The daily gazette., 1879-11-22


particular brightness until | had INV al.
Mniion called to 1t by the ATTORNEY Gen
era' l never noticed that hs was un-
usually quarrelsome never considered
MN prodigy in Intellect.
The State here clio ,ed
MI. Is rd, In opening for the defense,
alluded to the youth of the prisoner, who
wouiu oe TOO young to testify in his own
nall did the law not permit him TO do
80. Inc youth Of the prisoner WAS not
the saddrst ph se of the case a b abe he
vas deserted by his mot her and left,ipon
the cold chari y of the world. 1t was
case which a father on the jury, in con-
siherinR, should remember thaf he has a
son The State has closed, and for the
hrst time the boy speaks for himself. We
VIII Try bis case IA a mans cise as
though he were man with the heart OF
man and mans knowledge of LoOd
and evil, and when all the evidence is in
your verdict cannot help but be one OF
acquittal.
Mary Brown. COL, sworn-The priso.
ncr is my ndop'ed son whom have rear
Ell from an infant his mother Adeline
Baker, said She ciuc from Canada, and
IN 1867 brought hun to ne when 10 was
months Old she said H., would ri We me
70 cents week II would keep him ;
go. 81 Cents once, aud never saw her
again ! was weeding potatoes in the
garden the day of the murd r. | heard
w HE, tthe accused) crying on the bill,
and thought il wasn't much, for when
the boys whipped him he always cried, :,
aud wOnhi not fight I looked and saw
Sunny Bd'son catch hold of his jacket
and tear the sleeve he got away but
Batson followed him up 10 fight, and he
waved the hat to keep him back one
lime the bat hit him on the side of the
head, hut II did not seem to hurt hurt
him ; ] then went up and got Willie AMI
took hun home neither Backus nor
Summons were there when | went up !;
Simmons did ! OF try to part them.
Cross-rxamined-I called TO Willie to
were about a square distant when they
we're quarrelhng.
Ell as johns col, sworn-I live in
Jessup's row, and Ia June last, work
I'd III the old brick yard; in returning
from my work that night, | passed near
by the place where the boys were quar-
reliDg; BitsoD had the bat in the first
place, aud when Brown got it away
from him Batson started into him; they
had tussle over the bat in the first
place when Brown held the ba. and
waved it up and down to keep Ratson
away, and backed ts get away; Brown
fell Land Batson sprang on him; Summons
came anu parted them, and then ! left;
before that Brown hit Batson on the
ide of the head all the while warning
him to stay back; after the blow BatsOn
walked away by himself. and as he vent
| heard him say, God IN you, III psy
you for this"
Cross exam ned-I saw but one blow
struck; 1t knocked Batson TO his knees,
was not paying much attention until
that blow was struck.
Joseph T.. File, sworn-I live near
where the hight took place; " bile IL was
going on saw Elias Johns, the preced-
ing witness near, and he could zee il
plainly.
James 1rusty, col. sworn-I was talk
ing with Elias Johns, at Eighteenth and
Tatnal streets while the beys were
wrangling; when the trouble commenced
| b Batson had the bat; he started toward
Brown, who told him TO and back ;they
| closed and Brown got the bat away, and
backed from the place, followed by Bat
| sou, until he fell; Batson then jumped
| on him; Brown at length slipped from
| under him, and was again followed; be
was waving the bat all the while 10
keep the other off aud finally he came
| too near, aud Brown hit him with the
| bat and knocked him down; after that
again Brown fell and Ba,son got on him
auu oteVe oiumouS poiteu thchh, a. Da'-
| son left he said, ,"you - OF D.; III pay
| YOU for this" There could not have
| been any niher blows without me hear
ng them: Brown was the stouter lad OF
| the two.
During the cross examination, the
| witness contradicted himself and several
| times got much confused.
OH Ger NJ ichael Sherry, sworn Know
| Barsun; his reputation for peace and
| good O, der in his neie ehborhood is excel
| l.nt.
Cro.s examiued-Un this charge
was brought l never heard word
against the lad.
| John X. Kane, NJ. D., sworn en-
| ployed Brown around the house; he was
| kind ami gentle; one of his duties was to
| take children out to walk.
| HIP. Grubb and James l.. Hawkins
testi fed that the prisoner had good
reputation in his neignborhood.
The defense here rested the case.
Deputy Attorney General Cooper ad.
dressed the jury for the State, and in
commencing, spoke at some length upon
the law governing such cases, citing
| numbn of instances in which childten
| of tender wears had been put To death
for crimes. He had said in commencing
the case that II tue State found thai u
evidence did no: warrant the State III
claiming a verdict of murder, 1t would
mod fy The claim; from the character ol
the evidence the State claimed sir.ply a
verdict of manslaughter. They did thi'
not because the killing was uniatention-
al, or that the crime, itself, had any ex
tenuatIug circumstances, but OF cousn'
Grafton for the tender years Of the pfiso
ner. The speaker th' II urged the jury
to get all quest ons, tending to convic
lion for murder from their minds, ant
TO consider whether the prisoner wa
guilty of maosliughter or not. He theI
went on at some Length TO review thu
testimony on both sides, and forcibl,
drew deductions iheref, ON applicable Il
his view of the case.
At5l5 tho Grand jury came dowI
and were finally discharged from future
attendance at this term.
Court adjourned at q o'clock, to NEE
at 8 o'clock tomorrow morning, whet
Mr.. Bird will make his argument in tn
Brown Batson case.