Delaware gazette and state journal., 1896-03-19
Imposed by Judge Grubb Upon Keepers
Brown and Swan.
THE TRIAL REVIEWED IN DETAIL
Judge Grubb Satisfied the
Verdict Was Just.
EACH GETS ONE YEARS IMPRISONMENT

ing sentence.
Sentence was finally imposed in oyer
and terminer court yesterday, upon
Keepers Daniel Brown and John j.
Swan of the Diamond State Asylum for
the Insane at Farnhurst, who wero
convicted of manslaughter in causing
the death, by violent treatment, Of
Leon Pisa, an inmate, on October 9th,
1895. Each was sentenced to ono years
Imprisonment in New Castle Jail, and
a fine Of s400, the lightest penalty per-
mitted by law.
The point raised by the defence on
Monday that the next step was that
the State should move for judgment,
which upon u divided court should fall
came TO naught, for the court at last
soomed to be unit on one thing,
namely, that sentence should pass
This opinion of the court was made ap.
parent by Chief Justice Lore almost as
soon as the matter came up this morning
when he said that even il no motion
was made the court must pass iudg-
ment.
Attorney General White and Deputy
Attorney General Cooper were present
for the State, and the prisoners were
represented by Ii. Ii. Ward and Andrew
20. Gray. There was a largo attand-
ance Of lawyers to hear tho case and a
not very large crowd of other spectators.
The prisoners were seated near the rail
OF the court and Miss Brown, who has
80 faithfully kept near her brother
through the case, was again present.
The prisoners looked rather pale of
countonanco through the last scenes.
Mr.. Gray, for the defence, addressed
the court in regard to the point made
h. a a
that the court does not represent tho
State nor tho prisoners, but stands be-
tween the State and the prisoners. Tho
passing of sentence by the court is tho
judicial act of the court. # is the
courts assent upon the verdict and
upon the ontire record in the case, and
until that judicial determination by
the court is made the case is not COM
plete.
After further remarks by Mr.. Gray,
the Chief Justice said that the verdict
is made and judgment passes as mat
Ter of course Mr. Gray held that az
tho court had divided there was no
opinion Of the court on the Judgment
in tho case After further remarks tho
Chief Justice said that tho court felt
that 1t could not hear any further OBJ
jectiona
Mr.. Gray asked that the record show
that the arrest of judgment was refused
by divided court. This will be shown
by tho record.
Chief Justice Lore announced that
Judge Grubb would proceed to pro-
nounce sentence on the prisoners. Judge
Grubb spoke as follows:
"Daniel Brown and John j. Swan,
stand up. Have either of you anything
to say why the sentence of the law shall
not now be pronounced upon your"
The prisoners had nothing to say.
You say nothing, continued Judge
Grubb.
''It has become general usage for
the judge imposing the eentence to
make suitable preliminary remarks to
the convicted prisoner in even ordi-
nary criminal cases, in this State. To
pursue this course is peculiarly appro-
pirate and important in tho present in
stance, in view of the public and wide
spread interest felt in this very notable
case; in consideration OF the novel
questions and uncommon incidents at
tending this hardly contested and pro-
tracted trial, and in the hope that your
conviction and punishment will have q
beneficial influence upon those charged
with the custody OF those hapless and
helpless inmates of insane hospitals
here and elsew here, who deserve kindly
sympathy and gentle care instead of cal
lous Indifference and brutal cruelty.
''The grand jury of this county, in
attendance on this court, having found
an indictment charging you jointly
with murder of the second degree for
the felonious killing of Leon Pisa, on
October 9th, 1895, in the Delaware
State Hospital at Farnhurst, in this
county. You were both tried and zeal
ously defended by able and faithful
counsel before an impartial jury at the
bar OF this court, and found guilty Of
nanslaughter.
"On the morning of that day Leon
Pisa was an inmate of said hospital.
According to the evidence he was a
well man, sitting quietly on a seat be
side one of the witnesses in this case.
when you, Daniel Brown, directed him
to go with you and receive tho bath re-
quired by the hospital regulations. 1t
Is not shown that he was then actually
demented, or lunatic of violent or
dangerous habits or disposition. He
resisted by holding on by the seat until
he was pulled from it and conducted
along the corridor by you, Brown, and
the witness Oakes, to a point about
five feet from the bath room door whore
you, John j. swan, were then standing
within sight and immediate reach of
him.
"There Leon Pisa. an unarmed man,
not shown to be violent or dangerous
patient, was surrounded by you, Brown.
and Oakes, and within reach of you,
Swan-all three of you vigorous,
trained hospital attendants. 1t was
not shown that he was greatly superior
to any one of you in other size OF
strength; nor that the three of you
could not reasonably, and without force
or violence fatal to his life, have con
trolled him and defended your own
lives and persons against any serious
harm from him. Nor ia il shown that,
in the struggle which you both testi-
fled to, either OF you received the
slightest wound or injury to your por.
SONS.
Yet, within very few minutes
after that struggle, Pisa was dead
man in your hands, with a completely
fractured skull and two broken ribs.
Moreover, although it should have
boon manifest to DIR. Hammond, il ht
was competent physician, that Piss
had not died from natural causes ht
was nevertheless hastily buried with
out notice to the coroner, and in vio
lation of law"
Judge Grubb then reviewed the pro
ceedings following the conviction O
the accused mon, and showed that th,
equal division of the Court on an,
motion had the same legal effect as al
adverse decision. In conclusion, h,
imposed the sentence Of one years i'm
prisonment and $I00 fine