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

cHhe, NO mold, there was Just the charge
OF Thomas Oakes, carrying out his
threat. He declared that Oalses should
be tarred and ieathered TO the limits
OF the State
VI, II. Ward next took the floor, be.
ginning his speech about s. 40 o'clock.
In regard to Mr.. Cooper's reference to
Or. Hammond, he aaked IL that be
true, why DIR. hammond was not here
on trial. llo declared that there was
not u breath Of evidence that DR.. Ham
mond knew that a crime had been com
Iuitted. He did not know when Pisa's
skull and ribs were fractured. IL Pisa
received the injuries when he pulled
Brown down upon him, that was the
pureat misadventure and misfortune.
Brown was TO be pitied. lie declared
that tho jury ought not to hold those
people for an instant.
Attorney General White began the
closing argument to the jury about
9, 40 O'Clock. lie went into an analysis
of the Testimony. lie held that Oakes'
ill-will against Lynch did not excuse
violations Of tho law by the prisoners,
and proceeded 10 offer explanations Of
the apparent contradictions by Oakos.
lie also attacked the testimony as 20
Waples' reputation. lie declared that
under the testimony of the prisoners
and Clayton, Brown was guilty of man
slaughter. The patients were as wards
| of the men. lie took issue at the
theory of the defence as TO Pisa's
| death. He had no doubt that these
men were guilty Of violation Of the
law; that out Of the mouths of their
own witnesses they were guilty Of man
| slaughter. The Attorney General con-
cluded on time and it was agreed by
counsel that verdict given ON Sunday
would bo accepted.
Chief Justice Lore read the charge
to the jury, occupying the l5 minutes.
| lie recited the fact that the indictment
was in two counts and detailed them,
and then took up the fact of Leon
| Plsa's death on October 9th and the
claims made by the State and the de-
fence in regard to it's cause. Accord
ing to the State Brown tripped Pisa
/ and jumped on him and Swan kicked
| him; that he received fractured
skull and two fractured ribs, the ninth
and tenth on his right side; that
| Brown and Swan lifted him up and
Brown pushed him into the bath room;
that Lynch and Swan violently throw
him into the bath-tub. The defence,
on the other hand, claimed that Pisa
| was treated with due care under the
rules necessary to maintain discipline
1 and sanitary laws; that Pisa violently
| resisted, caught Brown by the throat
and fell; that he was pushed into the
bathroom, where he fell and received
| injuries which caused death. The de-
fence claimed that no more force than
necessary was used In explaining the
degrees under the indictment be said
that malice must be proved beyond a
reasonable doubt to make it murder in
the second degree. Murder without
malice was manslaughter. Then there
was eXcusable homicide, where death
resulted from misadycnture or eelf-
defence. The patients aG the hospital
are wards of the State Their very
helplessness evokes sympathy in every
manly breast The State should SEQ
that they are comfortably cared for
and that skilful attendants are put
over them. 1t must bo borne in mind
that sometimes these unfortunates be-
come aggressive and violent and in
each case such force must he used as
to keep wholesome discipline and sani-
tary regulations. The law does not
measure with nicely how much force
shall be used, provided that the at
tendant does not use incorporate
cruelty II tho law should SO bind the
attendant it might place his life at the
mercy of the unreasoning caprice of tho
insane. 1t is no pleasant duty at any
| time to care for the insane, and while
it is the duty of the law to protect
these unfortunates it is also necessary
TO sometimes protect the attendants
from unnecessary and oliiciOus inter
ferences On the 9th day of October
Swan, Brown and Lynch were lawfully
bathing Pisa. IF they used no more
force, considering Pisa'a strength, than
necessary, the jury should acquit. II
they used more force than wds neces.
sary, yet without malice, then the
verdict should be manslaughter. II
they used such great force as to imply
| malice, then the verdict should be
murder in tho second degree. Ii there
he reasonable doubt on any material
point, tho Jury should acquit The
question was ono of fact, there being
no dispute over the law in the case.
The jury should depend on the testimony
from the witness stand, and consider
nothing from any other source. They
should divorce themselves from all svm-
pathy, public clamOr or sensational TO.
ports. Where there was doubt owing
10 IA nice balancing " the testimony,
good character should be 10 the benefit
of the defendants. The jury might
acqult one or all Of the prisoners, their
duty being to acquit the innocent and
TO convict only tho guilty.
BaililIs Fleming and Manlove wore
sworn and the Jury retired TO tho grand
jury room few minutes after ii. 30
O'Clock. The Judges remained until
midnight. Bailiif Flcming conferred
with the Court in regard to tho wishes
of the Jury, and it was agreed tn take
a recess until 8 O'Clock Sunday morn
ing.
At O'Clock Sunday morning the
big door Of the courtroom was opened
and a crowd Of people hurried in and
took seats. About the same time the
jury filed in, looking rather weary. On
the bench were Chief Justice Lore and
Associates Grubb and Cullen. Judge
Marvel arrived in a few minutes after
the prisoners had been brought up for
ono of the closing scenes in their
ordeal.
When all was ready Clerk of the
Peace Foard called the names of the
jurors. In answer to the usual ques-
tions Foreman Carpenter announced
that the jury had found Brown and
Swan guilty Of manslaughter and that
Lynch was not guilty. After the re-
cording of the verdict, Attorney
General White stated that there were
two other charges against Lynch and
asked that he be held. Chief Justice
Lore replied that the Court would do
no other work. The prisoners were left
in the sheriif'B custody and court took
| n