Evening journal., 1896-02-13
THE DEFENSE DEFEATED
Continued From First Page.

7 td hlii
"Wss Plsa's hand at Browns throat7'
'No, sir; mo more than IL is at my
throat nov"
"Wnsre were Brown and Swan at the
time Pisa was buried2" In their bed
room
Didn't you state at the Bayard Build
ing hat they were on the fire escape2"
"No, sir That Was afterwards, at 2
o'clock. They told me that Drs Hsncker
and Hammond said they dldn'tswant any
thug said about H.
"Do you known William B
uutoheson2" "Yes. sir.
"Who is her Attendant upstsirsf"
on the fourth floor"
did you; or not, IN his presence, as
you were going out the door, after saying
goodbye. after you had been discharged
on October 20. say; Lynch Is nothing
but big. burly brute Look out for
the Inquirer IL will be funny II you
don't Bee something IN It am going TO
make it hot for all hRndsl" II didn't
sea him 10 say goodbye, and conse
quently did not cay IT,"
Back in the Hands Of H's Friends
Mr.. Ward turned him over TO At
toIney- General White, who did bis best
10 hNIIAE uAtu uAA utut bAb WIN puVi
success. and Olkes left the stand after a
sweat Of nearly three hours.
waples's Sanity In Question.
David NJ NAPLES, former inmate Of
the asvlum, was called TO the stand
shortly after o'clock
Mr. Hayes-"We ask that the exam
ination OF this witness ba postponed IN
III our absent witnesses, Drs, Burton aud
M0rah arrive"
Mr. Cooper Objes.ed to the posip'ne
mont
Mr.. Hsyss-"We obi sct on the ground
Of his insanity. We have witnesses
summoned on this case aud they are not
here
Postponenent was granted; NAPLES
left the stand the jury was sent to It's
room, and a recess WAS taken until 10
o'clock this moralng.
Court stenoerapher Busr.
Court Stenographer O Hardssty Is
extremely busy. In addition 10 taking
the testimony In court he is engaged Ia
making q typewritten Transcripts OF each
days proceedings for the use Of the
attorneys He has four assistants IN his
room, and will have a verbatim reporter
TO help him At the desk.
Passed n Quiet Night.
Lynch, Swsn and Brown were brought
into the court room at 10 o'clock this
morning They had spent quiet night
In the cells In tho Court House basement
and looked rofreshsd. Miss Brown Was
present, but her aunt was absent,
probably on account of the slippery con
ditiou OF the sidewalks The crowd was
larger than yesterday,
State Detective MoVey opened the
proceedings by declaring that be did not
propose TO act as lay figure or dummy"
for any body.
at 10 O6 BaIlif Fleming marched 10
with the jury.
Mr.. Cooper-"Dsvld NJ. NAPLES"
Mr Hayes-"Our objection TO this
witness is - to his esnity and CON
potency. We have summoned DR..
Burton, OF Lewis and Dr. Marsh OF
Nassau His honor, the chief justice,
received telegram last night from DR..
Burton, asking TO be excused. lmme-
diRtelY telegraphed TO him that he must
be here this morning. We received q
telegram from Dr. Marsh this morning
asying that he had cut ankle and
could not come here. We would like 20
have them here as they are TO give
testimony relative to the competency Of
NAPLES. They were the two physicians
who passed upon bis mental condition
and u WAS upon their certificate that he
was committed 10 Farnhurst
Mr. Cooper-"He was discharged from
the Institution IN November
Court-"U nder legal proesesl'
Mr.. Cooper-"Hs was not dismissed
under any proceeding, except that the
superintendent turned him out
The Court asked Mr. Hayes 8 question
which Mr.. Cooper did not hear Mr.
Hayes started to reply.
Mr.. Coopsr-"Will you lot me got
through ard then talk
Mr. 6ayes-"Tbe court ssked me q
question He then proceeded TO answer
the court
After that Mr. Cooper began citing
authorities 80 show that NAPLES was q
conf Iatent witness He contended that
tina court must examine him In regard TO
bis appreciation Of the obliga ions OF a
oath He said that he would be willing
20 put DR. Hammond, assistant superin-
tendent Of the asylum. on the stand to
testify as TO mental condition Of NAPLES
The court decided that both sides must
put In evidence as to his condition and
NAN AAAAN WNAAA AANn feaa ANeAA NAN
matter.
Mr.. Cooper expressed his willingness
TO have the court examine the witness
aud pass upon his competency aud to
abide by It's decision
Chief Justice Lore said that the
regular method was to give the defense
G chance to show that NAPLES was in
competent.
Attorney General White suggested
that there was no difference between
the examination Of NAPLES ana the ex
animation Of a child
The Court thought otherwise. Mr.
White said that the State could 90 no
further into the case until the
competency Of Wsples was passed upon
At this junctrre DR.. Burton and
Sheriff Truxton came in
Chief Justice Lore instructed the clerk
TO call the names OF all witnesses snd
then ordered them 70 20 TO their
respective rooms Mr. Hayes endeavored
to hGve the Sussex county witnesses
exempted but failed aud Sheriff
Truxton and Mr. Hart we're ordered TO
20 to the room with the rast Of the
witnesses fer the defense
No..