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

iHh' VI pun MS kHtOh WI ulHl W Hob
astride OF him, and as far as he knew
Swan did not strike him, either.
EX-attendant Swan was the next wit
ness. lie said that on the morning Of
October 9th, last, he saw Pisa with
Brown and OalSes in tho hallway. Wit
ness was standing in front of the bath
room door at the time, lie saw Pisa
resisting, but Brown used no violence.
| Near the bath room door Pisa caught
Brown by tho throat, and the former
slipped and foil. lle twitnessl tried
to loosen Pisa's grip on Browns
| throat.
Swan corroboratcd Brown In tho main
parts OF the story lie SAID Brown did
not strike Pisa, and he said he tthe
witness) did not kick him. When
| Lynch and Swan put Pisa into the
hathtub they used no violence. Swan
| Put the water in the bath-tub, and
ii was lukewarm.
Mr.. Cooper conducted the cross.
examination. Under his questioning
swan said that Pisa caught Browns
! throat and fell at tho same instant,
| dragging Brown down. He paid no
particular attention to DIR. Clayton s
testimony. He did not remember hear
ing DIR, Clayton say that Pisa was
dying as Pisa was sitting up.
Court adjourned until $50 o'clock.
The Farnhurst case was given to the
| Jury after l1.30 o'clock on Saturday
night and at 9 O'Clock Sunday morn
ing the jury was ready with the yer.
dict Daniel Brown and John j. Swan
were each found guilty Of manslaugh.
Ter and Michael Lynch was acquitted.
The court held a session on Sunday
morning, but did nothing more than
receive the verdict. The prisoners
were left in the custody of the sheriff.
SATURDAYS SESSIONS.
Michael Lynch went on the stand ut
Saturday afternoons session. He said
that he saw Leon Pisa leaning against
the wall in the bathroom on October
| 9th. Swan, Brown and DR.. CLAYTON were
also in the room. He noticed that
Pisa looked exhausted. He asked DIR.
Clayton if it was advisable to put him
in the bath tub, and on receiving an
affirmative reply began to take off
Pisa's coat. Witness illustrated on
MIR. Hayes how he took off the coat
pulling It over the shoulders He did
not use more force than was necessary.
lie also took OIL Pisa's shirt, but he
had no pants on when Lynch saw him.
lie then caught Pisa under tho arm
pits and raised him TO put him in the
tub, Swan taking his knees. Witness
denled that he said Pisa was nothing
but - crank anyhow. ~ He told of
taking Pisa across TO Peppers room.
Upon cross-examination, Lynch said
he knew nothing about Pisa until he
went into the bathroom. He stated,
however, that Pisa had not been well
for some time.
Upon redirect examination by Mr.
Hayes, Lynch said that no part of
Pisa's body struck the bath tub as
they were putting him in. In replv 10
Mr.. Ward, he said Pisa had not worked
for sometime before,
Civil Enigneer William B. Carswell
testified that the h0Gr of corridor G
was slippery.
The defence closed.
Court St9nographer Hardesty said
that at the coroner's inquest DIR. Clay
ton had stated that at the time he saw
Pisa's hands at Browns throat, Swans
feet were on Pisa.
Calvin Newman said he knew Lynch
reputation for peace and good order at
Farnhurst; that it was bad. Newman
had been in the institution. Stockley
Daniels and Leon Lowe also gave
Lynch bad reputation. They, TOO,
had been in the institution.
The State closed at 3 IL O'Clock.
Mr.. Hayes said that the defence was
willing to submit the case.
Attorney General White said that he
was willing personally TO submit the
case, but he had an official duty to per
form, and would wish to speak in fol
lowing that duty.
Chief Justice Lore asked if counsel
had any law.
Deputy Attorney General Cooper pre-
sented number Of prayers to the
Court Mr.. Hayes presented the prayers
of Mr., Bradford and himself, counsel
for Lynch, The prayers Of Mr.. Ward
and Mr. Gray, counsel for Swan and
Brown were not ready at that time,
but Mr.. Ward explained their scope,
The Court and counsel took up the
question Of length Of time Of argument,
Chief Justice Lore said, "We propose
TO get through this case tonight ii wt
have to stay Till midnight -
After some discussion tho Court
limited the State to two and "A hall
hours, and the defence to three hours.
About 3 u O'Clock Deputy Attorney.
N'N'''A'AA a Nl'l ls' 1bpDtT DfEhn ltlt
opening argument to tho Jury liz
talked for an hour lle recalled Pisa',
death ON October 9TH, the arrest Of tn,
prisoners on November both, and the
coroner's inquest, upon which the,
were held for court. lie held tha
Pisa ramc to his death at the hands q
tho attendants He claimed that DR.
Hammond should have notified tn,
coroner of Plsa's death. lie decaret
that the people in charge Of the hos
pilal knew man had been murdered
and he felt AT liberty to comment 0i
Dr. liammond's conduct He admitted
that Oakes had bitterness in his sou
against Lynch, but said he had mont
against Swan and Brown. DIR. Clay
ton, he held, had varied in testimony
Mr.. Cooper said the lividness in PISA
face was due to Browns hand being OF
,, his throat. lie ridlculed the idea tina
Pisa choked Brown and pulled hin
{ down on top of him. In speaking o
Wapes, he declared that if there ar,
D many like him in Farnhurst the pcopl,
Of this State ought to know who il
I there. He admitted that the tcati
muny as to Lynch's reputation wa
T better than that for Brown and Swan
1t was in testimony that Lynch threy
! Pisa upon the side of the tub in sucl
. way as would cause fracture. III
J fixed the time Of the receipt OF til
fractured skull and ribs as when Pis
! was in the corridor
e Mr. Gray, who followed Mr. Cooper
, read the prayer of Mr. Ward and him
| self to tho Court, and then proceede,
0 70 address the jury. He referred I,
3 Thomas Oakes as "the vindictiye liza
from New Jersey" aud said that hi!