Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1888-10-18
CRY COURT.

fore the City Judge and As Held
for Court.
Hugh +. Sweeney, ex-ohiet OF the FIRE
department, who committed an aggra-
waited assault on Thomas Martin last
June, and since that time has been hid
ing, surrendered himself to the police
authorities last night week. In the presence
of Mayor Harrington and Judge Turner
he was admitted to bail in the sum OF
$500 on the charge OF assault with intent
to kill, John NJ. Newell becoming his
bondsman.
Sweeney was arrRigned on Friday for
assaulting Thomas Martin with intent to
kill. 8. A. Macallister, Esq, counsel for
Sweeney, desired to enter q plea of guilty
Of assault alone, but City Solicitor Ball
insisted that the accused be tried for
assault with intent to kill.
Martin was the first witness. He could
not hear when spoken to, and the oath
was presented to him In writing, which
40 signed after kissing the Bible. He
testified that on the night Of the assault
ne visited the saloon of Caroline Klinger,
on Second street, between Walnut and
French, and that Sweeney and others
were there. While in the saloon he and
Sweeney quarreled and tusseled on the
floor. Subsequently Sweeney left and
the witness left later, end when he was
passing Second and French streets
Sweeney jumped from around the corner
and struck him with stone. Written
iueries were frequently submitted to the
FITNESS, and in conclusion he said that
ais memory is not now as good as 1t was,
and that now be canhot hear.
Dr.. Howard ogle testified that he had
been summoned as consulting physician
and that he had found Martin in coma
tose condition, suffering from conclusion
of the brain and fractured skull. The
doctor said the wound was serious for
some time after the assault but whether
or not ii had affected Martins hearing he
could not say. Five witnesses testified
10 the quarrel in the saloon. They said
Martin began it and after knocking
Sweeney down caught and held the lat
ter's ear by his teeth One of the wit
nesses, William Smith, said that he waa
only 40 years old and that he drank
LIQUOR in the saloon, which facts the city
solicitor subsequently used advanta.
geously.
Mr.. Macallister admitted the assault
and claimed that Sweeney had beer
,orely aggravated. Mr.. Ball admitted
The aRgrayation and said Sweeney GOULD
have obtained redress in court. It wal
imraterial, he added, Whether or moi
Martin started the fight and whether Of
not he bit Sweeney's ear. That Sweeney
assaulted Martin il was not denied hui
whether or not the assault wea committed
premeditately was question. Judge
Turner reserved his decision until s 81
O'Clock Saturday morning. The case wa
lgein postponed until Monday morning
Nnen Colonel IS. A. Macellister, Sweeny'i
eounsel, inquired OF the court whether {
decision had been made in the case. Al
evidence was in and counsel would b.
glad to hear the judges decision.
The oourt--s.Other witnesses have beer
summoned. There is additional evidence
In this case which am anxious to hear.
Following some discussion between TIT
court and counsel for the defence, of
sotto voce nature, Judge Turner said
81 am not moved by popular olamor ii
this case. I want to do what 10 right
This is q onso for .he consideration Of th
gfft9us y pElaFai aat tsa iaui airy
My. Maealiister-'tR Before Won euno-'~"
your final decision want to say word
am aware of the fact that q great dea
official exertion has been expended il
working up this case against my client
Now don't want to excuse Mr.. SWeen,
in what he has done at any tim
NOR what he did upon the specia
occasion which is covered b,
the present charge. But remember
ing the circumstances of the story, ant
asking you to put yourself in his place
what would you have donef assert a
my opinion that the case is one tina
comes directly under the Jurisdiction o
this court. II is, after all. merely cas-
growing out of brawl in saloon.
say your honor, I would like the case i
be heard hare and now for the reason ths
you have the jurisdiction and upon 20
rests responsibility which you cannc
set aside. It ia your duty to decide this
/ speak respectfully but with o reoogni
tion of the rectitude OF my request. / cor
slider that this case is not one for the in
tervention OF an attorney general and
grand jury.
City Solicitor j. Frank Ball--"T hay
not the least idea of what my friend near
by official industry in working up th
case.' Nothing has been done outside {
regular legal process. My learned friend
assertions are vague and indefinite. Il
can very little"
The coust--"Ihe public prosecutor
not to blame for official industry. I n,
self directed the summonipg of the wi
nesses in this case and gave them into IL
charge of the chief Of police. So thgt q
responsibility rests with the court.
M. Maceliister--'u was only informe
In regard to peculiar diligence"
The court--"The prosecuting officer {
thin court did right"
City Solicitor ] Frank Ball-'tWe al
ready, your honor, to proceed with tn
CASE
Mr., MaCallister demutred against IN
ther hearing Of testimony unless the,
Yves an understanding that the case /
finally decided hs the close Of the hearing
The court-"Ihose additional witness,
have been called IN order that nay Inah
the commitment to the grand jury vi,
fullest evidence possibly attainab!s. Fl
line OF demarcAtien between cases Of q
sault and battery and assault with intel
to kill is very exact. j sm only a COZ
hitting magistrate. / am restricted to
determination upon the prima face "
dence. Did do otherwise ! would e
ceed the restrictions Of my oath, no,
the detendsnt in $3.50 bail to appear
the next court Of general sessions
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