Delaware Republican. (Wilmington, Del.) 1843-1874, 1873-01-23

IAN Cdugnt noiu Oh my arms. turned AROUND
, him and asked him what he had hold of me II
~ He said lie had authority to arrest me- b
told him he had the wrong one. Several par c
les spoke up and said ''He Is not the one /; and t
e then let go of me. The policeman immedi- Z
tely took hold ofme again. l told him not to
ear my shirt. He said lie would have to take
ne. resisted all l could. They told me to
70 peaceably, and said, show me the way and
would They took me through gate to the
ock-up. l did not hear George Davis say
vas the man who struck him. l told the Off
,ers in the street they had the wrong man.
saw Legg put blackjack In his pocket when we
came down. l had no blackjack that morning;
had no other instrument with me, had light
colored pants, purple vest, white shirt, black
felt hat; had no coat on 1t was a warm day |
had no blue shirt or jacket on. DIR. Elmer |
came to the prison and examined my knuckels |
Mr.. hawthorn came In with me; l shook hands |
with him. He examined my knuckels and ask |
ed me II they hurt. said no, never struck
blow with them.
Cross-examined.-I was the 24tli day of
July; had been at work at carpentering at Bald
wins since the I'd Of April before that worked
in Wilmington there was a large crowd Oh
the excursion; there was some drinking on tn.
boat. Mr.. Charles Davis was coming when
George had been struck Legg Is the man who
struck George he Is a small man, about "a
years OF age; had light inustache; | had a
light mustache; am about u feet high, and
weigh about $50 pounds; Davis put his hands
10 my breast, and took hold Of him by the col
lar; | tried TO get away from Mcguire, and
while was struggling with him, Legg rushed
up and struck Davis; Legg took blackJack
out Of his pocket when he got up from the table,
Legg struck him with his right hand; drank
about six times of bear that morning drank
two or three soda cocktails at the bar; was
not Intoxicated when brought up to Jail; was
two Oh three minutes struggling with Mcguire /;
did not say In the dining room l meant busi-
ness did not say | would mash him when
Legg got up ilem the table others were getting
up II was after Davis was struck that the crowd
began ~ get Into the space between the dining
room table and the carving table, no lady had
hold ofmy arm during this fracas; went direct
from the bar-room TO the dining-room.
DIR. Reese, sworh.-l reside III Philadelphia
am practising physician: have made medical
jurisprudence special study for the last lea,
years. occupied the chair Of medical IS
prudence In the University vi Penns, lvdu,t,
was present at the examination OF the body VI
George NJ Davis; recognize the piece showt a,
that taken from the skull. After carefully ,'>a,n
ming this specimen my Judgment is that II ",t'
caused by some other instrument than the max
ed human fist, and my reason for this ulinlo,
is first the character VI the fracture, it is iia
tire an inch and i quarter in length; it is Il,
, pressed completely around the edges the bon,
being depressed in the centre about 4lliricl II
an nch my opinion is that is that II a iri,etlir
would have been radiated, ii loaded cane, o
billy, slung shot or blackjack was used, It woult
produce such fracture rs this; the DR.. explain
ed to the jury by exhibiting skull how trac
ture might be produced; When two resistin
, bodies come In contact, the impinging bod
: would receive as much injury As the body i'm
plnged the injury 10 the knuckle would be
. b:iise; do not think that the fracture of Da,ie.
: skull was produced by the human fist; it ba
$ the shape of having been caused by a billy.
