Evening journal., 1891-11-23
GIBBONS In CUSTODY.
HE FAILS TO GIVE BAIL FOR Al
LEGED CONSPIRACY.

The Attorney General Demands SIS 1000
In Bis Case-Hnles Protests The
Smith Case Resumed-B ackburn Case
Continued neged Fire-BuEs TO BE
Tried on December !.
The first work done when court recon.
vened at 10 o'clock this morning was to
60 over the trial list Of the Superior
Court. The 222 cases on the list we're
disposed of as follows: Trial, 80: con
tinued, 1872; passed, "A; dismissed. 8;
referred, 4 !; Judgment aud costs for de-
PENDANTS, B; settled, l.
The Barn Burners Arranged.
The case of the State VS. Gibbons.
Burns and the Clarks for burning and
conspiring to burn the property of Ell
DUPONT de Nemours and Company was
called up Biggs for the state; w. s.
Hiiles, represented Gibbons; Austin
Harrington represented the Clarks, and
d. d. Ward represented Burns
Mr.. Hilles stated that the Idefence was
not ready for the trial, and asked that
December be set for the trial. This was
satisfactory to the state.
Attorney General Biggs asked that
Gibbons be placed under $4,000 bail to
answer TO the charge OF conspiracy.
Mr Hllles informed the court that
Gibbons was already under s., 900 peace
bond, and 80 900 bail for burning the
barn Of the DuPonts, and that It would
De Impossible for Gibbons to give $15. 600
bail. He claimed that the attorney
general had sprung the matter upon him
fifteen minutes before, ana he was not
prepared TO meet it. He protested that
$lS, 600 bail was excessive, and he wanted
the attorney general to agree to some
combination whereby the $40, 600 would
cover all three indictments.
Chief Justice Comegys, addressing the
attorney-genersl, said:
Don't you think s5, 600 bail very
heavy for peace offense2 Bail is regu-
lated according to the circumstances of
the accused Why that was all the bail
that was asked In the case OF murder In
the second degree"
Ten thousand. so please your honor.
bnt this is an exceptional case, and we
are prepared to show that the threats
were exceptional. IL was at my eHgges-
tion that the peace bond was placed at
S. 0e0 "
We are not supposed to fix the bail "
replied the chief justice
Then as no bail has been furnished.
the defendant must be committed, sug-
gested the attorney general
Yes, abe chief justice replied.
Sheriff, take that man into your Gus
tody"
Mr.. Hilles, said the chief Justice.
you should have instituted habeas
corpus proceedingsfor the release of your
client from giving bail bond under this
Indictment
If it pleases your honors the matter
was sprung upon me only fifteen min
utes ago
This ended the matter. Sheriff Sim
mems marched Gibbons to cs l.below the
Court House. The witnesses were dis.
charged until December z.
Blackburn Murder Case Continued,
On application Of b. Il. Ward. counsel
for Walter w. Blackburn. accused Of
numbering little Eddie Gardiner. the case
was continued until Wednesday, Febru-
ary o lcsa, because he was not prepared
to defend him The witnesses in the
case were discharged until that date,
Special Juriss Asked FOR,
United States Senator George GRAY
asked that special juries be drawn in the |
following damage suits, in which he and
Levi q, ElId IRE counsel: Regina ID
Jones ". w. g. B. Railroad Com.
psny CAsharine Tulley, administrators
Of J-n.s J. Tulley, deceased, VS.. the
Baltimore and Philadelphia r. r. Co.
and James Dougherty administrator of ].
9. Doughsrty, deceased, vs.. the p, w. &
3. Railroad Company. The plaintiffs ia
the Jones and Doueherty cases will be
by Mr.. Gray. In the Tulley
rass matters will be Just the reverse. Mr.
Bird will represent the corporation.
Argument in the Burglary Case.
Nathaniel Davis then opened the ar
I dment for the state in the Smith bur.
gulary case. He detailed the ci-cum-
stances Of the trial and asked for con
viction on the strength of It.
He was followed BY Frank d. Csrpep
ter. He frst attacked the evidence of the |
two principal witnesses, saying:
who are theyl One is an Italian mis- |
sionary, smothered, pinioned and fright |
sned, who has connected the visit OF i
these men : with the crime afterwards
the other an old woman-a /
hygiene fanatic, woman who /
sleeps with her head at the foot Of /
the bed. and her feet on a bolster IA 1
order that she might not be poisoned to
death by her own breath. A mind /
reader and professor Of aco0tsic, who for
forty years has studied sounds, the
pitch Of the human voice, &c. I saw
that woman like that is too good for
this world and she ought to Join the
great majority on high.
Miss Angelina drew her lines too
closely. She recognized the man by his
walk; recognized the club which was
held over her in a darkened room &C
midnight. She is not reliable witness.
At this moment Mrs Angelina and her
friends discreetly withdrew from the
court room, and il was p obably q good
thing for Mr Carpenter that he was not
arguing in the main corridor as they
down 1t.
He was still addressing the Jury when
SQUIRT adjourned until ? so O'clock this
afternoon
Habeas Corpus Proceedings.
II is rumored that Mr. Hilles will in
'titute habeas corpus proceedings for the
'elease of his client, Gibbons. If be does
lot Gibbons will remain In jail until the
ury decides his fate.