Evening journal., 1892-04-14
CROSS IS NOT GUILTY.
The Steward Of the f p. Avery
Acquitted in U. S. Court

Life OF Limb Was in Danger when He
shot the sailor who Had tho Delaying
Pin-An Obscene Letter In the
Mails.
The witness to testify after Martin John !
son at the United States Court yester
day afternoon In the Isasc Cross case was |
Jeseph Smith. a sailor. He said that he |
heard the pistol shot aud saw the weapon
In the hand of Cross He first heard
johnson ask the steward why be didn't
make some hash The steward replied,
Don't come here and tell me what TO
do, or will fix you" After wards he
asked Cross why he shot Johnson and
told him to get out or there might be
some more trouble.
At this juncture Juror Hsrdcastle
was excused on account of illness.
DIR. Hiram r. Burton Of Lewes testi'
fed that he attended johnson after he
was shot. he was unable to find the
ball, but it was not likely to cause
death
The prosecution rested here aud the
defence opened. Isaac Cross was the
first witness called. He said that he
shipped on January 4, 1892. On January
g. Johnson came and brought back the
food and wanted to know II the captain
wanted the men FED in this manner.
johnson came back again after his
supper on January 8, and wanted
hash made of the food. The
witness told him to go away, and said
that perhaps he wanted TO go In and 6x
the hash himself Johnson went away
and came back with a Delaying pin
/ 80 krfl lro uo tol1 -. hal
! but johnson followed him into his room,
and it was then that he fred. Matthew
Goshen was next called to prove a state
ment made by Johnson while in Jail.
Judge Wales decided that the testimony
could not be admitted. The court then
adjourned until this morning. when
argument will begin.
Argument in the case Of the United
States VS.. Isaac Cross, was opened by
Attorney Beniah Watson for the Govern.
ment, this morning. BE urged
the Jury to throw aside the testi-
mony of l.aac Cross, the prisoner
He said that he was the only witness for
the defence and It was human nature for
him to try TO save himself What he
said has been contradicted Cross ried
to show that Johnson was a trespasser.
he was not for he had right to go to the
galley. 1t was not great crime to ask
the steward to change the fooo.
Mr.. Byrne then addressed the Jury.
He said that it was always legitimate to
attack a witness. The prosecuting wit
ness had an ugly temper, for, even
on the stand, he displayed bis
temper Had not Cross ample
reason to defend himself from this
man johnson who approached him
with Delaying. pint He sought to bull
. dozs Cross. Take the two men and com
pare them johnson is large and burlJ
r man and Cross, small and delicate. Wher
, Johnson took the pin he went back tC
the galley to see which was the better
man. Gross did not intend to kill or h'
: would not have taken his pistol with thI
] left hand and fred but a single shot
Judge Wales. in his address, said that
Isaac Cross was indicted under tive
charges. There is no doubt about th'
main points Of the case. Both men shlppe'
J. at South Amboy and we're stranger
I 1.-The question is, what is Cross's excus
2 for shootine2 What did he take tn
r Delaying pin with him to the galley for
J. Did he come back to strike th
0 steward or to have an expla
s nation9 You can Judge whethe
j. he went TO the galley for a peaceabl'
n purpose II Cross believes he was in
q danger he had a right to defend himself
i Self defence is often given as an excus
{ for crime of this kind. The Judge the
reviewed the testimony Of the witnesse
and told the jury that they should jndg
whether Cross was actually in danger o
r. life or limb.
n The Jury went out at 10 05 o'slock
It The next case was that of John 7
10 Poor. charged with sending an obseen
It letter through the mail. Poor was repre-
q, sented bp Mr.. Vandegrift. he elaine
'e that the letter was sent in a private an
n sealed envelope and the man could not b
8. held.
ID The letter in question was sent to D.
w. II. Cooper OF Kenton Del Mr.. Val
degrift contended that IL the contents
the letter had been made public before
was mailed the parties sending it wou
be guilty. But In this case 1t was not.
ID At 2.10 o'clock the jury In the case
Steward Isaac Cross came In with We
Of dict Of not guilty. Cross was dischargl
= by Judge Wales Before leaving Il
ID room Cross thanked the Judge and iur