The Sedalia weekly bazoo. [volume] (Sedalia, Mo.) 187?-1904, 1878-03-26

VAUDEVILLE, No, via CsocKER, no.,
March lS.-In the Gibson trial To- day the
prosecution introduced in rebutta: X. NJ.
Lilly Of Dixon, Who vas positive that Lof-
Ian told him that he had not seen Gibson
after six o'clock Of the evening Of the wreck
! Of the train; Morgan Of Richland, who ties
! titled that he heard the conversation be-
tween Shelton and Anderson and testified
that Shelton did not say he (Shelton) Was
witness against Gibson because the detec-
tives wanted hun to BE-, and Jesse Sals,nan
Of kichland, who testified that Pevers, when
intoxicated, said that he, P-vers. had not
seen defendants after six o'clock ON the day
Of the wreck.
After brief consultation among council
the case closed suddenly. owing to the alb
sence Of three witnesses, and all other wit
nessss. 100 ir number, we're discharged.
Three-fourths Of these witnesses took advan-
tage Of the bright moonlight and made their
exodus from town, after selling their Tee
bills to brokers for 60 per cent. The cost
to the State Of this case up to the present
time will be about s. 900, and IL the three
other defendants are tried the expense will
be nearly $25.OOO. To-day opens the
THIRD WEEK OF THE TRIAL,
OF Gibson, and it will be occupied chiefly
by arguments to the court and to the jury.
A large proportion Of the Granger element
of Pulaski and adjacent COUNTIES are in
town, desirous to hear the argument in the
case. The courtroom, forty feet square,
does not accommodate more than tenth Of
those anxious to get IN. Messrs. Mitchell.
ODay, Hubbard, Bradshaw, Baker and
johnson. counsel for prosecution, aud
Bland, Seay, Nixon and Wallace, counsel
for defendant, rank high for legal ability
and forensic power IN Southern Missouri,
and, therefore, attract more than usual at
tention.
The instructions asked for BY each side
were submitted to the court to-day. The
jury were Withdrawn and the lawyers ar
gued for Eve hours the questionable points
asked to be embodied in the instructions.
The main contest was regarding the In
struction OF the jury On conspiracy, the de-
PENDANT claiming that the trial was for
murder. The father, wife. t~o sisters,
child and nice Of Gibson were seated about
the defendant to-day in court. The sisters
are between twentyi and thirty years old
and were dressed in the plain style usual
to rural Missouri. They closely watched
the lawyers and anxiously studied the jury.
Gibson
ACTED MORE NERvOCsLY.
than on previous days and looked plead.
ingly about the courtroom. The father,
mother and wife Of Greenstreet, and wife
and sister Of Long. we're also present.
II has been agreed among the counsel to
argue before the jury for twelve hours o,'
each side, 20 a to submit the case on We'd
nssday night. The instructions on the part
Of the state we're read to the jury by Mr.
Hubbard. They state that the indictment
charged the defendant with premeditated
murder in the first degree BY vilfully tear
ing up the railroad track and thereby kill
ing Engineer Cation on June 2, 1877, and
IL the evidence showed Gibson to be acces-
sorry before the fact Of obstrucsing the track
or removing rails, or that he aided or exci.-
ed . conspiracy to do the act, or counseled
the act for the purpose Of robbing the
passengers; or disclosed his connection
with the affair, either personally or BY
Others alleged to be in the conspiracy, or il
the circumstantial evidence presents no
reasonable and substantial doubt of Glib
sons participating in the conspiracy, the
jury should find him guilty and BY doing
80 would have nothing to do with
MEETING OUT THE PUNISHMENT.
Mr. Nixon read Instructions given on the
part Of the defendant, which hold that the
evidence to prove Gibson guilty should
show that the train must have been wrecked
by human agency; that defendant must
have removed the rails and caused the en-
CINE to run o6, With felonious intent 70 kill
and rob the passengers; that the circum-
stantial evidence must link together and
implicate the defendant beyond doubt, the
legal presumption Of innocence being in
favor Of defendant; tie wreck must have
been BY criminal act and not possible
accident, and defendant must Be shown to
have been present At the time and place Of
the wreck.
Mr.. Hubbard Of Springfield opened the
argument before the jury for the prosecu-
ton, and narrated the circumstantial evil
dence given BY the witnesses for the State.
During this narration Mr.. Gibson acted in
meditative mood, and held in her mouth
q stem Of peach blossoms picked from .
door yard opposite the courthouse. Occa-
sionally she turned, looking in her hus-
bands face - though she Vas inquiring il
the statements were true.
DIED.
At z o'clock last evening, Mrs. Emma A.
Turner, aged So years, after an illness Of
many weeks.
The funeral services will take place from
the residence Of her son in-lav, d. 7. Harts-
horn, on Second street, tomorrow, the 22i,
at 10 o'clock .. M.