Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1891-12-10

my client IN any way" said Mr.. Hilles.
II suppose my witnesses will be here to-
should like to have my witnesses present
before beginning the trial"
II suppose we will wait until my learned
friead is ready" said Mr.. Biggs, "but the
state is ready TO go on at any time
The trial, therefore, will probably go
over until Tuesday.
Austin Harrington, counsel for the
the Encouragement for II bill of particu-
lars OF the evidence upon which the State
will rely for a conviction.
Mr.. Biggs said this motion was novel
one and he was not prepared to believe that
he had to comply with It,
Judge Houston said this motion had no
precedent in the courts of this State.
After argument Mr.. Harrington with
drew his motion, Mr.. llilles had his wit
nesses called a second time and many of
them failed to respond.
Court adjourned until 10 a. m. Tuesday.
Again the population of du Points Banks
turned out ell masse, Tuesday morning, and
with other spectators filled the county
courtroom as full as it could hold. Every
body present felt the most intense interest
in the trial of the alleged barn burners,
which were announced TO start on Tues
day, with William j. Gibbons as the first
to stand the ordeal.
When court opened Gibbons,th accused
man, was brought into court and took u
seat on chair right in front of the pris-
oners dock. His mother, dressed in deep
black, sat beside him. while his sister was
seated at the attorneys table, beside w. S.
Hilles counsel for the accused.
| The roll of witnesses for the State was
called. THE State is ready in No. 49,"
then announced Encouragement Biggs.
Mr.. Hilles next called his witnesses, and
they answered. 1--WE are ready" he an
nounced briefly to the court
Let the prisoner be arraigned," said
Mr.. Bggs.
William ]. Gibbons was then placed in
| the dock and stood up with uplifted hand
| while Clerk of the Peace Biggs read the
indictment. 1t charged him with will
| fully and maliciously," on the 18th of
December, 1859, burning barn in Chris
tiana hundred, owned by Eugene, Francis
g.. Henry A., Alexander l., Charles l.,
Alfred l.: and William du Pont, trading as
u. /. du Pont, de Nemours d Company.
.'l'm not guilty" answered Gibbons,
briefly. when asked if he were guilty or
not guilty.
Then he sat down, and the work of
drawing the jury commenced.
In all 20 jurors were called, of whom the
fifth, John W. Worrel. William Il. Brad
hey, b. Frank Lippincott, Thomas O'Con-
nell, George III. Alcorn, William Armour,
Henry NJ. Silver. AS finally sworn the
jury vas rs follows
| John Iockerman, farmer, Blackbird
hundred; CHARLES l.. Simmons. grocer,
Wilmington Jsmes farrell, farmer, St.
Georges; Samue. Dickinson, farmer, st.
Georges; James Valentine, farmer, Mill
Creek Edward Dav.json, storekeeper,
New. Castle; Samuel L. Handy, farmer,
Brandywine; James 4. Veasey, farmer,
Pencader; Allison Truitt, farmer, New
Castle; Elwood Bigger, Jr.. farmer,
Brandywine; Howard II. Lodge, farmer,
Brandywine; George w. Cooley, mer-
chant, Wilmington.
Deputy Attorney-general Davis opened
for the State. He read the indictment to
| the Jury and said it contained four counts,
all alleg ng the same offence but in differ
ent manners. The barn burned, he said,
was what is known as the new barn"
close to the du Pont powder works and
near the Hagley yard. This barn was
burned on the night of December 26th,
1885, and the State would show that
another was burned on the night of Janu-
airy 10Th, 1890; on the 9TH of October, 1890,
came the terrific explosion; November Sth,
the Settler barn was burned, and November
| llth the Mayne barn. He said these burned
barns were i'll circle around the powder
works, and II would also be shown that at
each fire the wind was blowing in the
| direction of the works. The State would
also show that the prisoner, Gibbons,
worked for the du Pont company and was
laid of, with several others. That he had
been heard to make threats of what he
would do if he were discharged, one of
which was that he would blow up the
entire Hagley yard" That he had also been
heard to admit having set fire to the barn
on the night of December 2Bth 1890. "And
| a ~
Davis, I'VE will confidently ask at your
hands verdict of guilty."
Attorney general Biggs, before the TAX
ing of testimony began, asked that all wit
nesses be excluded from the court room.
81 have no objection" said Mr.. Hilles,
and it was so ordered.
The States witnesses were put in the
grand jury room, while those for the de
fence repaired to the law library.
Robert Frazer, the first witness called by
the State, popped up from a seat among
the audience, having failed to go to the
grand jury room. Mr.. Frazer is a civil
and mining engineer in the employ of the
du Pont Company, and he identified
two plots made by him of the
grounds and premises surrounding the
new barn" with the burning of which
Gibbons is specifically charged, The barn
was located near the residence of Mr.,
Francis G. du Pont. Mr.. Frazer explained
both plots to the court and the Jury. One
was Of the scale of SO feet to the inch and
the other of 100 feet to the inch. They
showed the lay of the ground ut the time
of the fire and the location of all the
buildings with reference to each other and
TO the Hagley yard. The barn was 03 feet
from the dwelling house and about 70t
feet distant from the limits of the Hagley
yard. The jury listened to the explanation
and examined the plots with close atten
ton and eager interest. The plots were
offered in evidence,
Then Mr.. Eugene du Pont was called
He also came from the audience, and moi
from the room where the States witnesses
had been ordered to assemble. He said he
had been a member of the du Pont com
pany since 1862. He remembered the night
the new barn" was burned, December
18th, 1883; its value was about $1,000, and il
was burned completely leaving nothing
but the stone walls. 1t belonged to Il. |
du Pont de NemOurs Il Company. His
attention was first attracted TO the barn
while at dinner, and he went there ut once
The fire was then through the roof, anc
was too far advanced for HIM to enter the
building.
DO You know William ]. Gibbons" in
quired Mr.. Biggs.
II do" said MIR. du Pont. 81 have known
him all his life
Mr. du Pont said that Gibbons hac
} worked for years for the du Pont company
as carpenter, in fact had never worked
for anybody else. He was discharged witt
eight others, on October 10Th, 1883.
F'What was the reason for the dis
charge p asked Mr.. Biggs.
For lack of work." was the reply.
"Cross.examine, said Mr.. Biggs.
MIR. Hillcs cross-examined. lie frs
drew from Mr.. du Pont the fact that Glib
bons' father was for years an employee O
the du Pont Company, having been fore
, death, about 1855. The barn, he said, wa