Evening journal., 1896-02-14
THE STATE HAS
Continued From First Page.

OF the skull anu ribs we're not neces-
sally fatal Death WAS most probably
due to shock attending the injuries. A
man NAV live a year with fractured
skull. PisE's skull was thin. The red
substance In the fssure tf the fracture
In the skull could not have been
ANYTHING but blood. IL had not decom
posed, and was q bright red In his
oplnion It was forced In before death, but
might have gone In afterwards. He did
not make microscopic eXsnnation Of
the rtd substance, but, In his opinion, IL
was blood. Fracture Of the ribs on the
right side could not have been caused by
pisa lying across the side Of the bathtub
on his left side. II both fracture Of the
skun and fracture Of the ribs had been
inflicted at the same time or III one
had been inf within three days Of
the other, Instant death wonld have
ensued. II Pisa WAS thrown across the
side Of the bath tub fracture of the ribs
might have resulted He was asked
about the heart. but objection was raised
and the question was not pushed.
DR.. Suortlldge left the stand and
Attorney General White informed the
court that the state closed.
Tais took lawyers for the defence by
surprise. They did not expect It until
noon and aslIt for and obtained leave
TO retire After being out few minutes
they returned aud -Andrew O. Gray be-
gan bis opening for the defense.
He said that Che action Of the state In
closing 80 early was unexpected. de then
began to argue he case, but was stopped
by the court, Mr. Cooper obiecting.
Mr.. Gray called the jury's attention TO
the fact that the state had failed to call
Dr. Henry l. Clayton an eye witness OF
the occasion. Defense proposed 20 call
Clayton and the prisoners TO show that
Pisa was q dangerous and violent patient
That he struggled when baing led to
the bath. caught Brown By
the throat aud dragged him
up the corridor and then back to 3
point opposite tbs bathroom door There,
with his hand still at Browns throat, he
slipped. fell and dragged Brown down
with him Swan and Clayton came up,
Swan bnelt Down 70 hold him down
while Clayton pulled Plsa's hands from
Browns throat He succeeded, snd all
got up but Pisa AS Clayton
looked over, Pisl the Italian
kicked him In the back Of the head
Pisa got no. walked into the bathroom
aud proceeded around by the end OF the
tub Several patients had been washed
aud the fl )or Was wet and slippery Piss
clipped aud fell, striking his back and
head They tried to restore him by
bathing and chatting him, but failed
aud he died In Pepper 3
room They Immediately sent
word to Dr.. Hammond, who came and
ordered the body sent to the dead
house. The defense would prove that
Brown left Farnhurst that afternoon
to see a baseball game, aud did not act
IN any manner like murderer.
Mr.. Gray acquitted himself In an ad-
mirable manner and was followed by
John X Bradford, who spoke especially
IN behalf OF Michael Lynch, who Is in
dicted as an accessory. He said that In
order for the state 20 convict him It must
prove, three thipgs beyond q reasonable
doubt 6rst, that be VAS present, secoud
that ne WAS aiding and abstting the
crime; third, that his actions we're done
with felonlous intent. He denied
felonlous intent upon tho part OF
anybody and declared that the
whole thing was the result Of erudge
which Cakes harbored against Lynch
They would prove that Oakes was not
worthy Of belief In any way
DR.. Clayton was an Ege-Witness.
DR.. Henry L. Clayton was the frst
witness. He WAS at one time patient In
the hospital His testimony under direct
examination was as follows.
II was In the wssh.room almost op
posite the bathroom when Andrew
Lambertson, a mute inmate, came and
beckonsd to me- l didn't 20 to hlm then
aud pretty soon he came back
aud beckoned to me again. Seeing
that he was excited about something
went out saw Pisa on the floor with
Brown, Olkss aud Swan about him
Pisa had Brown by the throat rushed
across, seized Pleas right hand aud
broke his grip ou Bcown's throat. As
did 30 felt blow on
the back Of the head It was admins
tered By Pisa with bis knee or foot.
called 60 Swan to put his leg over Pisa 50
that he couldn't kick me again. heard
no sound OF anyone falling In the
hall. When got out Swan was
at his right side. Oskes was kneelnp
| auu httmcN 10 nave lOlu Oh Nlta Z
shoulder Brown was red In the
race. painting and prespirlng freely.
did hot zee Brown or Swan
on Pisa's chest or abdomen Neither did
! see Swan kick him he was kneelina
on Plss's arm and IN no position to kich
him After we got up Pisa WAS nbls to
stand with assistance. Brown pushed
him In the bath room
In falling on the hoor OF the corridor
he might have struck his head forcibly.
"His upper clothes we're removed b,
Lynch, and he lifted Pisa's body snc
Swan the feet, and they put blm in th'
tub. Pisa was limp and motionless.
straighteaed out cne OF his legl
which doubled up. After they took hin
out they rubbed bin dry with towels
and then Lynch and Swan carried hin
over in Peppers room and dresss,
him. Pisa gave q gasp or two after hl
WAS placed IN Peppers room but he wal
practically dead Lynch went RnS
summoned DR. Hammond
Mr. GraY-"Did Brown, Swan Of
Lynch use excessive violencs In getting
that patient under controlT
Il didn't get there tai the main par
Of the struggle was over There was M
excessive violence after got there"
Ex-Oity Detective James l. Hawklnl
was called to the front aud DR.. Clayton
l onf1 hot DIaa -. n .f.