Evening journal., 1895-12-07
THE RELEASE OF LYNCH
Under the Law He Could Not
Be Held in Jail.
COOPER MADE A STRONG APPEAL

ford Had Clear Case and $4,000
Bond Secures His Liberty Lynch Smiled
at the ResuIt-allowed to Go Free To-
day.
Michael Lynch, ex supervisor OF the
imbeoile mems ward at the Delaware
State Hospital at Farnhurst has been
liberated from his cell at New Castle
jail where be was held to await the
grand jury action connecting him with
the brutal murder of Leon Pisa, patient
at Farnhurst
Lynch was released this morning on a
bond of surety for his appearance when
wanted by the upper court. The bond
was for s. 600 and was signed by Patrick
Plunkett, q well-known property owner
OF the city.
His release was obtained as result OF
the habeas corpus proceedings brought
before the Superior Court. Court OF
General Sessions and Court OF Oyer and
Terminer called special session last
night to hear the pleadings Of counsel
for the prisoner In this case.
Lynoh's First Smile ofa Week.
Michael Lynch sat In the court room
last night with stolid, and at times,
troubled countensnce during the
recital Of coroner's inquest evidence and
the impassloned pleadings of the two
lawyers who figured In the hsbeas corpus
proc csedings-John K. Bradford. repre-
senting the prisoner, and Peter L.
Cooper for the commonwealth The
prisoner seemed relieved when Mr.
Bradford spoke eloquently for him and
turned pale during Mr.. Cooper's strong
speech. But the only time he has been
known to smile since bis incarceration
was when Chief Justice Lore said: I'VE
will accept $5. 600 bail, Mr.. Bradford. "
and Patrick Plunkett arose aud grasped
Lynch's hand, Then the prisoner smiled
and said something like 1.-The frst
victory"
Gloomy Scene In the Court Room.
When at z o'clock, Mr.. Braford made
the application and began reading the
testimony brought out at the inquest,
Lynch was not present The court room
was only partially lighted but about 100
men had found their way into the lobby.
Inside ths rail were Attorney John K
Bradford and Patrick Plunkett, Deputy
Attorney General Peter l. Cooper, Jr
and Andrew O Gray, Reporter Symonde
and his counsel, Hugh @ Browne. the
court stenographer and a number OF
disinterssted attorneys
Alter making the application Mr..
Bradford pleaded for the prisoners re
lease. Deputy Attorney General Cooper
argued Rt length against 1t Then Mr.
Bradford made the closing plea at 8 30
o'clock
II WAS z 20 o'clock, while the testimony
OF Oaks was still being read-that Lynch
was brought into court In charge OF
Deputy Sheriff James Rstledge aud was
escorted to a seat beside his counsel and
Mr. Plunkett. He Is a very large and
powerful looking man who at one tlme
kept 3 saloon In this city.
strong Words From Mr.. Cooper.
'Msy 1t please your honors, said Mr..
Cooper, this man Is charged with COM
plicity In the murder Of Leon Pisa, late
of Farnhurst. One Of the most shocking
crimes In recent years has just been
perpetrated IN this State Of Delaware
Now my learned friend has interpreted
this coroner's inquest testimony In his
own way. Now who carried that man
Pisa into the bathroom after be had been
trippsd and kicked2 Why Lynch, tie
man before this court, carried that
unfortunate Italian into the bathroom
and, according to evidence, let him fall
heavily TO the hoor.
Nov, something fractured that mans
skun. Is this court to say that last and
heaviest fall did not cause death 2"
Then rs to the tearing off the clothes
Let me illustrate how that was done.
illustrates with Andrew @ Gray He
bore down his head with his whole
weight and this way QllustrRtes) yanksd
his clothes off the body
mo, your honors. this man should not
be allowed his liberty until Jury of his
peers decides under oath that be WAS not
an accessory Ia any way TO this most
brutal crime.
Bradford's Plea for Release.
In his argument Mr. Bradford dweli
particularly on Oaks's testimony. He
said. "Now. your honors, Dr. Clayton
contradicts Oaks fatty 10 relation to any
rough handling from Lynch. Oaks waf
q discharged employe; DR.. Clayton is al
Intelligent aud humane men, having
nothing at stake. And rs regard tC
public opinion our courts are, and
trust ever shall be. too high to weigl
OF take into consideration the bowling oi
the multitude. i submit the application
trusting that your honors will see, as
do, that this man has not been charged
with anything or any offense that is MOI
bailable.
Now even Oaks, the discharged
employee does not connect Lynch with
this case. He simply says that Lynch
tore the clothing from him.
las soon as DR. Clayton agrees will
Lynch that the man Is dying, Lynch goel
at once to the proper person the resident
physiclan-who comes at once. to Pisa
side and finds that he has just died
NOW we do not wish this prisoner Il
be discharged, but simply allowed 10
furnish bail for his appearances before
this court at trial, when we will b.
fully prepared to meet this charge. Nov
as to tearing the man Plsa's clothes of
would Just say that the only way Il
quickly denude an unconscious OF deas
man is to press Gown the head and pul
of the clothing quickly"
Declsion OF the Court.
Judge Lore (after a conference will
his asssociates) -"Gsntlemen, allow m
to read the two statutes bearinl
upon this case (cssds the law Now it 1
the conclusion of this court, judging
upon ths testimony now In. that there 4
! reasonable doubt OF this man beinj