The daily gazette., 1879-11-22

DoNs AN EFFORT TO SECURE A WEIR
DICT OF hUKDHR, AND CLAIMS ONE
OF MANsLAUGuTER.
Especially reported for the GAzErrE.l
New CASTLE, Nov. 2l.-'rhe GA
ZETTE's report closed to-day in the midst
Of the te, tinlony Of Elizabeth Gustus in
the Brown-Batson trial, which Was fairly
under way. The continuation Is as fol-
lows.
Elizabeth Gustus, continued Brown
had TIE bat raised when l heard him
say, &C d you," and Batson, who
Was close 10 him, u ok the bail out Of
his pocket and threw it down the hill
Br ,wn said, "you d. 5 of b.. Hil
wi. ale h out of you with this bat"
Brown stood there cursing and crying,
then grabbed the tat with both his
hanfs and brought it down on hin.
[ heard the lick to my house aud said
"My God he'll kill him )" Ba,sun was
standing up wien he hit him fist the
second time they were out Of my sight;
| saw the bat raised and descend ] saw
Steve Simmons and Mary Brown run
ming tue next thing | saw was Steve
taking the bat from Brown aud handing
1t TO Biown's mother. Balson went
towards his house, and ar the house
said, "never mind, you'll be paid for
this" have known Brown for years;
| first came here in 1862.
Cross-examined. - In 1858 he appeared
to be four or five years old.
Question-From the time you heard
Brown use the bad language until the
bat WAS raised in the air, how long
time elapsed
Answer-At least 10 minutes.
William ii. Gusttis, coll, swOrn-At
the tim. of the murder lived in Jes-
SUBS lane; / remember the murder;
was in the house and saw the two lads
standing on the hill; heard Brown say,
"I'll maui hell out of you with the tat"
I saw Batson make at him ard then saw
Brown hit him and he fe!; this was all
| saw of the QUARREL did not see the
blow struck, but saw the bat descend
and heard the blow; saw the boys go
down the hill, and the next saw of Bat
son lie was dead in his mothers house;
this was at 8 So'clock.
Henrietta Fisher, COL, swOrn-I live
in Jessup's row, and was neighbor Of
Elizabeth Gustus; lnew Brown and
knew Batson; was up stairs making a
bed, and while there he ir1 great swear
ing ON the hill; locked through the
window; and, up on the hill, Il saw Brown
and Batson; thought it was OF no c'n-
sequence as they often had trouble; l
went on with my work; after bit l
heard the blows; looking out l saw that
| Brown h d hi Ba.son, who was crying
loudly, and following Brown up, who
said "Cive me the ball." ran down
stairs, and when got down there saw
Stephen Simmons run up and take the
bat from Brown who had Bs,son down
and was hitting him with 1t on the
head.
Cross ss.examined-1he boys often quar-
relied, aud thought nothing OF II until
the murder.
| Recess to 3 o'clock.
Upon the reassembling of Court, at 3
o'clock, Levi c. Bird, asked that the
| Court make the homicide case of State
vs.. Hugh Dugan an order for Monday,
December lst. This the Court granted,
and the witnesses In the case were dis
charged until that time.
| State VS.. William Brown resumed.
Bayard r. Smith, NJ. d., sworn-I am
a graduate of Y ale Medical College, aud
a practitioner in Wilmington; on Satur-
day, June 7th, at 8 o'clock, p. m, was
called to see Samuel ID. Batson, and
found the lad dead; deceased lay on bis
back on the sofa; found no signs OF
life, and examined for wounds; on the
left side of the skull, two or three inches
above the ear, found wound extend
i:.g into the skull; 1t was lacei ated
cash, as If made by some blunt instrll-
ment with round smooth surface; he
had evidently been dead three-quartcrs
of an houi; Chat shown) that bat could
make such wound; the wound was
sufficient to cause death, and In such
case death would result from conclusion
of the brain, it is my opinion that deat'
was caused by the blow that produced
the wound. ..,
Cross-examined-The violence will
which blow is given is likely to govern
the time Of the life of the one who re
ceives it /; if, after receiving such blow
the wounded person should walk
thousand yards there might be thing
tributary to the death, such as fright
from the size of the boy and the you'll
of the victim there were certainly othe
tributary causes that fastened his death
e-direct-(bat shown,) after feeling
the bat, think the blow would hav
caused death, without any tributar
causes if a person were under excite
men,, he might be more easily kille'
than otherwise. The physical effect o
fear upon the brain is followed by de
preston, and in this state deathcould b
| nroduced more easily.
BY Mr.. Bird-If a person were 10 re
ceivs such q wound as you have dc
scribed, and would greatly fear the cor
sequences, would 1t have any effect /
; Fastening death?
The Court objected 10 this questio
being asked until Mr.. Bird could prov
that the murdered boy had entertalne
such fear. .....x
brother of the murdered boy; when l g
a home that night my brother was lying o
e the floor in spasms, and died ab0ut
o'clock.
j John j. Gallagher, sworn Il hay
y known the prisoner for years; he hi
s worked for me.
Ouestion-What kind of boy was l
: In regard TO intelligence?
II Objected to by MIR. Bird, but sustaine
by the Court. ;,
e Answer-He was boy of ordinary Il
, teIligence, and as intelligent as one cou
expect boy of 13 to be; he was qni'
n to pick up knowledge; thought IN
!. under proper care he would have mat
an Extraordinarily bright man.