The daily gazette., 1878-12-06

fac. of the prisoner showed no evidence
Of man who was villain.
While this witness was upon the stand
Harley Brown sat In the dock with his
head in his hand and most agonized
lexpression on his face. His eyes were
filed with tears, and ever aud anon his
Iwhole person seemed to shake with the
burden of sobs he vainly endeavored TO
Isappress The tears could be seen trick
ling down his face, and every few min
utes he would apply a handkerchief,
which he held in his hand.
VIM. Legg recalled testified that upon
arriving at the scene of The accident with
| the Jury, he got out of the car and took
the tie and showed how 10 was placed on
the track; remember the Attorney Gene
raj who was present cauuoning Brown
| not 10 make any statements unless he did
so freely and willingly. Brown stated
that he had gotten the tie out and threw
IL aide but with one end still on the track
/ When he got IL out he startsd TO
run signal the train which, he heard
coming. He had jerked out the cross-tie
aud threw II carelessly aside with one
end on the rail. have .he tie now and
I il contains marks as II the cow catcher
was Just high enough TO ride over IL.
Cross examined When he heard the
whistle blow Brown said he was terribly
excited he might have said that he
thought he threw IL clear off the track.
Samuel Phillips recalled. The wreck, d
train was put on ~ regular train run
ming at that hour from Philadelphia, and
known as the southern express, in Sep
tember 1876.
DIR. Howard Cgle, sworn: He was ca
led upon by Detective Legg, on the night
of June 18th, and went out to the scene
of the disaster; saw the body of the engi-
neer his wounds were sufficient TO pro-
duce death.
James O'Toole, sworn: | am Chief of
Police of the City of Wilmington; | ac-
companied the Jury to the scene Of the
member Brown saying that he thought
he had thrown the tie clear of the track.
| The State here closed It's case, and Mr..
Lore opened for the defence.
He said that instead Of the State prov
ing n great crime they hal proved nearly
a chapter of accidents. We shall rely in
the defense to agreat extent as to the in
tent in throwing this train from the
track; that II will be a legal matter for
the court to charge YOU upon. But we
will also rely upon facts showing char
acter for peace, kindness and good char
acter that any man might be proud Of
We shall then show to you not that Har-
ley Brown IL a crazy man, do not mean
TO put it on that ground, but that he was
a peculiarly constituted man, that there
was that about his actions and conduct,
that while he may not have been crazy
on that night, yet he was not like
you or /, that there was
lack of reason, knowledge and accnun.
liability as TO what he was doing and its
results. We shall show you that This
was constitutional defect and part ol
the mans being. We shall show you
that in 1868 his head was crushed between
two cars in a railroad accident; u 1873 ht
was snnstruck and had IL not Ibeen fol
the kindness he received he would no
, have recovered afterwards. He waslhur
, when he went to Maine by the falling o
a tree again on the head; that he hat
, been unsuccessful in making a living
that these things combined to render hil
; mind like that of a child, unaccountabl,
r for his actions. From these fact
we shall show you that Brown wa
1 not maliciously and wilfullv guilty o
[ murder on that night; that he did no
place that tie on that track with the in
tentto commit murder. This mans lif,
is in your hands and we expect from yol
a just verdict; that you will true deliv
erance make between HIM and the Stat,
!. of Delaware
}. Mr.. Kimball Eastman, sworn Am
= postmaster of West Graham, Maine
> know Harley Brown first became aC
Maine his reputation there was yer
/ good.
Charles $. Sherburn, recalled, testlfie
l that in 1868 Brown was hurt at the cana
0 bridge bv being knocked off the train;h
y had his shoulder hurt and was stunned
n we took him TO Aiddl-town.
David King, sworn: Set up with Brow
=, lie was cut about the head; he was flight
during the night.
Lemuel Hitch sworn: Brown was o
O about six weeks after being hurt
y Samuel Townsend affirmed Kne'
Harley Brown had sunstroke it wa
a August Goth, 1873, during the wash-awa
|. OF the railroad. lie was carrying baI
I gage down the road, and when opposil
:. Townsend he fell TO the ground uncol
;, sclous we picked him up and admin
tered the remedies Had he fell fe
hundred yards further up he would has
IL died.
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