Daily Republican., 1879-11-22
QUE COUNTY COURT.
Of the Trial Of the
Brown natsOn Murder Case-sS0w
Witnesses Nee 1himgs from nif.
Gerent Stan Il poiuts.
tally Reported for the Republican

Witnesses Nee Things from kiiI'
ferent Stan d points.
Specially Reported for the Republican
New CASTLE, Nov. 81.
Elizabeth Gustus, sworn Lived in
Brandywins know Brown and Batson;
the boys we're playing ball back OF the
house; did not know they were done
heard nsise and looked up where
Brown and Batson were; Brown had
the bat raised and was saying "G-d
d--n you, give me my ball Cd d--n
you, give me my ball !" the same was
repeated very often Bstson, instead OF
giving him the ball, took it from his
pocket and threw it down the hill ;
Brown, crying, said, cd d--n you,
have a notion to beat h! out OF
you" saw Brown strike him with
the bat; saw Brown in 1865; he was
large enough to run about Brandywine
wharf; pretty steep Hill from back OF
my yard to were tae fight took place;
Batson refused to give Brown the ball;
attracted TO scene by Browns loud
talk; heard Batson say nothing; he
kind OF held up his hand as ifto ward
off the blows ten minutes were
consumed by the quarrelling and wrapg
ling by the boys; Simmons ran and took
the bat from Brown; Brown went home
with his mother and Batson went home
with his mother; Batsen said to Brown
as he was going to the house, never
mind you'll pay for this; Brown was
some four or five years old when saw
him in 1865.
william 6ustus, sworn; ain the nus
band Of Elizabeth Gustus; saw and
heard the disturbance. The evidence
was about the same as that of the pre-
aedng witness.
Henrietta Fisher, sworn; live on Jps
snp's Road; knew both Brown and Bat
son; | was not at home hen the boys
went out; but got home before they
came in; went up stairs to make my
bed; after bit heard terrible rack
ct; cussing and a swearing out where
the boys We're; paid no attention fol
they often wrangled; the noise kept on;
aud at last looked out OF the window
aud saw these two boys; ! thought it was
only a quarrel and went to work; again
heard the noise continue; and looked
out again; when | saw Brown strike
Batson two blows Batson had
hold of his own arm and was cry,
ing at the top of his voice; never heard
him cry before; went down stairs t,
stop Simmons my grandson from getting
into trouble; saw him take the bat Out
Of Browns hand aud hand it to his
mother. | was about as far Off from ths
place of the fight as across the stree
from here.
DR.. Bayard T. Smith was sworn
The court here took recess until
o'clock.
AFTERNOON SESSION.
Court re-assembled at 3 o'clock Chic
Justice Comegys and Judges Houston
and Woot,en on the bench.
DR.. Bayard T. Smith sworn:--l reside
in Wilmington; am practicing physi
clan; am graduate Of Yale Medica
College; have had four years practice
did not know Batson; was called in tt
see him at his fathers house;proceeded
at once to make an examination to see
if life remained; found on the left side
of the skull, two-and. a halt or three
inches above the ear, a Iacerated wound
about an inch and half long; did not
see any abrasions elsewhere; suppos.
that deceased Iad been dead about
three quarters OF an hour; think that
the wound could be produced by a
blunt instrument, such as a club or a
base ball bat; death would bs produced
by concussion of the brain, by blow
from such an instrument; it is my opin.
ion that death was caused from that
blow.
Cross examined by defence THE
b ow caused conclusion; death might b.
caused from other tributaries, fright for
instance do not think that blow
given by the prisoner at the bar,
would produce death without tributary
causes spoken OF.
By State A prisoner affected by
fear could be killed much easier than a
s-lf-pos sessei person.
George Batsrn, sworn Am broth
-r of Samuel d. BatsOn, deceased wa
in Andersonville, on the afternoon OF
the quarrel when | arrived home my
brother was in spasms he did moi
speak he lived until about O'Clock
saw DR.. Smith there.
John j. Gallagher, sworn Know
William Brown; have known him
about ten years has been i'll my EN-
ploy as errand boy wasas intelligent
as any boy of fifteen years think that
with proper care he would make re-
markably smart man never knew him
TO be very qnarrelsome.
The State here closed.
Mr.. Bird then addressed the Jury,
In substance as follows:
Gentlemen: You have come here from
the peace and quiet of your homes, to
render to the State i'll which you live,
\ duty, which, perhaps, is the most
solemn you have ever been called upon
to perform. A hoy is charged with
murder--a boy who was deserted by
his mother when he was but three
months old-a boy who never knew his
father--a waif in this cold and cruel
world, he was adopted by one who staid
by him, and took care Of him as a
mother. Your duty id one which every
jurymau must approach with falnt
heart. The State have closed. The
curtain has fallen upon the incidents
of the scene upon which they claim a
verdict Of guilty. The boy speaks for
the first time. He will tel! you through
his witnesses the happenings on that
syentful afternoon. We will try him
as though he had the nerve and soul
Of ,oan--not boy, and by the testl-
. FHIr