Evening journal., 1896-02-17

corridor quite slippery, but not more so
In the other wards He demonstrated by
means Of the plot that Cakes could not
possibly have seen the interior of the
bathroom from the point where he said
he stood. for a section OF wall would
have shut of his view.
DR.. Hammond, assistant physician at
the asylum, was recalled and stated that
In July Pisa refused TO work any more.
and since that time had spent his hours
10 idleness
He was the last witness for the de.
tense, which closed its case Just as the
Court House clock struck the hour OF 3.
Witnesses Against Michael Lynch.
The State then began winding up It's
end OF the case. Mr.. Cooper called
Court Stenogrspher L @ Hardesty and
showed by him that DR. Clayton bad
stated TO the coroner's jury that Swan
had his feet on Pisa when be was down
on the floor Of the corridor.
Calvin Newman, OF Clayton, who was
up TO August 1891 an inmate OF the
asylum, was called to impsach the
reputation Of Michael Lynch In the
asylum at Farnhurst. He said that It
was bad. but when asked upon what he
based his declaration. replied that It WAS
upon his own personal observation. He
had never heard Lynch's reputation
discussed by anyone, at the asylum or
elsewhere. This nulllfed whatever
value his declaration might otherwise
have had, as the court had specifically
ruled that personal observation could not
be used to impeach a mans general
reputation for peace and good order In
the community In which he lived
Stockley Daniels and Levin Lowe, the
former from near Townsend and the
latter from Laurel, both former inmates
OF the institution. did better ser Vice for
the state, for they swore that they had
hoard Lynch's character discussed. aud It
was bsd.
Residence OF David NJ wapies.
David NJ NAPLES was recalled He
said that his present home was near
Nassau, Rshoboth hundred, .Sussex
county. he removed from Philadelphia
about a year ago. and had lived Ia
Rehoboth hundred since that time with
the exception OF from June TO Novem
Der 29, 1895, during which period he was
an inmate OF the Farnhurst asylum
Mr. White said that he proposed TO
show that some Of the men who had
testified against WAples's reputation did
not live In the same community with
him, they being removed from Fix to
sixteen miles from his place Of abode.
Judge Cullen who lives In Suss ex
county aud who kuo VS. It's Pee uliarlties
In there every phase hooted the idea that
a Sussex county community was 80 cir
cumscribed as the attorney general
would have the court and Jury believe.
This took the wind out OF the sails OF the
state and NAPLES left the stand Imme
diately afterwards the state closed It's
case.
willing to submitI It.
Mr.. Hayes, OF counsel for the defense,
offered TO submit the cass to the Jury
without argument Nc. White said
that personally he had no objection to
taking a similar course. but occupying
an official position and having a duty TO
perform for the people he Thought that
duty required that be argue the case
Mr.. Cooper read the prayers OF ths
state and was folls we'd by Mr. Hayes
when submitted those OF Mr.. Bradford
and himself Ia bshalf Of Lynch.
Prayers In Verbal Form.
Mr.. Ward said that he and Mr. Gray
had q set OF prayers In the hands OF the
typewriter, and expected them 60 be
brought to hin, but they had not ar
rived. He then proceeded to outline
them from memory, saying that he
would submit them Ia writing at a later
stage Of the proceedings.
Must Be Disposed or.
Chief Justice Lore said that the court
intended to dispose OF the case II 1t took
until midnight, as other wise It would
interfere with civil BUSINESS, and asked
the lawyers to fix the time llmlt for argu
ment.
Mr. Hayes expressed a relustsucs TO
being limited.
Laugh Against the Chief Justice.
Chief Justice Lore said that John n
Clayton once said that 8 lawyer who
could not sum up a case In half an hour
ought not to try one.
II have heard your honor take longer
than that" said Mr.. Hayes. and the
laugh was against the chief justice
Finally 1t was decided to allow the
state two hours aud a.half and the
defense three hours for argument TO be
divided as counsel saw ct.
Cooper Argues for Conviction.
Deputy Attorney General Cooper began
his argument at 3 45 o'clock. He said
that he felt a relief that his responsibility
Was about TO be discharged and placed
upon the jury to say whether men who
had committed such g shocking crime
should or should not be punished.
When the people lose their reverence
for the law we shall soon be lost In
lawlessness and anarchy" he said "The
coroner should have been notified that
there had besn a sudden death; In the
institution Was It done2 No. The
body WAS taken to the morgue, the beart
removed, and then, under cover OF night,
the remains OF Leon Pisa we're brought
out and buried. believe that the
officials OF that institution knew that
there had been q murder committed in
Ward @, and that DR.. Hamuond knew II
full WELL
1.-THE state has been obliged TO rely
upon any evidence IL could secure In this
case for you have seen that tho state
could expect no help from the officials,
and the inmates who saw 1t could not be
brought here TO testify.
"Oakes did get mixed and did show
some feeling against Lynch, but there
was no evidence Of any kind TO show
that the best Of feeling did not exist
4 NJ.