Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1896-03-12
FARNHURST MURDER CASE
John j. Brown and Daniel Swan Denied
a New Trial.
THE COURT EQUALLY DIVIDED
Stood Two to Two on Motion
for Rehearing.
ANNOUNCEMENT MADE ON MONDAY

The Counsel for tho Convicted Men Allowed
Four Days to File Reasons Why Sentenc,
Shall Not be Passed argument Thereon
Possibly Next saturday.
Daniel Brown and John j.. Swan,
who were convicted at the present term
OF court of manslaughter in causing
the death of Leon Pisa at the Farm.
hurst asylum, will not have new trial,
tho announcement being made at the
oyer and terminer court on Monday.
The Court was divided upon tho motion
for new trial, just as it was divided
upon the question of admitting David
NJ. NAPLES to testify. In both cases
the division of the Court gave the de-
cision in favor Of the State
The presence Of a full bench in court
on Monday indicated the probability
of u decision upon the motion for a
new trial. The prisoners, Brown and
Swan, were brought into the court
room 10y Deputies Tucker and Levy,
and they sat near the railing. Near
them was Miss Annie Brown, sister OF
the prisoner Brown. The prisoners'
counsel, Andrew Q. Gray and Herbert
ii. Ward, were present, and the State
was represented by Deputy Attorney
General Peter l.. Cooper, Jr.
Chief Justice Lore stated that Judge
Grubb. would announce the result in
the Farnhurst case, which Judge
Grubb proceeded to do He announced
that the Court was equally divided on
the motion for new trial. All had
carefully considered the grounds. In.
asmuch as there was an equal division,
the Court had agreed not to read their
differing opinions.
Judge Grub then directed Brown to
stand up.
AT this iuncture Mr.. Ward asked
Judge Grubh what he proposed to do.
Judge Grubb proposed to sentence il
nothing appeared to the contrary.
Hereupon Mr. Ward moved for an
arrest of judgment.
Deputy Attorney General Cooner
wanted TO hear his reasons.
Mr.. Ward said that this was the first
opportunity of making the motion.
Mr.. Cooper desired to dispose of the
matter finally as early as possible.
The Court gave counsel four DAYS in
which to file reasons for an arrest of
judgment. The reasons must be filed on
or before Friday, and argument may be
heard on Saturday il the State is
ready at that time.
Mr.. Cooper remarked to the Court
that the reasons for now trial would
be no reasons for arrest of judgment,
but the Court could not enter into the
matter before the reasons were filed.
Chief Justice Lore and Judge Cullen
We're in favor of the motion for new
trial. Judges Grubb and Marvel were
against it.
II, after hearing argument, the Court
grants Mr.. Wards motion to arrest
judgment, il practically means the dis.
charge of the prisoners Ii the State
still desired to press them, the men
would have to be indicted again.
Should the motion fail, however, there
can DO nothing further interposed TO
prevent sentencing the prisoners.
Tho question of the pay of witnesses
for the defence in the case was brought
up at on Mondays session Of court.
Witnesses who testified concerning
Michael Lynch have been paid by the
State, as he was acquitted. Witnesses
for Brown and Swan should be paid by
the prisoners. except an affidavit be
filed stating their inability to paw. In
that case the State will pay these wit,
nesses also.