The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1895-09-19

sidsrsd Ibis mofnins. Wiillsm 8 ai His,
feprssentinR The plaintiff r. The case ol
the Ptnk6rton estatn W. White, made 4
report which was confirmed BY the court
This was tho only matter that came be,
fore the court 90 tho General Sessions
Court took Up its business.
Austin Harrington representing vii.
liam and Patrick Thornton. Indicted fol
murdefouaiy assaulttng Cornelius Lynch.
asked that the court order that witnesses
for the defense be paid on account OF In
oignsnce by the county. me court as-
would be proteuted. The charges againet
the prls6ners were then taken up By the
calling OF Cornelius Lynch, who bsst flied
20 meeting the Thornton boys at Ris ing
Sun on the evening Of May 20. The wit
ness was with several friends and as they
passed the house OF Harry Connor some
one called hlm by name.
IL wac William Thornton, and when he,
the Witness inquired what he wanted.
william demanded what he was saying
about him. Nothing. replied the
further reply he was knocked down By
William. Patrick also struck him In the
fight he receiy cd blow on the head which
rendered him unconscious and which In
jury kept him confined to his home about
week.
Upon oss.examInatIon by Mr.. Harrlns.
ton lynch denied having stopped at q
point twenty-five feet from the Thornton
home. The question was followed by the
one whether or not on the Monday prevt-
Gus to the day Of tbs assault. the witness
mad or had not made the remark that he
could lick Willie aud II he could not
Pat he would get some one to
do So" but before Lynch could answer,
Attorney General Nicholson objected. Mr..
Harrington contended that when Lynch
and his friends went to Rising Sun they
were seeking what the witness had threat.
ened 10 dc. The court allowed the ques.
ton to go In and the lwitness replied that
he had mado no such threat.
The witness further denied that he frat
struck William Thornton. At that time
all Lyneh's friends were about him but no
enc made remarks 10 Patrick Thornton.
Lawrence Cunningham. friend Lynchs
had revolver and the witness saw him
point II at Patrick Cunningham.
MIR. Nicholson In the redirect tx tmina-
ton. brought out the fact that the revol.
yer was drawn by Cunningham at the
Time when Patrick Thornton interfered.
Herbert Kay was with Lynch on the
night OF the assault He heard his friends
meme called, saw the prlsoners assault
him nud was kicked twice himself by
Patrick Thornton. The witness knew
nothing further of the nght he having
left the crowd.
Michael Farron heard VIM. Thornton
call Lynch as he passed. the freight depot
on the W. N. Il II. ut Rising Sun and
alter ward eaw the young men fighting.
Patrick Thornton for a time was prevented
from assaulting Lynch by the witness,
prosecuting Witness The gist OF the
Witnesses testimony was that everybody
was nnxious to SIZE the boys light
Frederick Harkins saw William Thorn.
ton run out OF the freight house and take
hold Of Lynch. He saw Cunningham
AZ ts ll,.l al ttn ,.,ta
that Lynch and hlR party had gone to
Rising Sun to look for the Thornton boys.
Lewis Mokenna assisted In caring for
Lynch after the trouble. He said he hear d
the father OF the Thornton boys say 'let
them 70" and he thought he was encour.
aging his sons.
Lawrence Cunningham said he had
heard that the light was going on. and
when he got there he heard Patrick say:
"Kiil him, Billy; chew his heart OUT
Cunningham concluded his testimony by
saying he would save the boys life at the
peril OF his own.
Humphrey Lynch testified to his sons
serious illness. There were three large
dwellings on the head. the neck was
bruised and swollen. cuts OH the left
shoulder. lott hip and knee.
Tho state then rested Mr.. Harrington
In his address TO the jury stated that he
hoped To prove that tue trouble was the
result OF the threat made by Lynch. aud
he began his defence by calling Frank
McVey, who testified to hearing William
say Lynch do you want to see me-" after
which both ollnehed and he heard Mr.
1hornton call Patrick to 20 and sc parate
the belliRerents.
On cross examination the witness said
he saw Cunningham kick Patrick while
the latter was trying TO part William and
Lynch.
Hamilton Maxwell and Thomas Mahoney
an w M hA hi nd
both 0oye went together at the same time.
Mrs. Isabella Money remembered the
day OF the assault and saw the first OF it.
On the Monday before the trouble tie
witness heard Lynch say that he would
TO whip Patty"
Mrs. Catharine Thornton. the mother OF
the prisoner, heard come one shouting,
''strike him Willie. don't take that of him"
and on rushing to where the crowd was
saw that her son While was In the trouble
and being injured. She oalled her son
Patrick and he took UP for his brother.
Mrs. Thornton said Cunningham polluted
The revolver at her oldest son,
Patrick Thornton, one Of the prisoners
then took the stand and unasslsted by
Mr.. Harrington told how his brother had
inquired what Lynch wanted with him.
Instead OF receiving reply the boys
ciinched. The witness went to help hts
brother after he, himself was struck"
Cunningham pointed q revolver at the
witness and he told him TO shoot. At no
time did he kick Lynch.
Josiah Marvll counsellor Peter D. Rlas,
indicted for murderously Hssaclting
Bailin Johnson and VIM r ,sin at Odessa.
stated that two Of his witness living down
the state had failed to appear and he asked
for attachments for them which were Is.
sued.
The grand jury returned these bills:
Henry Schneider, selling liquor without
a llcense; Thomas Donahoe. receiving
stolen goods; George Welsoh, John Ben.
nett and Nellie Morris larceny; Edward
Pyle, Indecent and disorderly conduct;
James Fleming. breaking into a store
with Intent to commit larceny.