1 Crossexamned-rhr anatomical name 4
Il the fracture is the temporal bone; thi, fractul
= of Mr. Darts skull was rather thinner tn.
usual the probabilities are that the frdct.ie wa
o produced by some hard instruments hardly pro
y duced by the human hand
y Henry BuNbaum, affirmed. Il reside at Wi
- mington am in the clothing business; was o
i His excursion SPOKEN oil; was in Davis hotc
J. on that day, know Sweeney, the deiendant;sa'
lin ia The hotel had boy with me ten veal
" old went to the hotel IL get my dinner; LA
is my dinner and went up stairs TO the sittin
J. room, and returned to the dining room to &c
l. my umbrella saw Sweeney and Flannery
1t walked down 10 the family table, and wei
n round by The carving table TO loave word vii
the landlord about my umbrella, saw Sweene
id having words with Davis, and saw Sweent
III lave his hand raised did not hear what Dav
I'D said TO Sweeney; there was quite au excitemer
he a number got UP from the table, saw IN:
co strike Davis with something III his hand; I
III man Who jumped up from the table la
he known i II years, his name Is Lewis Lee
ats he struck George Davis he had black Jack
81. his hand, at the lime Lrgg struck Davis, Sw,
'ar new was IN the hands Of Maguire while / "
ng hunting for my umbrella, | only lost sight
IL Sweeney fol moment.
d. Cross-eXamned.-I am a German; when lie
81 struck Davis, Sweeney was standing by |
carving table; Leg hit him with his right ha
ed OH the lett side, 1t caused him to siagger, thu
ed were two or three between the dining table a
ell carving table when the blow was struck; Sw
me ney wanted 10 get loose from Mcguire, lie 81
ice to him ''et Inc go;" did not see Sweeney str
led Davis saw Sweeney have hold of Davis WI
- he came iuto the room; heard some one ask "
no 1t was that struck George Davis. told IL al
| got TO Wilmington, that l saw Legg str
sep Davis; have known Sweeney 10 or II years:
ore ways hear his character was good,
his Miss Ella Turner, swon.--l live III WI
iol ngton with my parents; wac here on the exc
eid sion; was in the dining room sitting at the IA
ade ly table, with Lewis Legg on one side OF
en- and James Legg on the other heard them
led, there was fighting did not see Sweeney. L.
MY pushed my chair aside, and said that would
mes do, and started over to the carving table;
not see him strike, did not know he had BIZ
'se- jack have known sweeney since childhood
Oily ton with my parents, was upon the excursi
al was In the dining room that day; saw Swee
act In the main halt; he came from the bar; he
the sed by Inc and went in the dining room: | "
the to call my sister; when went in the dir
res room saw Mcguire have hold Of Sweena
ing told my brother Philip to come out, he was
any ing aloud, my brother Is slender built; hs
idei small moustache, my brother went out Of
per, room on the Laurel street, when told hiI
'pru come out, asked him ifhs hit any one, anI
said not. know Legg, and did not sea him
after we got on the boat; was ont iii the st
with my bonnet on.
~ John Mcguire, 81 Ofn---kesidr la Win
j tom AIN In railroad employ; was one of the II
ana ayers OF the excursion saw Sweeney in the
room and dining room; was standing at the
door leading to dining room; Sweeney
wal 81 something | did not understand. Georg,
been DAVIS was standing by the carving table;
BALD ped there aud heard some loud words \,
inter- ney beckoned 10 Inc with his hand and "
The got there Sweeney was moving to the car
me table, and got him by both aims and pl
bolh him back three OF four feet. | caught him
the cause lie was particular friend, aud did
Dom wish TO see him IN any trouble; he was d
had aud disposed to quarrel. turned him re
Ian and took him cut OF the dining room did
Don see him strike any blow; saw LegQ there
Gin- was sitting al small table in the north Ell
lager | the room; had drank nothing strong that
le on saw Sweeney arrested from time of the
ct by trouble until he was arrested he was not o.
Gorge my sight Baker was III the left of Ine al
d lie carving table after TOOK hold of Sweeney
part sight Of him lie resembles the defendant;
want would take them to be biuthers; do not t
need lie had moustache; heard a man give OF
mute, ia the street to have Sweeney arrested; die
out.' hear Sweeney say anything.
him William Riley, sworn.-Llve In Wilminl
GLOW am plasterer; was on the excursion on
ID to 18th Of August; wa. in the dining room
!" lie day; saw Sweeney; did not see any of the
rowd ble between him and Davis; saw Leeg L
lding saw him at the carving table; did not see