Evening journal. [volume] (Wilmington, Del.) 1888-1932, 1896-02-12
LYNCH, BROWN, SWAN
Their Lies Liberty is Now In
the Hands of Twelve Men.
A JUDY OF FARMsRs sRLEOTED

OaIy Ons Wilmington rian On It-seven
Challenges Made-One Count In the ID-
dlotment Knocked Out-oOoper Opened
for the state oakes Oa the stand
when Recess was Declared.
Michael Lynch, Daniel Brown and John
j. Swan, ex attendants at the Delaw are
State Hospital for the Insane at Farm
hurst were put on trial this morning for
murder In the second degree, for causing z
the death Of Leon Pisa, otherwise known
as Leon Lewis, an inmate Of the instltu-
tion
Chief Justice Lore and Associate
Judges Grubb. Marvel and Cullen were
on the bench
Attorney General Robert C White and
Deputy Attorney General Peter l. Cooper,
Jr, represented the state. Andrew Q.
Gray, Walter II. Hayes, John K, Brad
ford and II H. Ward conducted the
defense Taken all In all it is strong
legal team that is opposing the state
prosecutors efforts 10 convict the
prisoners.
When court met at 10 OF o'clock every
seat in the body Of the court room was
filed, and as the trial progressed, the
standing room WAS gradually filed and
the crowd extended to the corridor
Ex Keeper Cakes, who brought about
the scandal which now threatens the
institution at Farnhurst. occupied seat
just back Of the table reserved for the
reporters.
Court stenoarapher Hardesty was on
the ground early, with the notes Of
Oikss' testimony given before the
coroner's Jury. They will be used by the
defense for purposes Of contradiction and
may lead to certain sensational develop
ments which will be exceedingly
unpleasant for the states star witness.
Proceedings opened with the calling OF
tho nsmes of the special jurors by Clerk
of the Peace Fosrd. Then James w.
Ponder droppsd In and asked for leave TO
amend his ngrr in the libel suit OF the
Forepsugh Compsny VS.. the News Pub
llshlnR Company. There was some delay
awaiting the arrival Of Andrew 3 San
born, representing the defendant in the
suit.
"Gsutlemen. ara you ready" asked
Chief Justice Lore at 10 20 o'clock Clerk
of the Peace Foerd Immediately pro-
cseded TO call over the names Of the
witnesses for the state. Nearly al
answered.
attorney General whlte-"Ths state
is ready. our honor"
Mr. Ward-"We would like the names
Of our witnesses called
This was done, but many OF then
failed to respond, which was quits
natural 10 view Of the feet that thsy vii
no. be called upon until to- morrow o.
There are about thirty-fvo witnesses
on both sides
Mr.. HAYES cslled the attention OF th'
| court TO the absence Of Drs. Baird gn'
/ Harris. OF this city, and Drs Burton aut
I Marsh. Of Sussex county The FIRST tw'
would be here. but he had no knowledge
AZ to the intention of the Sussex men
Subpeaas we're issued for them on
The court said that they could ask FOL
attachments
Mr.. White suggested that they might
come up on the IL o'clock train. lt wal
agreed 10 let the matter rest until that
time ia order 10 admit Of argument rela
tive TO the suffeleucy OF the indictment.
Nc Ward-"Oannot the prisoners be
present.
Chief Justice Lore" Sheriff, bring up
the prisoners
Frank Levy and John Manlove vent
/ down to the basement cells, where this
/ accused had been sinos their arralgn-
ment. and, at 10 30. marched In with the
prisoners. Lynch was in advance, SWaI
next and Brown last They wore darl
/ clothes. and there was a worried look Oh
the face of each
Seated Just outside the box WAS Mis-
Il Annie A j. Brown, Sister OF ex keepal
\ Brown. who had come all the way fro.
Indiana to be present at the trial. Be
side her was an Old lady as q companion
Miss Brown, pretty young lady, Wor
black coat and dress, and brown ha
with black ostrich tips. Lynch's brothe
was also near the box.
Tearing Up the Indictment.
Mr.. Gray asked that the last count Il
the indictment be stricken out beoaus
OF uncertainty in its language and IN
suficiencY in tho description Of tbi
wound He said that he had authorities II
support OF his contention.
| Chief justice Lore-"Mr. White, d
YOU hold that this count is good2"
Mr. White-'It is not material, bu
We have authorities 10 sustain tha
count. II was drawn from q count II
the Indictment 10 tue ciss OF ths Stas'
vs. Miller A question was then rsiset
as to its sutiiciency Of the description o
the wound"
The court ordered the count strickei
out.
Mr.. Gray and his colleagues thel
attacked the first aud second counts b
endesvorlng 20 have the wor
"strangled," !" stricken out, on the groun
that decedent cauld not have bee
strangled as the wounds are alleged (
be on the head and the right sida Of th'
body.
This objection was promptly over
ruled.
At the suggestion OF Mr. Hayes th
names OF Drs Burton and March be cslle
again. This was done aud thsy did nc
respond.
Mr. Cooper-'0n the part OF the stRsl
we insist on going on, 1t will be Ions
trial. which will take the rest OF tn
,-,a.t- let than take their attach