Wilmington daily commercial. [volume] (Wilmington, Del.) 1866-1877, 1873-01-15
THE SWEENEY MURDER TRIAL.
Second Days Proceeding
The Prisoner ON the Stand
Resume Of restImony for Defence


NNs~s@-A~sNs~N4
BRIDoEroS, N. J.. Jan. IA.
At the opening of the Court, this morning,
Henry Henderson was placed upon the stand,
who testified that he was in the dining room,
on the 14th of August the defendant was at
the right Of Davis, with his fist drawn lady
was pressing against him heard Davis say tar
rest him !" the officer said ''show me the man" !;
he could not quite reach him !; the defendant had
his back to Davis; George was nearer to the
defendant than was was struck ct by man
who came on the excurtion but do not know
who he was did not hear Sweeney say anything
in the room saw the contest in the street Davis
took hold Of the defendant and helped to take
him to the lookup; the defendant was in his
shirt sleeves, and had light moustache.
Henry A. Jorien testified to dressing the
wounds Of Charles Davis; 1t was . confused
wound which appeared haggAred, and as IL
made ty blunt instrument
Smith A. Beckham testified that he was well
acquainted with deceased and that he was about
5 feet inches high, and weighed about 125
pounds.
The prosecution here rested.
John s. Mitchell Esq, addressed the Jury in
few words, saying that he would endeRvor to
prove that the blow was struck by another man
than Hugh f. Sweeney, and that the blow was
inflicted with q blackjack. He would produce
the evidence OF scientific man, who would show
TO the Jury tno COuclublV6nbbh OF LQ1b IAct, ana
would show there was no striking on the part Of
Sweeney.
He called as the first witness, Hugh F. Swee-
ney, who eaid that previous TO the excurtien he
worked in Philadelphia at cArpentering while
in the dining room talking to George Davis about
seeing a fIiend, Davis told him to go out; he
beckoned to his friend, John Mcguire, TO come
to him, who held him by both arm; that LOWS
P. Legg got up from the table and come over to
the carving table and struck Davis with black
jack that Philip Baker stood between Davis and
himself and he said to Baker to go out with
him; that when arrested in the street by the
officers, he told them they had hold Of the wrong
man he had on light pants, purple vent, and
white thirt, but had no coat on that he saw
Legg put blackjack in his pocket whom he came
down here; that the doctor examined his knuckles
| in prison, and told the docter in answer to 9
question that they did not hurt him he never
struck blow with them.
DIR. John J. Reese, 3 practising physician Of
Philadelphia, said he was present when the ex-
animation Of the body was made thought the
| fracture of the skull was made by blackjack,
and did not bear evidence Of having been made
with the fist IL It had been made by the first,
/ the knuckle would have been bruised.
Miss Ella Turner testified she lived in VIII
mington and was here on the excursion, and that
she sat at the table with Lewis b. Legg she did
not know Sweeney Legg went up 10 the carving
table where Davis was standing; knew Sweeney
Miss Mary Baker lived in Wilmington and
come here with the excursion; saw Mcguire have
hold Of Sweeney; told her brother Philip to como
out as he was talking very loud she knew Legg
but did not see him that day until she got to the
boat.
John Mcclure testified to holding Sweeney
by both arms during the trouble, because he was
noisy and quArrelsome, and that he took him out
of the dining room; saw Legg at the table !
Baker was at the left Of him, he looked like
Sweeney; heard man in the street order swse-
VIM. Riley testified that he saw Sweeney, but
did not see anylof the trouble between Davis
| and him he did not see him do anything saw
Legg when he was at the carving table,
William II. Quinn said he was merchant tailor
| in Wilmington, and had known Sweeney IL
years, and his character was good.
Savoy Evans said he belonged in Wilmington
and came here on the excursion on coming
from the beat, saw the crowd Sweeney was
holding two men saw the officers arrest Swee-
ney; knew him from boyhood, and always
thought his character good.
Lewis Mason was sworn and said he lived In
PhilAdelpeia; saw the fracas in the hotel, but
did not see Sweeney there.
Leighton Grimes testified that he saw sween-
Mcguire go out the door; saw Logs eating his
dinner few minutes before the trouble.
Hugh Sweeney, Sr., the father Of the prisoner
testified that he always knew his sons character
Attbis point the evidence closed, when Mr. Hoag-
land the prosecutor Of the pleas, began summing
up for the State. He claimed that the prosecution
had made out their case that they had proved
Sweeney guilty Of the crime charged. He asked
that the Jury would render justice to all parties
concerned. He did not come there In spirit
of yengAnce. The testimony OF his witnesses
was unimpeachable, but some one has evident
" lied. he asked the Jury to weigh well the ey-
idence on both Sides and only Asked Justice in
the rendering of the verdict.
The associate counsel for the defence, John s.
Mitchell, Esq, In summing up, thought that
the evidence OF the defence could leave NO
doubt in the minds Of the jury as to the inno,
yenienoe of the accused. They had heard
how contradictory was the testimony Of
the prosecution. The testimony Of sweo--
ney was plain, unvarnished story, ~ well
as that of the other Witnesses, some Of whom
testified to the character Of the defendant as
being good. There was nothing in Sweeneys
evidence indicative of lie. There was nothing
in 1t that bore the semblance Of lie. It was not
picture Of the imagination. 1t was relation
Of the doings OF the defendant on that day.
They had shown by their evidence that Legg
struck the fatal blow, and that It was done by
the use OF blackjack.
The Oourt At this point adjourned till We'd