Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1891-12-24

and mailed November 9Th, the yery dav
the Settler barn was burned. All tho
other statements of the. letter were
Drought out, with startling effect to
show their force and evident evil inten-
uon.. All going together, he held, must
convince the jury that there was con-
spiracy existing against the du Points.
and which was directed against the old
barn, the special object of the du Points
regard and watchful care.
MIR. Davis reviewed the efforts of the
detectives engaged in the case. They
deceived the people, Of course, he adj
mltted, but he claimed that the course
they adopted was the only means by
which they could accomplish their work.
10 the attempt of the defence to prove
that Mrs. Noble dictated the anonymous
letter to Joseph Clark, Mr.. Davis re-
Piled that the letter was written on No
yember 18th, while the proof was that
Mrs. Noble did not go to the house of
the Clarks until November 22d, more
than two weeks later.
In the course of his address Mr.. Davis
was frequently interrupted by remarks
from Mr.. harrington, disputing various
statements. Finally Attorney general
Biggs became annoyed and made a little
interruption of his own.
ALLOW me to suggest" he said TO his
colleague, ''that you ask the court to
stop these Interruptions. wouldn't
stand 1t and | don't think you ought to"
oh, well, II wont do them any good"
was Mr.. Davis reply.
Mr. Davis argued that the testimony
was So closely linked together that i
was impossible to throw any part of il
out, and that ii proved the guilt of Glib
bons as well as that of the other three
defendants. He closed by urging the
jury to rendor n verdict of guilty as TO
all four, in manner and form as in
dicted.
MRS. CLARK wEEPs CoPIoUsLY.
Mrs. Clark continued weeping during
almost the entire time of Mr.. Davis
address. She applied handkerchief to
her eyes and occasionally seemed fairly
with emotion. At times she
paused for awhile to make some re-
mark to her husband, and once or twice
turned around and looked fairly at the
Speaker, but for the most part She kept
her face covered and wept couvulsiyely.
SPEAKING FOR THE oLARKs.
At IL O'clock Austin Harrington
began the task of arguing into the minds
of the jury the belief that his clients,
The Clarks, arc innocent. lie claimed
That the detectives We're simply engaged
III an eiiort to work up il case so ms to
obtain the reward. They had to make
daily reports to the agency of some kind
Or other, for without daily reports there
would be no pay. There was no other
to convict his clients, he said,
than the word of these hounds who were
paid TO come here.
Mr.. Harrington spoke until O'Clock,
when court took recess until 2.30.
While Mr.. Harrington was speaking
Mrs. Clark continued her convulslve
and Edward Clark was once
noticed furtively wiping tears from his
ayes. The boy maintained his Indifferent
iemeanor, and Gibbons gave no show
,f interest whatever.
Mr.. Harrington finished his argument
n defence of the Clarks, in the barn-burn-
ng conspiracy case at Thursday after
loon's session of court.
William s. Hilles followed in plea for
William J. Gibbons, the only one of the
our defendants represented by him. He
iald that when two men and one woman
'redit certain statement to another man,
I is very hard matter TO disproye the al
eyed statement. and yet this is the only
proof against William J. Gibbons In this
,ase. As TO the effect OF detective testi-
nony, he said 1t comes under weight
md cloud of suspicion very hard to re-
move. Detectives may be needed to ferret
nut crime, but let them stop there and
ieep off the witness stand. You don't want
he testimony of professional witnesses.
Mr.. Hilles said that the testimony that
iibbons had once walked by the old barn,
n broad daylight. and stopped to get a
irink of water, wps the only evidence by
which IT was sought to connect him with
his conspiracy And that road was public
Dad, and the water there was used by
in the neighborhood. The first
violence of a conspiracy is the anonymous
etter, which is dated November It'll, 1880,
Knox, that II was in June, 1880, when Glib
1ons stopped ut the barn, four or five
months before the date of the letter.
One important item wanting in the
states evidence, Mr.. Hilles contended,
vas the utter failure to prove any concert
If action or purpose between Gibbons and
my one else. file closed with an earnest
,lea TO the jury to acquit Gibbons.
Mr.. Hilles' address was only a half hour
II length, but ID was an admirable and
Effective presentation OF the case as far us
I applied to the one defendant in his
,harge. 1t was q pleasing effort and was
istened TO with close attention by every
me In the court room.
After addressing the jury Mr.. Hilles
lsked the court to charge upon the follow
ng points:
4 conspiracy is defined TO be an agree
nent by combination of two or more
persons by some concerted action to ac-
omplish some criminal or unlawful pur-
pose, or to accomplish some purpose not
n itself criminal or unlawful by criminal
Or unlawful means.
In this case the agreement to burn the
,arn known as the ''old barn" is the gist |
# the offence.
In order for the jury to find William ].
Gibbons guilty under this indictment they
must therefore be convinced beyond q |
easonable doubt that he agreed with the |
'larks or with strangers to this indictment |
o burn this barn.
What was said by one of the conspira- |
ors as mere relation or narrative of some |
art of the transaction or as to the share |
which other persons have had in the exc
ution of q common design, cannot be in
reduced or considered by the jury in this
ase.
What was said or done by any of the |
ersons charged in this indictment before |
r after the conspiracy was pending is not |
dmissible in this case.
In all cases of conspiracy the common
esign must be first shown before the |
tatements or declarations made by one of |
he conspirators i'll the absence of the |
Tiers can be given in evidence against the |
theirs.
Proof of a general conspiracy to burn |
ut the du Points will not support this in |
Encouragement Biggs made the closing
rgument for the State. To Mr.. Har- |
ington's structures about the Clarks being
eld under $4,000 bail by warrants sworn |
nj baforp a Middlatnwn rnoyisttnta M