Evening journal., 1888-11-21
SWEENEY AND MARLIN.
The Case of violent and nTurderous As.
sauIt in Court-The Defense of 1t.


AS soon as court convened this morn
ing, William #. Willing was brought in
and sentenced. The Recommendation of
mercy from the jury caused the court to
remit to corporal punishment. The SEN
tence was $500 fine and costs and one
years Imprisonment. The indictment
for the assault on Jonathan I. Lohand
was nolle prosecuted.
The case of the state VS.. Hugh +.
Sweeney for murderous assault upon
Thomas Martin was taken up. Levi G.
| Bird, Sweeney's counsel, wished to enter
plea of guilty Of assault, which the
state assented to. The case, however,
was heard by the court to determine the
extent of the sentence
Thomas Martin, the prosecuting wit
ness, took the stand. Being entirely deaf
the oath was written and read by him,
thus being taken. He was asked in writ
ing to tell all he knew Of the assault He
told the story entire. He claimed that
Sweeney struck him first
They fell on the floor and his friends
pulled him off. Sweeney said he had bit
his ear. After he went out and was walk
ing along Second street, he was struck
in the head by a stone and stunned.
Witness said he could not hear, smell
or taste. His hearing was all right be
fore being hit
On being cross examined in the same
manner by Levi G. Bird, counsel for
Sweeney, he said he had not promised to
leave the state for $3.50 Mr.. Biggs
stated that the witness had called on him
several times and asked that the case be
dropped but he would not consent.
Arthur Wilson who was with Martin
on the night of the assault testified TO
the trouble in the saloon. He saw
Sweeney throw the stone that hit Martin.
Sweeney was six or eight feet away when
he threw it, The men said nothing to
each other at that time
On the cross examination he admitted
hearing Martin say that he was as good a
man as Sweeney any day
William I. Rudolph testified to seeing
Sweeney after the fight in the saloon.
He saw Sweeney throw the stone and
saw Martin fall to the ground He heard
no words pass between Martin and
Sweeney.
DR.. Morrison testified to the injuries in
hieted by the stone on Martins head, and
removing small pieces Of bone from the
wound The wound was very danger
GUS one. On cross examination he stated
that he believed from his knowledge Of
the case that Martin could hear nothing
DR.. Howard 0gle testified to attending
Martin in consultation with DR.. Morrivon.
He corroborated DR.. Morrisons testi-
mony.
The point was raised by Mr. Bird that
Martin had conyersed with persons since
the assault and was therefore not deaf.
At the request of the attorney general
Drs. Morrison and Ogle retired TO ex-
anime him
John Comegys was the first witness
called for the defence. He testified to
the fight in Ringers saloon and swore
that Martin hit first. He saw Martin
in saloon one night two weeks ago
drunk.
William Smith testified that Martin
hit Sweeney first and the men clinched
and fell, Martin gnawing on Sweeneys
ear and growing like a dog.
Edward Meredith swore to the circum-
stances Of the fight and to Martins say
ing that he could lick any Irish Catholic
- - in the town
Alexander Hagany also saw the fracas
in the saloon. Edward j. Gibbons gave
his version Of the affair.
AT this point Drs. Morrison and Ogle
returned and DR.. Ogle testified that they
had taken Martin to DR.. Read J. McKay's
office and having examined him. all three
united in saying that he was deaf to all
ordinary sounds. The deafness was
caused ty paralysis of the nerves of hear
ing, caused by the blow. He understood
familiar words by the motion of the
lips.
William f. Rudolph was again called
to the stand and testified to arranging
pigeon match with Martin on last Mon
day afternoon, in Kellys saloon. No
writing was used TO communicate. Mar
tin heard well enough and conyersed.
James AcHugh testified to hearing
Martin converse about a month ago.
John E. Sweeney correlated McHugh's
testimony in seeing Martin converse on
last Monday in arranging pigeon
match.
Bernard Sweeney was also with the
above persons. He testified to Martins
coming out OF the saloon and telling him
that he would skip to Virginia for $3.50.
The conversation was carried on in a low
tone of voice.
Alexander Whitcraft was also in the
saloon that day. He saw no writing used
in connection with Martin
Thomas l. Russell was standing across
the street at one time and saw Martin
and another man talking together He
called the attention of a man to it. This
man went over and when he returned
said the man was not deaf The case was
then submitted to the court
In then divorce case of Ulysses Grant
Evans, Mr.. Bird, counsel for Evans, Of
fered to give bond for the payment Of
50. 80 a week to the woman for her sup
port.
The grand jury came in at 12 o'clock
and their work being done they were
thanked and discharged By the court.
Court then adjourned