Evening journal., 1891-12-10

street. | went out to the fire.
1t was Mr.. Hilles's intention to con
tradict Moore's testimony by getting
Harkins to state that Moore made GER
tain threats against the DuPonss. His
evidence was not, admitted as Moore had
not denied it. He simply said he did not
remember It,
PLOT FOR THE DEFENCE
William T. Carswell, civil engineer,
testified to the correctness Of plot pre-
sentsd by the defence He said that the
grade from Gibbons house to the barn
was about ten feet In hundred part Of
the way, four feet on another part,
while the rest was almost level He also
gave the distance from point to point.
This chart was exhibited to the court
and the jury, and Mr. Carswell exempli-
fed IL. He calculated the distance from
Gibbons's home to the barn to be about
27OO feet, or little over half mile
BE knew where Eugene DuPont's barn
is. By foot path from Eugene DuPopts 8
stable above the bridge the distance
would be about 400 feet. The angle
would be between twenty-h five and thirty
| degrees. IL is very steep hill l don't
know what degr es the stable Is above the
bri ge, but don't think that it Is more
than thirty degrees.
morning.
THIS MORNINGS SESSION.
Court reconvened at 1910 o'clock this
morning. The trial Of William j Glib
bons for barn burning was resumed. The
face OF the prisoner did not wear the
happy expression that characterized 1t
| yesterday.
Before the trial WAS proceeded with
every seat In the large court room was
taken, which showed that interest in the
case was unabated
RUl6oRs THAT JUDGE coAfRaYs is vRRr I'LL
There were rumors flying around the
| court room that Chief Justice Comegys is
very Ill, but they could not be confirmed
THE DEFENCE CONTINUED.
The first witness called by the defence
was Gilbert Eggleston, a smooth.f faced,
intelligent-looking young man. He said
| Il now live in Philadelphia | went
there about three weeks ago. formerly
| lived at DuPont's Bank.
"Do you remember sitting In the sum-
meI house with Moorey' Eyes
did you see some men approaching?"
Yes "
did Moore say Here come these SIS
Of b--s. | don't know why they
should come for me +" Yes
do you remember when the first
barn was burnedf'
"Dld you see Gibbons theTe27 "Yes.
What was he doingY" up on the
wall, fighting the fire"
CRoss-ExAMINED.
Biggs-"W when was this?" 'It was on
Saturday night in 1891" don't know
what month The detectives had told
me that they were coming over to see
him"
"what did Moore sayfp "Here
what they want with me, cannot tell
them anything"
Biggs-"That is all
JOHN MANLoyE SAW HIM
John Manlcve was sworn;
"I am laborer / remember the
occasion of the burning Of the
New barn. am member of the
Pbenix Fire Company. Our hose ear
riage went out there | saw Gibbons
between s and o'clock, he was helping
rs in With the hose"
1 TO PR0Nh HIS CHARACTER.
Hilles-"Your honors. understand
that there is rule limiting the number
Of witnesses, to prove character, to six
Is that the rule when the testimony is to
be attackedT
Judge Cullen I have never known
the rule to differ
Mr. Hilles then called John s. Miller,
William Kirkwood, ex-Levy Courtman
Thomas Toy, Father Kelley, Patrick
Thornton and Daniel Cloward who testi
fed to Gibbons good character,
THE DEFENCE RESTS
Mr.. Hilles said that Gibbons came ere
without a requisi'ion.
The state then called Detective Harvey
b. Yaudegrift BE was sworn and testi
fed shat Gibbons character was not
good
Mr. Hilles demanded where he lived
and who told him.
The attorneys general objected, as he
said that Mr.. Vandegritt was q peace
officer and 1t would iujure his work.
Mr.. Hilles persisted, and Mr. Wade
| grift stated that last May he had a war
rant FOR him for breach OF the peace on a
Rising Sun street car. 1t was after then
that he heard Of his bad character.
4 nc tOuEA IuACu bnhJ no 4bp4 uOb ElFb
the names. he then said that his
character was not good.
Joseph Knox, Taylor Nipple, John
Macklam, Pierrie Geutieu, William easy
who have known Gibbons from boyhood,
testified that his character for peace and
good oraer was not good.
JAMES EoRTv RECALLED.
James HOrty was recalled by the
state.
Biggs-"Did you ever have any CON
versation with William ]. Gibbons as to
where he was the night of the freY' Wit
ness-"Yes"
''Did he ever make any statements as
to how he went from his house to the
| hre7" "Yes.n
| "When?"
Il don't know It might have been
two days or two weeks after. | do not
think 1t was more than two weeks and
might have been. only three days. He said
that be left home, came upto Mr.. Eugens's
corner, he went from there to the old
barn, took a drink of water. He
came across the Cannon House"
lot Eabout one-quarter of mile
and sat on fence he said that he then
walked towards N. Frank DuPont's resi-
dence. He said he saw a light in the
window Of the gable of the barn It
looked like lamp (or lantern. don't
know whicb) or q candle. he saw it
through the window in the gable end of
Il the bsru. he said he saw the light