Delaware gazette and state journal., 1895-12-12

Cullen insisted that he should be there
while tine hearing was going on. Ac-
cordingly Deputy Sheriff Ratlidge went
Immediately to the police station,
where Lynch WAS confined, and at 1920
he returned with the prisoner.
The hearing commenced, however,
before the'appearance OF Lynch.
MIR. Bradford prefaced his formal
petition by reading from the testimony
given by witnesses at the coroner's in
quest such portions as related to
Lynch's connection with the affair.
He also read other portions of the testi-
mony which told OF the alleged assaults
and brutality by Brown and Swan.
He placed special stress upon the testi-
mony given by DR.. Clayton. who said
Lynch handled Pisa carefully and that
he did not appear upon the scene until
after the alleged murderous assaults
by Swan and Brown had taken place.
The evidence given by DIR. Walker,
who made the post-mortem examina-
tion, was also read.
After Mr.. Bradford had finished
reading he made formal application for
the dismissal Of his client on bail. He
stated that an examination OF the
testimony--that is. the parts which
had any connection with Lynch-go to
show that he was not present until
after the man had been tripped and
jumped on by Brown and Swan. The
only testimony which alleged harsh
treatment, he stated, was that given
by 0akes, and which was contradicted
by Dr. Clayton. DR.. Clayton, he
stated, gave no evidence of Lynch
being brutal at ALL He then compared
the testimony given by Oakes and DR..
Clayton, and referred TO where the
latter said Lynch placed Pisa in the
bath-tub on his tClayton'sD recon-
mendation as means of resuscitation.
He laid particular stress on the state
ment Of Clayton when he said caro- was
used in placing the patient in the
bath tub.
After reviewing the evidence Mr..
Bradford stated that, Notwithstanding
DR.. Clayton testimony exonerated
Lynch, he would not ask for dis
charge, but would ask that his client
be admitted to bail. He stated that
Lynch was perfectly willing to have
the case go before the grand jury. He
said that at the worst no malice had
been shown on the part of the prisoner,
and in reference to the alleged harsh
manner in which Lynch undressed Pisa
for the bath, he said 1t was the usual
way followed in such cases.
Mr.. Bradford also stated that he had
an agreement with the attorney general
to the effect that no objection would
be offered by that official to admitting
Lynch to bail.
Deputy Attorney General Cooper
vigorously opposed Mr.. Bradford's mo-
tion. He held that Lynch was guilty
of capital offence and could not be
admitted to bail. He, too, reviewed
the testimony, and in it he thought
there was a great deal of evidence
against the prisoner.
When Mr. Cooper had finished Mr..
Bradford arose and stated that pos
sibly Chief Justice Lore was as much
surprised as he that the motion should
be opposed, as he understood from the
encouragement, in the presence of
the Chief Justice, that no objection
would be offered by the State.
Him" Judge Cullen exclaimed,
"that's very strange.
Mr.. Bradford renewed his appeal for
the liberty of his client, and second
time referred to the testimony given at
the coroner's jury, after which Chief
Justice said: 1--WE think, under the
provisions OF tne law, ana upon tne
testimony, that this is clearly bail
able case. This proceeding is under
habeas corpus, but there is another
provision in the law relative to persons
being admitted to BAIL" Chief JUS
tice Lore then read from section 26,
page 73G of the Revised Statutes, which
gives the court of general sessions or
any Judge during vacation the right
TO accept bail in all cases before in
dictment, where, after fair hearing
the circumstances will warrant. He
then named 1000 as the figure.
Patrick Plunkett, who was offered
by Mr. Bradford as security, was ac-
ceptabe to the court
Lynch was not released until Satur-
day morning the clerk of the peace be-
ing absent Friday night