vas only done by thu
accused.
The Prosecuting Attorney for the State
in answer said that he had not been in'
formed that this plea would be put for
ward by the defence, and was opposed t.
the exhuming of the body being done, al
he considered the experience OF the ply
Ficians who made the postn,ortsm eXdui
nation, fully as that of those from
abroad, ana should oppose it unless they
Ire allowed to be present, and II woul,
be almost impossible 80 gel surgeons from
abroad IN time to witness It,
Mr.. O'Byrne said he dd not think tha
the exhuming Of the body would consume
more than an hours time, and lite or ul
. 1. 81 81 d
wished the trial gone on with. as tn
witnesses were under considerable OK
peuse, and had come of their own fire.
will, and were gotten together a
considerable trouble. lie did not douh
the experience Of the Drs. Elmer, bu
he wished 10 have the body cxhume
in order to show, as hc fully expected I
be able TO DO, that death was cAn-o3 f.oi
other causes than the striking iy y e'
e. sci with the naked hand.
The Prosecuting Attorney said TIM!
was willing TO grant all fairness to tile az
cused, and would consent 70 a speci
term for the trial Of the accused. In ord
that the eXhumin- might be done.
ANcr consultation with the associa
Judges, Judge Nausyckel said that
would not be able 10 hold s. ecial icr,
AZ his appointments in other parts Of q
state wos.d not permit Of %. lie said d
accused was entitled to everything. tl
wogld tend to prove his innocence b.
human l,ght and j. lwoud le-i with d
Prosecuting Attorney to say whether L
trial should be put of or not.
The prosecuting attorney said he Won
consent TO postponcment until Welu,
day.
The Judge said that tie physicians a
counsel might consult together, and tn
fr. IA faafi hon aIa.rr1f
on without an cxhu nation Of the nod
and he would accordingly adjourn I
case until two O'Clock this afternoon.
BRlDeBToN, Oct. 7-The Court mct
81. 10. Tue counsel stated 90 the cH'
that daring the conference with the ply
ician- he'd this morning, they came o. I
conclusion that thuy would not pic a.
get through the examination hefC
"Wednesday morning.
r. Court, in answer to this, said u
IL as .A.c in the week to begin the TIL
aud it was afraid they would rot De a
TO get through with il this week. and
had better, therefore be put OIL till
next term.
Mr. Mitchell then desired 10 know v
amount OF bail would be required
Sweeney release until next tcrm.
His Honor, Judge Nansyckel, said
would name $4,000 Tor the iudictWeu.
mAuslaughter, and $1,000 for assault
the pslice officer.
The counsel stated they would meet
Judge in Camden or Trenton at fut
day, and arrange the security. The CO
then adjourned.
Du~llg the itting Of the Court tod
the courtroom wa very much GROVE
every inch of available space being ~
pied. CLAKLNcl