Delaware gazette and state journal., 1896-02-13
GREAT INTEREST MANIFESTED
The Court Room Thronged
with Eager Listeners.
ONE OF THE COUNTS STRICKEN OUT

Opening Address of tho Prosecution.
Joseph Aleva was put on trial before
the court OF general sessions Tuetday
afternoon on the charge of stealing SIT
from John Lemon ON December 10th,
1896. Horace Greeley Knowles repre-
sented the prisoner Aeya denied the
theft. The jury returned with yer-
dict OF not guilty, and Aleva was dis
charged.
The balance of money in court in the
American Salvage Co. case was ordered
distributed. The company undertook
TO raise the steamship Allegheny. To
Neafie g. Levy Ship and Engine Build
foreign attachment against the com
pany. Judgment was recovered. A
prior claim of $3.50 in favor of Frank
Toomey was satisfied, and the Neafie
a. Levy get about S535. They were
represented by Andrew u. Sapborn.
Court adjourned until 10 o'clock yes
terday morning.
With the general and additional
Jurors, attorneys and county officials
here was large crowd within the bar
I the courtroom when Crier Smith
ipened the courts yesterday. 1t was
he day fixed for the beginning of the
rial of Daniel Brown, John j. Swan
nd Michael Lynch, upon the charge
Sf murder in the second clegree, for the
death OF Leon Pisa, alias Pisa Louis,
at the State Hospital for the Insane at
Farnburst. The interest in the case
was eyinced by the fact that nearly very
seat in the courtroom was occupied.
On the bench were Chief Justice
Charles B. Lore and Associate Judges
Charles W. Cullen and lgnatius q.
Grubb. Judge David T. Marvel was
not present when court opened, but he
arrived later in the session.
Prominent among the members Of the
bar in attendance were the prosecuting
ttorneys, Attorney General Robert c.
White and Deputy Attorney General
Peter L. Cooper, and the counsel for
tse defence, III. II. Ward and Andrew
Gray and John X. Bradford and
y alter ii. HAYES, Secretary of State j.
Harvey Whiteman, Judge j. Frank
Ball, Lewis @. Vandegrift, William
Michael Byrne, Robert g. Fraim, Hugh
O. Browne, Thomas +. Bayard, Jr.,
II. r. Cochran, Jr.. and Il. u. L.
Springer were also present.
At 1920 o'clock, in response to a
question of the court, Attorney General
White announced that the State was
ready. Clerk of the Peace Foard called
the names of the witnesses for the State
and defence, about 35 in all.
After the names had been called
Walter III. Hayes stated that Drs. Baird
and Harris, who had not answered,
had been summoned and that no re-
turn had been made in the matter of
Drs Burton and Marsh. These wit
nesses were mai srial to the defence.
In the presence OF the jury he did not
think it right to state why these wit
nesses should be here.
FL. II. Ward stated that the witnesses
might arrive by the time the counsel
had made motion, which, at the
Courts suggestion, counsel proceeded
TO do.
The prisoners we're brought up, Lynch
entering the box first and Swan and
Brown following. In front of the box
sat Miss Annie A. j. Brown, sister of
Daniel Brown, who came on from In
diana, to attend the trial. A brother
of Lynch was also within the bar of
the court.
Andrew @. Gray moved that the third
count of the indictment be stricken out
on the ground that the matter of the
assault was expressed in general terms,
whereas the defence had right to
know the exact specifications. There
was uncertainty in language and in
slfficiency of description of the wound.
Attorney-General White said there
were authorities for tho form in which
the deputy attorney general had drawn
the Indictment. The court, however.
granted Mr.. Gray's motion and struck
out the count.
Mr.. Gray then turned his attention to
the first and second counts and desired
the matter about strangling" Pisa to
be cut out, because death was alleged
to have been caused by wounds on the
head and right side. The Court re-
fused this motion.
Names of absent witnesses for the
defence were called. Deputy Attorney
General Cooper objected to any further
delay, and the Court, after Gonsidera-
tion, decided that the case must go on.
Attachments were ordered for the alb
sent witnesses.
As the counsel for the defence are
not together, Messrs. Ward and Gray
representing Brown and Swan and
Messrs. Bradford and Hayes represent
ing Lynch, the Court gave permission
for each TO cross examine.
The jury was then called. The first
12 were: John G. Carpenter, Jr, John
X. Mote. William A. Alden, John Gal
laher, Francis A. Foster William r.
Eastburn, Horny Cats, George j.
Casho, William j. Nowland, Thomas
W. Finn, Elias Cole and William
Dougherty. The defence had right
to six challenges, and the State to
three. Messre. Finn, Casho and Mote
were challenged by the defence, and
Gallaher BY the State, of the original
II. OF those who were called subse-
quensly the State challenged Joseph
Bacon, and the defence challenged Will
liam Vansaut and William II. East
burn.
The jury finally included the follow
ing: John r. Carpenter, Jr., William
a. Alden, Francis A. Foster, Henry
Cats, William j. Nowland, Elias Cole,
William Dougherty, Richard H. Will
liams, Robert G. Pierce, William r..
Higgins, Alfred Bender, John E. Brock.
son.
The Court ordered that the witnesses
for the State must 60 to the grand jury
room and remain there until called,
and those for the defence must go ia
the women's room and remain there
until called. Physicians were allowed
TO stay in tho court room. Court
Stenographer Hardesty, who was sum.
noned by the defence was allowed to
'emain.
1t was II. 40 o'clock when Deputy
Attorney General Peter l.. Cooper be.
gan the opening address TO the jury.
He told the jury to try the case accord
ing to the evidence given on the stand,