The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1895-12-07
80 LYNCH OUT ON BAIL =
The Sum of 5000 I. Demanded b, the
Court for Ills Release.

The Sum Of $1,000 Is Demanded BY the
Court for Ills Release.
The Court OF General Sessions last
night heard Jehn X. Bradford's inoil0n
for writ Of habeas corpus In the case of
Michael J. Lynch. Chief Justice Lore aud
Associate Judges Marvil and Cullen were
on the bench and they decided that the
prisoner under the testimony. could he
admitted TO $4,000 bail for his appearance
ct the February term Of court.
Mi. Bradford opened the case He said:
This man was held on the testimony of
Thomas Oaks, who was at one time an at
tendant at the hospital. but, was dis
missed. Mr.. Bradford then reviewed the
testimony OF Oaks. Only those portions
pertaining to Lynch's actions were read.
The same was done with tho testimony
Of David NJ. NAPLES and DIR. Harry l..
Clayton. The testimony of DR.. James II.
Walker was read to show the character
OF Pisa's injuries.
Having read this testimony, Mr. Brad
ford began his argument. He said: Those
facts of this testimony which refer to
Lynch show that he did not come there
until the man had been kicked and
jumped upon by Brown and Swan. The
only charge is that made by Thomas Oaks.
the. discharged employe. that Lynch used
undue violence in putting the man into
the bath-tub.
DIR, Clayton says that Lynch did not
throw him into the tub. but lifted him in
at his suggestion in hopes that It might
respscitate him. DR.. Clayton ordered him
taken out Of the bath and Lynch used
wet cloth to revive him. and DR.. Clayton
4t-nA..
says that Lynch lifted Pisa into the bath
tub and himself straightened out his feet.
Lynch, when the man was taken out OF
The tub. did exactly what was his duty
by reporting the facts to the physician in
charge. An absolute discharge of the
prisoner is not asked for. 1t is only asked
that he be admitted to bail, and then
allow the grand jury to act as 1t sees At.
Oaks in one part of his testimony says
that tho only violence which he saw on
the part of Lynch was pushing down the
head OF Pisa on his breast and drawing
his clothes over his head This Is the
usual way Of removing clothing from
dead body or a limp body, In addition to
this there is no testimony Of malice upon
the part Of Lynch. The only testimony
against Lynch is that OF the man Oaks,
who says that he Lynch) threw the man
into the bath-tub, which is denied by DR..
Clayton.
Sfr. Bradford concluded by stating that
he understood that the attorney general
ofefed no objection to the motion.
MIR. COOPER WANTS LYNCH HELD.
Deputy Attorney General Peter L. Cooper
repIod to Mr. Bradford. He said one of the
most shocking crimes which has been per-
petrh ted in recent years has been enacted
at Farnhurst. According to the testimony
BroFn and Oaks took this man from the
room. Brown tripped him and Swan kicked
him from one to five times. AL this juno
turs the prisoner Lynch appeared, and afr.
Waples says and Mr.. Oaks says the man
wasidragged into the bathroom and thrown
or put into the bathLtub.
That mans skull was fractured. Is the
court to decide at a preliminary hearing
that the mans skull was not fractured by
coming into contact with the bath-tub oa'
with the floor?
M. Cooper then illustrated how the
mans coat was pulled of after his head had
been pushed down. Mr.. Cooper continuing
said that 1t must be borne in mind that
Lynth is the man who undressed Pisa. DR..
Clayton says that when he made the ex-
amination there were fresh bruises upon
the body. It must have occurred to this
must have been rlthlessly slain. He must
have seen these bruises. and IL he was not
an accessory before the fact. he was GER
tainly an accessory after. He did not re-
port the occurrence to DR.. Hammond, but
I With the others told the doctor that the
man had died while they were trying to
bathe him.
1t may be that the death blow was re-
ceiyed from this mans hands Surely the
court will not decide this matter. but will
allow it to be decided by Jury of his peers
The ends OF Justice can best be served by
allowing the grand jury to decide.
MIR. BRADFORD REPLIES.
Mr. Bradford, in reply. said that he was
surprised that tho state had decided to
make opposition to this application. He
had understood from the attorney general
that the application would not be opposed
The worst of the testimony is that this
man was allowed TO fall. All OF tho bruises
were, according to the Testimony, inflicted
before Lynch arrived there. Lynch could
not watch everything which went on there.
1t was not Lynch's duty to report these
bruises. His superior Ito whom he re-
ported, was a physician, and 1t was his
place to see the bruises. There Is no owl
dence that undressing the man injured him
Oaks, when he was asked IL the water
splashed out when the man was thrown into
the tub, replied that the floor was wet. Dr.
Clayton says that the floor was wet because
there had been a number OF men bathed
there that day.
Oaks is contIadicted by DIR. Clayton.
Oaks is a discharged employe; DR.. Clayton
has nothing at stake. The feeling which
this crime has excited has been alluded to-
1t should not be alluded to In a court of
Justice. The time will never come when
the court is not above tho cries OF the
multitude. and when stern but equal JUS
tiee will be meted out to ALL
LYNCH GETS BAIL
Chief Justice Lore and the other Judges
held a consultation and then the chief JUS
tice announced that under the law the
court has the right before q man Is indicted
of a crime to admit him to bail II there be
any doubt of his guilt, the doubt to be es-
tablished by sufficient evidence. The court
being confined to the testimony offered, ad-
inflated Lynch to $4,000 bail. Patrick Plum
kett agreed to become his bonisman. but as
neither the clerk of the peace nor his dep
uty was in the city, 1t could not be accepted
and will be given this morning. The bail
required is the usual bail required in cases
of mansizughter.