The Providence news. (Providence [R.I.]) 1891-1906, 1892-10-14
SULLIVAN Is GUILTY,
The Sentence Was Deferred or
Exceptions.
THE JUDGES INSTRUCTIONS.
sullivan Guilty IL He was Present When
the Assault was Committed-seI De-
fense Not Claimed-rhe Defendant Not
Obliged to Prove His Innocence.

At 2 o'clock yesterday afternoon.
George j. West, counsel for Daniel SnlH-
van. began his arguments 70 the Jury.
After opening with u few remarks upon
the object of a jury he summed up the
States case and argued that the only eyi.
dence which tended TO show that Sullivan
was any where near the scene OF the
crime was the testimony OF Mr.. Wiley,
who said he saw him on Morris avenue in
company with others
This was the only evidence in confiic-
tion with the alibi. He then argued upon
the relative credence of the testimony of
the man Wiley and that of Ilndsley.
who was corrob orrated by three other
equally disinterested witnesses. He
called attention To the improbability of a
man meeting another man who was a
perfect stranger To him under -eireuH,-
stances which gave no reason for his ever
recalling the occurrence, and being able
months afterwards to positively identify
the man.
In regard to Sulliyan's statement on
the stand that he left the car because be
didn't want any part OF it," he said the
jury should be as ready 10 put AN inno-
cent construction upon IL as a guilty one.
IL could be accounted for with good
he referred to the long ride AS he wanted
10 get home or TO the transaction about
the land.
The attorney general then began his
argument for the State. In regard TO
Willey's testimony he said that within a
few hours OF the time he saw the men he
heard of the crime and naturally recol-
lected the men and their appearance.
The same applied TO Conductor Cornell
Before he got fairly we'll into the case the
court adjourned until this morning.
Attorney General and Judge.
This morning the attorney general con-
tinued his argument. He claimed that
the alib was no alibi at all. An alibi TO
be good for anything mist prove conclu.
sively that the defendant is ia another
place at the exact time the crime was
committed. This the defense ha, not
done.
He claimed that the State had proven
conclusively that the man was guilty,
for he was seen in Morris avenue ia com
pany with the other two men. He
claimed that even - Sullivan stood by |
and saw another stamp aud ju np upon a
man, he WAS an accessory and just as |
guilty MS the chief actor
But Haswell said they both jumped on |
him. They knew he was an Old feeble |
man and they intended TO kill him. The |
property was found on the defendant, and |
II was incumbent for him to satisfactorily |
explain the possession of IL.
The court began its charge TO the jury
a few moments before III O'clock. The |
charge was delivered by Judge Wilbur.
George j. West was unavoidably absent
during the charge. The court said that
the finding of the grand jury should not
affect the consideration Of The case by
this jury.
The finding Of the man guilty by the
grand jury was the only way in which
the accused could be brought before this
court. The distinction between murder
and manslauRhter was explained to the
jury, and the fact that the defence in this
case was not self-defeuce, but an alibi,
made the term manslaughter foreign TO
this case.
Attention was called TO the alibi, par
ticularly upon the matter of time, the
court holding that people were more apt
TO be mistaken on that point than in re-
gard to any other one thing.
Mr.. West handed II written request TO
The court to instruct the jury on certain
points The first was that the Jury be in
structed that IT must be found that death
was produced by the means sol forth in
he indictment. The jury was so,in-
The other request was that the Jury be
Instructed that unless they found that
the wounds producing death were infiict-
III by the defendant in person. the defend
,nt could not be found guilty OF murder.
The court had already ruled against this
point.
AT l1:55 o'clock the jury went out to de-
ibera,e.
AT 240 the jury returned to the court
'oom with a verdict Of guilty.
Thomas West moved that the jury be |
oolled, and the court granted the request.
Zach juror answered to his name with
guilty"
Sullivan did not seem very much
moved, but simply bowed his head.
Ieorge .. west gave notice OF exceptions
md sentence was deferred.
Mr west was allowed five days In
which TO file his exceptions.