Evening journal., 1896-03-18

Faithful Sister Game In and Went Out
with the Prisoners-FuII Text Of Judge
Grubb's Address to the Oonricts-Bench
Divided to the Last.
For the staying of Leon Pisa, an inmate
OF the Delaware State Hospital at Farm
hurst, John j. Swan and Daniel Brown
were this morning sentenced by the
Court OF Oyer and Terminer to pay fue
Of $4O0 each and be Imprisoned for
term Of one year. that being the
minimum penalty under the law regula.
ting the action Of the court In cases Of
manslaughter
Andrew @. Gray and Herbert a. Ward
had exhausted every means at command
to prevent their clients from having to
undergo this humiliation and they gave
up the fight gracefully, with a conscious
ness that they had done everything In
their power to save the two ex-
attendants.
The sherih's deputies led Brown and
Swan into the court room a minute or
sister followed them. She occupied q
seat only \ pace or two from her
brother.
Court opened promptly at 10 o'clock.
with the four judges on the bench.
Deputy Attorney. General Peter L.
Cooper j., represented the state and
Messrs. Gray and Ward the prisoners.
There was a large attendance of law
yers and spectators, Michael Lynch, who
was indicted and tried with them, being
among them.
Mr.. Gray opened proceedings by insist
In haN \
necessary on the part Of the state, buttbe
chief justlcs told him that the court did
not care to hear srg ument on that point
Then he insisted that the court being
evenly divided, 10 could not sentence the
OF that either, although he made an
earnest endeRvor to do 80.
Judge orubb Passes Sentence.
Chief Justice Lore announced that
Judge Grubp 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 you2 You
say nothing II has become a general
usage for the judge imposing the sem
tence TO make suitable preliminary re
marks to the convicted prisoner ia even
ordinary criminal cases 10 this state
"To bursue this course is peculiarly
appropriate and important 10 the present
instance, IN view OF the public and wide
spread interest felt In this very notable
case In consideration OF the novel ques
tions aud uncommon incidents attending
this hardly contested and protracted
trial, and In the hope that your convic
tion and punishment will have q bene
fetal influence upon those charged with
the custody OF those hapless and helpless
inmates Of insane hospitals here and
elsWhere. who deserve kindly sympathy
and gentle care instead Of callous indif-
ference 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
ielonious killing Of Leon Pisa, on
October 9th, 1895. In the Delaware
State Hospital at Farnhutst, in this
county, you were both tried and
zealously defended by able and faithful
counsel before an impartial jury ct the
bar Of this court, and found guilty OF
msnslaughter.
"On the morning Of that day Leon Pisa
was an inmate OF said hospital. Accord
ing to the evidences he was a we'll man
sitting quietly on a seat beside one Of
the witnesses In this case, whel you
Daniel Brown, directed him to 60 with
you and receive the bath re-
quired by the hospital regulations.
It Is not shown that he was
then actually dsmented, or a
lunstic 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 Oskes, to a point
about Eve feet from the bathroom door
where you, John J. Swan, were then
standing within sight Of andiImmediate
reach Of him.
"There Leon Pisa. an unarmed man.
not shown to be a violent or dangerous
patient. was surrounded by you, Brown,
and Oakes, and within reach OF you Swan
ALI three Of you vigorous, trained
hospital attendants. II was not shown
that he was grestly superior to any one
of you in either sizs or strength; nor
that the three Of you could not reasonably
and without force or violence fatal to his
/ life, Rave controlled him and defended
your own lives and persons against any
serious harm for him. Nor is it show
that, Ia the struggle which you both
testified to, either Of you received the
slightest wound or injury to your per-
sons
"Yet, within a very few minutes aftei
that struggle Pisa was 2 dead man in
your hands, with completely fractured
| skull and two broken ribs. Moreover,
although it should have been manifest to
DR.. Hammond, II he WAS a competent
physician, that Pisa had not died from
natural causes, he was nevertheless
hastily buried without notice to the
coroner and in violation Of law.
In view Of these undlsputed facts, ID
connection, with all the evidence In the
case the Jury disbslieved your defencs
and found that you had feloniouslY
caused the death OF Pisa and we're each
/ guilty OF msnslRaghter
"Thereupon, through your counsel
you moved for a new trial on several
grounds, smong them that the yer
dict was unwsrranted by the law and
tho evidence, and also that the court
being equally divided as TO the CON-
potency Of David M. NAPLES as wit.
ness, erred in admitting him 70 testify