Evening journal., 1896-02-06
BIG LEGAL FIGHT AHEAD
Liberty of the Farnhurst At
tendants the Thing at Stake.
TRUE BILLS AGAINST lALL THREE

AAperM 10 WORK on Eihh'a nohft,
Next Wednesday Fixed an the Day FOR
Trial-Grinago May Stretch Hemp. -
Michael Lynch. Daniel Brown and John
]. s van, the Farnhurst ssylnm at
tendsnts. will have TO stand trial for
murder la the second degree A. so
o'clock yesterday afternoon the grand
Jurors appeared before the Court OF
Oyer and Tsrminer aud presented In
diotmenta against three men for
causing the death VI Leon Pisa on
October 8
The bills we're found on the strength
Of the state'a testimony alone, and do not
bind the outcome OF tho trial ia any
particular
The witnesses examined by the grand
Jury were Dr.. Harry l.. Clayton, Dr. j. J
Slack. president OF the Board Of Trustees
Dr. Howard Ogla, who witnessed the
autopsy perforned by Coroner's Physician
Walker Thomas ORkss, who was dis
missed byi Supei intendent Hsncker, and
subsequently started the scandal
Waplea aud Kenyon, ex-inmales OF the
asylum. DR.. E q Shortlldge, reprosen.
tativs.of the state At the postmortem, aud
Coronor's Physician Walker did not
appear before the grand inquest The
testimony Of David w. wsples WAS most
damaging TO the accused, and did more
than that Of any other mans In deter
mining tho result
An The grand jurors were present with
the exception Of David w. Shocklsy, Of
this city, and Wilmer J Ellison, OF Red
Lion, who have been sick for some time.
When court met this morning it was
found that. by rssson Of the heavy
storm, Sheriff ellis had failed TO bring
Lynch, Brown and Swan over Andrew
O. Gray and H. Il Ward, his lawyers,
were present but could do nothing.
Chile 4 Justice Lore summoned Sheriff
ellis and instructed him to telephone o
the warden TO have the prison ers ia the
Court room by IL o'clock, and notified
lawyers for the defense to th AZ effect
More Trouble for Lynch.
The grand jury returned three true
bills sRainst Michael j. Lynch, the
Farnhurst attendant, already under
indictment for murder In the second
degree, charging him with assaultinR
Lewis s. LAWS, Stockley Daniel and
Robert Keny on. inmates Of the asylum.
In tho Dock.
At II sc Swan and Brown we're marched
| John Mgnlove Every eye In the crowded
court room was fAed upon them. Swan.
who wore q neat dark gray suit and black
tie. was quite pale. Browns face had a
natural color. he wore a black suit and
a blue tic dotted with white
Both men seemed to reeognlzs the
lgravlty Of the situation.
A fe v seconds later Lynch's boudsmen
surrendered him to the sheriff He
stepped into the dock wearing a
worried look, black overcoRt. dark suit
and black tie. He exchanged few
words with his fellows In misfortune
Attorney General White and Deputy
Cooper were present on behalf OF the
state. II h Ward and Andrew O. Gray
represented swan and Brown. while
John Z. Bradford and Walter H. Hayes
appeared for Lynch.
There was a full bench.
Chief Justice Lore rappsd his gsvel
brlskly for order.
Clerk OF the Peace Fosrd-"Daniel
Brown, John J. Swan, Michael j. Lynch
stand up
The men obeysd. holding up their right
hands.
Mr. Foard then read the lengthy
Indictment AT It's conclusion he asked
them separately:
How say you, are you guilty In The
manner and form as you stand indicted
or not guilty ?"
mot guilty " was the reply OF each.
"Sit down." commanded the Chlei
Justics.
Michael Lynch also pleaded not
guilty to three counts Of assault and
battery.
Andrew O Gray renewed his appllca
tion for an order directing the attorney
general 10 examine Pisas heart Ia the
presence Of state representatives, snd
alco to have tue right to remove a small
portion Of the heart for purposes OF
microscopic examination. He based his
application cn the constitutional pro
vision relative to witnesses and compul
sorry process. To make an oxamlnatlon
the piece OF heart would have
to be prepared, and, to be
OF any value, tho specimen
must remain In the possession OF tbs ex
pert In order that he may swear TO its
Identity when he comes to the stand
The state could designate any perAon "a
sit up with the piece of heart aud see
that It was properly used, Every special
lst had his own particular way OF psepir
lux hulu EHNlimNLn ~ WanNNA VIC
expert for the defense to havs exclusive
custody OF the place OF heart, otherwise
it would be worthless "Tho state OBJ
jscts to us doing snything but sq1intine
through tae microscope At the specimen
Mr. Cooper-"Mr. Gray and his col
league called upon ne a few day s ago II
reference to this matter. We said thai
Ne were willing to have the heart, In the
preference Of a officer, brought beforl
an expert. That such specimens "a
either expert should desire shall bi
takon from the heart. Oae or both ex
psrts shall prepare specimens for thu
microscope, but ia ths prsssncs OF one
another; no portion OF the heart to go
out OF the states possession
Attorney General White also oontende'
that the heart shonld not 60 out OF the
custody Of the state officials Auy ex
animation made by the defense must ba
presence of thein the states expart.
Mr. Ward argued for the defense oil
ths lines laid down by Me-. Gray In hil
opening remarks.
"Ws don't AK anything which woul,
destroy the Identity, shape or character.
istlcs Of the heart In any way, said Mr.
Ward. I'VE simply wait our expert Il