Delaware state journal. [volume] (Wilmington, Del.) 1870-1883, 1873-01-18

my knuckles he asked me II they hurti
| said no; never struck blow with them.
The prisoner underwent a lengthy cross.
examination, but no new facts were
elected.
DR.. John J. Reese sworn-Reslde In
Philadelphia; am praetlcing physiclani
have made medical Jurisprudence special
study for ten years; occupy chair OF
medical Iurlsprudence In the University Of
Pennsylvania; was present at the exhuma-
tIon of deceased; recognize the piece shown
as that taken from the SKULL my Judgment
Ia that the fraeturoswas caused by some
other instrument than the naked list, and
nv reason for this Is the character OF the
fracture; II Is an inch and a quarter In
length, and depressed around the edgesi
the boae being depressed In the center
about quarter of an inch; my opinion Is
that If the fracture had been produced by
the fist ii would have radiatcd; the DIR. ex-
planned to the Jury by exhibiting a skull,
how fracture might be produced; when
two resisting bodies come In contact the
impingng body would receive as much
injury as the body impiuged the Injury
to the knuckle would be brulse do not
thirk the fracture Of Davis skull was
produced by the knuckle; II wasthe shape
of having been caused by billy.
Niles Ella Turner sworn-Live In Will
mingtOn with my parents was here on
the excursion was at the family table in
the lining room sitting with Lewis Legg
on one side of me. and James Legg on the
u.h-r; he r. PERSONS say there was fight
ing di not se' Sweeney Legg pushed my
chara id an started over to the carving
hi did un. zee him strike; did not
know he bad 4 blackjack have known
5 Aeru. FROM . ildhood.
Miss N.r, Hu err, sworn-Liye In VIII
mi sI ui WAS o. the excursion was in
the ~ ing - saw Mcguire have hold
nf Swe ne, C Id my brother TO come out ;
.a va talk loud he is slender built,
aud b ID a light inoustache know Legg +;
did not Soc hiu till after we got on the
boa was out In the street with my
bonnet oil.
John Mcguire sworn-Reside 10 Will
mington was one Of the managers OF the
excursion saw Sweeney in the dining
room George NJ. Davis was at the cary
ing-table Sweeney beckoned to me, and
when | got the l took hold of him by
both arms and hauled him back three OF
four feet caught him because he was a
particular friend of mine aud | did not
wish to zee him in any trouble he was
noisy and disposed TO quarrel turned him
round and took him out of the dining
room saw Legg there did not see
Sweeney strike Davis saw Sweeney ar
rested from the time of the first trouble
until he was arrested did not lose sight OF
him; Baker was on the left of the carving
table he resembles Sweeney some would
take them to be brothers heard a mar
give orders in the street to have Sweeney
arrested
WIN. Riley sworn-Live In Wilmington
was on the excursion; was in the dining
room saw Sweeney did not see any Of
the trouble between him and Davis saw
Legg at the carving table; did not SET
him do anything; did not at that time
know he had any weapon.
VIM. II. Quinn sworn-Am merchant
tailor live in Wilmington have known
Sweeney since 1885, his character fol
peace and quietness is good.
Savoy Evans swOrn-Was born In VII
mlngton know Sweeney was on the ex
cursion was coming up from the boa
and saw the crowd Sweeney bad hold o
two men, and the officers had hold o
them Sweeney said 'let these men go an'
, will take them to the boat the officer
let 20 OF the men and arrested Sweeney
have known Sweeney from boyhood hi
! character was good.
Lewis Mason sworn-Was on the excur
I sion reside in Philadelphia at the tim
, of the excursion lived in Wilmington say
4 the trouble at the hotel; saw the fist
\ going, but cannot say whose they were
. | was in the new part of the hotel, but di
n not 90 In where the fight was did not Sc
: Sweeney there.
+ Leighton Grimes sworn-..iye In Wi
4 | mlngtOn; am a member of the Fam
Hose have known Sweeney since 1860
A saw sseeney ~ the new dining-room sa'
n Mcguire aud Sweeney going out Of Ii
n door saw Legg few minutes before th
a trouble, eating his dinner.
a. Hugh fWeeney, ST., sworn-Reside
Wilmington an father of defendant Al
boot and shoemaker by trade; know NJ
sons character to be good
At this pIint defence rested.
# MIR. lloagani began to sum up for IL
, State.
In nd Messing the jury he said that
RI ,h,y cams IL ,hr conclusion that SweenC
was MT rnil of manslaughter, the
II, uuld ruuvic TT assault and battery.
y ic succeeds ia getting clear we may
~. subjected To tie same thing at some da
lis ngoin. You must judge of the anniml
h.. Of the WITNESSES in this case. Their wi
'is nasses my agree on the same facts, b
an tell different story. He would not 20 4
, to detail of all the facts. On the 10Th
. August there was an excursion fro
nj Wilmington; the party scattered over tow
nj and large number of them went to Davl
lie hotel for dinner. George NJ. Davis car
In, to his death on that day from blow
the fist or some other instrument Swe
"a ney was there confronting Geo. NJ. Dayl
mi and we have shown by five or six W
no neeses, who have not been impeach
ok except by these Wilmington men, tn
N Davis was struck once or twice by SweenG
liz Mr.. Rockwell says he saw Sweeney a.
Davis at the carving table, and Swt
ne, ney himself admits that he was in {
as position described by Rockwell he 50
Iii Sweeney strike Davis and when he We
in, in he saw him strike him second tin
o.. If he makes this out, he makes Sween
perjured man. Somebody has lied
in this case and it is for you to say who
ne was. When Sweeney was arrested he {
ma not say that some one else struck Dav
alr that was an afterthought. Can y
doubt for an instant that George NJ. Da'
.au knew who struck him. II is easy
iri, them to come here and testify TO plal
he ihle story, but not conclusive one. III
IL, man has a vital interest in showing Il
he is innocent. We have no more inter
in 1t than seeing the laws vindicated.
ce come into this court with no spirit
me vengeance. We ask justice in the rend
,nt ing Of your verdict.
H.. John S. Mitchell, Esq, then address
nd the jury in behalf of the prisoner.
ths said upon looking over all the testimol
H., You are convinced that Sweeney did
-, strike Geo. NJ. Davis. This case Is not
ted be tried by the prejudices Of the people
ynn this town or county, but upon liz mel
'ior as though Hugh F. Sweeney was r,
ays dent of this town or county Because
rt came from Philadelphia or Wllmiugt,
,aI is no reason why he should not have
ind same justice melted out to him as one
AT. our own citizens. Every man ls /
he sulned 10 be innocent until he is fou
non guilty. All that the State ought to ash
an that the defendant shall be fairly tri
,yas while we do not forget the departed,
co. Us not forget what We owe to the livi
tai Your obligation Is not that you sho
= oi sacrilca an innocent man. We KIN
mr. that if in your jungment that maj
4. guilty of manslaughter, the learned Jul
ltnp can cousign him for years to the penit
I'm uary. But my colleague and myself o
.inp pray that ju-t.ce may be done.
ON Al this point the court adjourned u
van 10 a. M. Wednesday. CLAREScI
b,rs Special Telegram To EvRRE EvRSISa.
III, BRIDGRroS, n. j., Jan. l6.-Swee
the has been convicted OF manslaughter
who assault and battery.
held LATER THE PRISONER SENTENCED
20 BRinGEros. n. 16th.-sweeney
'"ul seutenc Il 10 State Prison for live y,
"a le hard labor,