Evening journal., 1895-09-19

Number OF True BINS.
The Court OF General Sessions was In
It's mercful mood yesterday afternoon
Irwin r King and William Dougherty
pleaded guilty Of running a sweat-cloth
vt Todds Cut Ex Mayor Austin Har-
rlngton represented King and Philip Q
Churchman was attorney for Dougherty
At their earnest solicitation sentence
was Suspended and the prisoners will
probably be placed under bond for their
future good behavior az the court held
the matter under adyisement.
Ex Mayor Austin Harrington WAS
assigned to defend Patrick and William
Thornton, who pleaded not guilty to the
charge OF murdsrously assaulting Cor
nelius Lynch, near Rising sun. George
Lodge was to represent thom, but his
work Ia the Addlcks csse prevented IL.
The grand jury spent the afternoon
considering the bill against William J.
Johnson, accused Of attempting to burn
his houss In this city It hsd not reached
a conclusion when discharged for the
day.
The grand jury will also have to con
slider the bill ags inst John Dougherty for
the murder OF August Erickson, but the
trial cannot CONS of at this term because
no special Oyer and Terminer jurors were
drawn.
The Superior Court granted william
7 Lyman an extension Of time for max
ing hls return Ia the divorce suit Of
Taylor vs. Taylor
la the civil case Of Harris VS. Tyndall
jury OF inquisition WAS granted to
determine whether tbs farm Of the
defendant will yield enough In seven
years to pay the debt II 1t will sale
will not be allowed.
William Hilles had the frat innings
ia the Superior Court this morning.
Representing the plaintiff In the case OF
Piukerton estate VS.. White made a
report and secured the confirmation Of
the court.
Ex- Mayor Austin Harrington, repre-
senting the Thornton boys, made appli
cation TO the Court OF General Sessions
for the securing Of the payment Of the
witnesses for the defense In event OF
conviction Of the accused 10 WAS
refused, but the court stated that Mr.
Harrington could secure the payment Of
witnesses II the convicted men would
make affidavit that they we're unable 20
pay them. The opinion Is Of considerable
consequence. AZ counsel for prisoners sre
not now compelled 20 make application
for payment OF witnesses before going to
trial, but can provide for them after
wards by means Of iavits OF lnligeLos
Secured Attachments for Witnesses.
Josiah Marvel, who was assigned b
the court to defend Peter ID. Rias the
Odessa negro who murderouelg assaulted
Bailih johnson, OF Odessa appeared aud
stated that two of his witnesses from
down the state had failed 10 appear He
asked for and obtained attachments for
them.
The case OF the State Vs. William aud
Patrick Thornton. accused Of murder
ously aasaulting Cornelius Lynch. Of
Rock ford, was then put under way by
Attorney General Nicholson, who con-
Quoted the prosecution In person. Tho
ex mayor looked after the other side.
Lynch was sworn. He said that IL was
on the evening OF May 29, 1895, he went
TO Rising Sun. While walking along
what is known as Rising Sun road he
heard some one call his name Bis
companions were Michael Farren. Herbert
Kay, Frank Taylor and Frank Hnrklns
The voice which was quite near said :
Lynch. what are you saying about meY'
Then William Thornton began the attack
and was seconded by Pat. The blow
dszsd him Then the father Of the
Thornton boys took hold OF William, but
Afterwards went away and then the
assault was renewed Lynch was beaten
into insensibility and the next thing he
knew was after he had been taken
home.
Lynch Rigidly Examined.
Mr. Harrington cross examined him IN
rigid manner. he drew forth the
admission that II was so dark and he
could not recognize those about him. He
denied that he had made threats
against the Thornton boys on
the preceding Monday, and had
had no quarrel with them. When
William Thornton took hold OF him and
tried to throw him down be pulled his
coat of. Both boys struck him before
be resisted In auy way. He said that be
did not send "Cap Cunningham ahead
20 bear the message that he could
whip them. he did not know
whether unconsciousness was pro-
duced by kick OF blow.
Cunningham had a pistol aud all Of the
prosecuting witness friends were with
him when tho fracas took place, but
they made no insulting remarks. Can
ninghAm drew 3 revolver when Pat
Thornton took hand.
Herbert Kay, Michael Farren, Fred
Harkins and Lewis HcKennR gave testi
mony which bore out that Of Lynch IN
all material points. They suffered a
little themselves in trying to separate
the com6atGnls
McKenna said that he heard old man
Thornton say: LET them 60 and be
thought that he Was encouraging the
boys. The crowd consisted Of about
forty boys, with but few men standing
about.
A Theatrical Witness.
Lawrence Cunningham was the most
theatrical witness ON the stand He under
stood that there was liable to be trouble
any time at Rising Sun and had armed
himself with q revolver. He heard Pat
/ Thornton say: "Klll him. Willie Chew
| his heart out" The witness then drew
his revolver, tried to protect Lynch, ard
kicked Pat Thornton on the Jaw. Be
declared that he would protect LYnch's
life at any cost.
The father Of the boy, Humphrey
Lynch. told how the boy had been
| brought home, and described the many
/ ,,f.rtfoo fran, ryhfch a. fook him fhraa