Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1891-12-17


of the hotel. To his knowledge Edward
Clark never put dollar Of money in the
venture, all the money having been fur
nished by the witness from the source he
had already named.
Mr.. Wilkinson was shown the anony-
nous letter and said he lrst sawit between
| the 18th and 10Th of November, 1890, at
his office in New York, where it was handed
him by Charles |, dn Pont. He had it
taken to q photographer and photographed
and afterwards gave il back to Charles /.
du Point, that 1t might be returned to
whom it belonged, Before doing so he
showed it to Mrs. Noble for examination
and instructed her to get samples of the
writing Of all persons who might be con-
cerned in the destruction OF the du Pont
property. She then started upon her work
On cross-examination Mr.. Wilkinson
| said he had heard that the Pinkertou
agency had been engaged upon this case,
but did not know it of his own knowledge.
The money he received first from the
du Points was check for 81, 500 or 81 600,
| IN August OF this year. He put the money
| for the purchase of the Columbus Inn in
the hands of his brother, Mrs. Noble he
SAID, made daily reports to the agency of
her operations here. Detective Traynor
was instructed to not make daily reports,
as such frequent writing might awaken
suspicion, Illustrate his plans or endanger
his safety. He said that no reward was
| claimed by his agency or anyone connected
with it for these cases. He had expressly
| stipulated that he would not operate for
contingency or a reward. The charge was
| 50 per day and expenses for each operator
engaged i'll the case.
FOUGHT HIM orr WITH GUN.
Martin Kamether is the man who sue
ceeded Edward Clark US tenant of du Pont
farm near RoclSland. He moved there the
18th Of March, 1880 and said he should
have moved in day sooner, but when lie
arrived there Clark and his wife refused to
| let him have possession. He SAID Mr.. and
Mrs. Clark both threatened to shoot him
il he attempted to enter upon the premises.
| He waited there with wagon load of
goods from o'clock until noon, thinking
he would then have a legal right to go on
the premises, but again the Clarks shut the
gate and refused him admission. He then
moved his team up above the house, put
| the things over the fence, went away and
came back with a load of furniture He
went up to the house, but Mr.. and Mrs
| Clark slammed the door shut as they APP
proached. Edward Clark started to come
out with gun. in his hands, threatening
to shoot anybody who came inside the
| gate, but q man in the room caught him
and pulled him back. He did not get to
move into the house until next day.
Eugene du Pont was called TO prove
] formally that the old barn was located in
Chris,iana bundled, New Castle county
i He said the barn was built about 1877 and
4 was never burned.
Here the state rested.
A MOTION FOR GIBBONS AeQuIrrAL.
Then Mr.. Hilles, who is counsel for Glib
bons only, Mr.. Harrington representing
the Clarks, asked that the court instruct
| the Jury to bring in Gibbons not guilty OF
/ tho QNnrUp nf /, ru nilatrai ri, tba in
| dictment upon two grounds
|. That the State has absolutely failed to
| prove any venue in this case.
2. That the State has also failed to prove
by any testimony that is admissible, that
| William j. Gibbons was connected with
this conspiracy in any way.
As to the failure to prove venue Mr..
Hilles said there had ben no testimony
offered by the State as to where the con-
| spiracy was formed, the only proof of
venue being that just given by Eugene
du Point of the location of the barn in
| Christiana hundred. The rule. as laid
down by the courts he said, was that the
venue is the place where the agreement
| took place, not where the crime was COM
mitted. He said the Indictment alleged
that the conspiracy took place in Chris
tiana hundred but that no proof had been
offered in support of this allegation
on the question Of venue Mr.. Hilles
| quoted various authorities.
| Upon the question of lack of proof Mr..
Gibbons said that but four of the witnesses
| testified about him in any wuv--Mrs.
Noble Thomas II. Lynch, Thomas Lynch
and Joseph Knox. Mrs. Noble testified
| that at the Logan House Gibbons said,
| abiding to the du Points, they have suf-
| iered and they will suffer" Mrs. Noble,
| Thomas II. Lynch and Thomas Lynch
said Gibbons told them that he and Burns
4
and Joseph Knox testified to seeing them
there one night in June, 1890. This is the
entire proof against Gibbons, and it all
happened prior to the time proved of the
existence Of any conspiracy. He held that
there was no proof flat ons conspired
with anyone TO burl the old barn.
Attorney general Biggs replied. He
claimed that the venue in this State does
not mean hundred, but applies to the
county. He also held that the evidence
against Gibbons was sufficient TO warrant
the belief that he was Il party to the CON
spiracy to burn the old barn.
THE REQUEST REFUSED.
The court declined to grant Mr.. Hilles'
request, holding that the suiticiency of the
proof was matter for the determination
Of the jury.
OPENING FOR THE pEFENoE.
Austin Harrington then made the open
| ing address to the Jury for the defendants.
He said he would show the jury the exist
ence of q dannable plot, after the most
celebrated detective agency in the country
| had failed in the case, TO secure convic-
ton. He would also endeavor to show
| that when the anonymous letter was
written, Mrs. Noble, the woman detective.
sat beside Joseph Clark and dictated it,
saying at the timethat shewould give S15to
see one Of the du Pont barns burned He
said the State depended upon the testimony
of detectives alone, and ne would not con-
vict dog on such testimony.
no TESTIMONY FOR GIBBONS.
Mr.. Hiles, on behalf of Gibbons, said
he would have 10 witnesses, but would,
when Harrington's evidence was in, argue
the case to the jury as it now stands.
TELLING ABOUT THE DETECTIVES.
Mr.. Harrington first called Vincent
Clark, boy of Is years, the youngest
son Of Edward and Mary Clark. He Said
he knew Mrs. Noble, but that when She
came to their house, about year ago, she
vent under the name of Mrs. Boughton.
She came TO the house nearly every night.
Mrs. Noble would write letters. and would
often ask Joe to write his.name, When she
went away, he said, she invariably kissed
the witness and his two brothers. She was
continuously talking about the du Points.
Detective Iraynor brought fiddle to the
hotlsr with him, and also a dog. Vincent
said Traynor's dog attacked his dog, and
when he kicked Traynor's dog 1raynor
got mad and threatened to tell his father.
AT the Columbus Inn, he said, Joe CLARK
was required 10 do nearly all the work,
Detective Lynch doing very little.
Court adjourned until 80 clock p. IN.