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

Clayton performed partial post
mortem. Brown and Swan took out
their patients as usual Lynch was at
the hospital all day. Brown had half
day off. He went to New Castle and
saw the base ball game between New
Castle and Philadelphia. He did not
act like a man who had committed
murder.
Mr.. Gray said they would bring wit
nesses as to the good character of the
prisoners from their youth up. 1t was
an excellent opening.
John X. Bradford addressed the Jury
in behalf of Lynch. They would show
that he was performing his duty in
humane and Christian-like manner.
They would show that Oakes had ami
mus against Lynch, that he had threat
ened to get even with him and show up
the institution.
DIR. Henry L. Clayton was the first
witness for the defence. The ques
tions were put by Mr.. Gray. DIR. Clay
ton gave his residence as Philadelphia
and said he was practicing physician.
He was in the State hospital on Octo-
Der 9TH, and left there the second week
of October. On October 9TH he was in
a room when Andrew Lambertson,
mute motioned to him, and he saw
Oakes and Brown with Pisa on the
floor. He saw Pisa's right hand at
Browns throat, and rushed across the
hall to break Pisa's grip. As he re-
leased Pisa's hanu he felt blow on
the back of the head. Brown had hold
OF Pisa's right hand which was at his
throat, and one knee on Pisa'e left
arm. Swan was kneeling on the floor.
Thomas Oakes was kneeling
After witness arrived the men were
on the floor about a minute. Brown
got up perspiring freely, Swan did not
seem to have Leen in so much of
struggle as Brown who was red in the
face and painting.
Did you at any time see Daniel
Brown on that mans chest or abdo-
men?" asked Mr.. Gray.
No, sir" replied the doctor, who
gave similar answer to similar
! question concerning Swan.
| Asked if he saw Swan kick Pisa at
any time, DIR. Clayton said, ''No,
sir, he wasn't up. Swan put his knees
on Pisa's arm and that was the only
part of his body that Swan put his knee.
Pisa got up with assistance. He was
very weak. Brown pushed him into
the door of the bathroom and when
he got beyond the tub he fell.
DIR. Clayton said that Pisa fell back
wards. He struck very forcibly. All
went into the bathroom and Lynch
came up. Lynch lifted Pisa from the
floor and Swan helped put him in the
tub. When they sat him in the tub he
was limp and motionless except one
foot was drawn up. This the witness
Strengthened out
He was not limp and motionless be-
fore he fell to the floor. He was taken
out of the tub and dried with towel
Peppers room, and dressed him.
'Was the man dead when they took
i him across?" Mr.. Gray asked.
Practically dead; he gave gasp or
two after they got him into the room"
was the reply.
The witness said that DIR. Hammond
came up in about five minutes, Lynch
having gone down at once to notify
him.
In answer to Mr.. Gray's question
whether Brown and Swan used any
more force than was necessary to get
him under control, he replied that the
main struggle was over when he got
there. There was no unnecessary vic.
lence seen by him.
Mr.. Hayes in opening his examina-
ton asked DIR. Clayton to show how he
Strengthened out Pisa 8 foot in the bath
tub. The witness said that Pisa was
about the same size as James L. Haw-
kins, who came forward. Dr. Clayton
held that Oakes could not see the bath
tub from the position outside the room
where he stood according to his testi-
mony.
i Michael Lynch was not there the first
time that witness went after the water.
Oakes was in the bath room part of the
time No force was used in putting
Pisa into the bath tub; he elid down
the incline. Winess did not hear Lynch
saw. HE'S nothing but -
crank. anyhow" Lynch had asked DIR.
Clayton's advice as to whether it was
better to give Pisa bath or not. Mr..
Hayes asked the doctor if he advised
putting him in the bathtub Mr..
Cooper objected to the question. He
said that the witness was an inmate of
the hospital at the time. The Court
overruled the objection DR.. Clayton
testified that he advised putting Pisa
into the bath tub to revive him. When
Lynch raised Pisa neither right nor
left side struck the bath-tub.
The way in which Lynch took off
Pisa's clothes could not have caused
fracture of the ribs or skull.
In speaking Of tine condition of Pisa's
body, Dr. Clayton said that the lett
arm was slightly bruised, as was also
the side in different places. They We're
superficial bruises.
Before taking up the crosse -examiua-
tion court took a recess until ,. 80
O'Clock.
When court reconvened cross-exami-
nation of DIR. Harry L. Clayton
begun by the attorney general was the
first move. He said he went to Farm
hurst on tho 10Th of September of his
own accord, because he wanted to go,
as he thought it was necessary.
Chief Justice Lore interposed in the
questioning and asked if it was not ad-
mitted that the witness had been pa
tient and discharged. Both sides an
swered in the affirmative. Attorney
General White said that the question
ing was to test the witness mind.
Limiting MIR. White to Ocotber 5th,
the examination was allowed to pro
ceed DIR. Clayton said he was patient
there on that day.
Pisa story. Witness said that after he
was first called by one Lambertson he
heard sound like scut1le, that he
| thought came from the corridor. He
went nut, on being called second time,
and saw Pisa lying on the floor. Swan,
/ Brown and Oakes We're with him. He
saw Swan try to break pisa's hold on
Browns throat. He (Clayton) sue
ceed in breaking Psa's hold on
Browns throat lie explained how he