Delaware gazette and state journal., 1896-02-20

clONl NldL All Oabh iupRAtf otIft ~ lluh
his responsibility was to God for tell
ing an untruth. NAPLES had answered
as inteligently as Judge Grubh him
self felt that he could. The defence
had failed to show that Waples an
swered improperly.
Judge Marvel followed Judge Gruhb
and held that NAPLES was compe-
tent witness to testify, subject to
cross examination.
The court being equally divided, the
State was allowed to call NAPLES. Mr..
Hayes and Mr. Gray took an exception.
Mr.. Hayes objected TO Waples on the
ground that he had not properly
shown that he appreciated the nature
and obligation of an oath. The Court
thought otherwise.
NAPLES was called to the stand and
sworn. He stated that on the MORN
ing of October 9th, he was sitting in
the window of the day room where
Pisa was sitting. Daniel Brown came
down and took hold of Pisa by the
shoulder and told him to come take a
bath. Brown told witness TO call Mr..
| Oakes. Oakes came out and he took
hold Of Pisa's left hand. Brown had
hold of the right arm.
What did you do when they started
down the corridor with this man?n
asked Mr.. Cooper.
81 followed in the same direction, !"
| NAPLES replied.
He stated that Brown struck Pisa
with his closed fist back of the right
ear two or three times. When they got
| down to the bath room Brown tripped
Pisa, and apparently he fell hard.
Brown jumped on him with his knees
and caught him by the throat
"What was Pisa doing all this timer"
asked MIR. Cooper.
81 didn't see Pisa do nothing; only
he drew hia feet up and stretched them
out. I" Wapes replied.
| "Was he conscious or unconscious?"
As far as | could see he was uncon-
scious. -
Continuing, the witness said Dr.
Clayton appeared and jumped on Pisa q
feet Swan appeared also.
| He Swan walked around to his
| left side and kicked him in the side, y
the witness stated. Clayton hollered
out to jump up, the man was dying.
Then Lynch came in and everybody got
up except Pisa. =
After this the witness said they
pulled Pisa up on his feet and into
the bathroom. As they pulled him
over they turned him around. He
could not stand on his feet After they
got him into the bathroom Clayton
got bucket of water and threw it into
Pisa face Swan and Brown held
Pisa up. After the water was thrown
in his face the bathroom door was
closed. A few minutes afterwards,
witness testified that they brought
Pisa out naked and took him across to
one Peppers room. Witness saw Pisa
carried out for burial.
Witness testified that he afterwards
saw Brown and Swan and said to them
that they must remember that human
beings were neither hickory sticks nor
white oak logs, and that they could
not jump on them and hammer them
about without doing injury. To this
Brown replied; "There are enough
such men as this around here with
out him. "
Witness said they Drown and Swan
were pale and their countenanees were
tmute
On cross. examination aby Mr.. Ward,
NAPLES denied that he ever talked with
Symonds, the Philadelphia Inquirer
reporter, in Farnhurst concerning Pisa,
and afterwards admitted that they had
spoken together. The witness ex.
planned that he did not understand the
question at first. Symonds had asked
him about Pisa.
He admitted that Oakes and Brown
broke Pisa's arm loose from the bench.
Pisa resisted by taking hold of the
arm of the bench.
Wapes denied one or two things ht
had previously said. but did not dam
age his story materially.
He said Brown struck Pisa tive
times He stated that Oakes helC
Pisa's hand after Pisa was on the floor
The oss-examination had not beer
concluded when court took recess
until 3. 80 o'clock.
Chief Justice Lore cautioned Waple,
not to talk to any one.
David NJ. Waples, who was on tht
stand at the morning session, was thu
first witness at the afternoon session
lie was cross examined by Attorne,
Ward, to whom he stated that as sooi
as Pisa, tho victim of the alleged as
sault struck the floor after he had beei
tripped Attendant Brown went dow
on him with his knees, and that b,
remained in that position until DIR
Clayton called to him, when he arose
"Was anybody else on his abdomenf
Mr.. Ward asked.
"No, sir. not as / seen Of, was th
reply, and the witness explained tina
his attention was diverted.
Waples said that Swan had not donI
anything to Pisa until he kicked th
prostrate man in the left side. Brow
was not astride Of Pisa, but on th
right side of him, so far as the witnes
| I,n
up and down ON Pisa three or fou
that he had made a statement contrar,
to this at the coroner's inquest.
He said he did not see Swan down ol
Pisa's body. To the best of his recol
lection DIR. Clayton came out of tn
J bathroom before the fall. He though
Lynch entered the room after DIR
Clayton had jumped up from Pisa
feet and called to the others to get OF
, Pisa. Lynch and Brown, he stated
took Pisa into the bath room. Afte
water was thrown into Pisa's face tn
} door was closed. Witness did not Sc
, Brown kick Pisa at any time. HI
denied saying at the coroner's inques
| that Brown kicked Pisa.
Mr.. Ward was followed by Mr.. Haye
in the cross examination. In reply t
{ a question from Mr.. Hayes the witnes
said it was from five to ten minute
after Pisa fall that he was taken int
{ the bathroom. NAPLES denied that b
, had been instructed how to testify. ii
+ said he went to the Court House wit
u friend named Lowe.
j Mr.. Hayes asked him if he was no
| under bail for appearance at the Octo
ber term Of the court of general ses
) sions Of SusseX County to answer TO th