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


aiDpohs ana the Clsrks Convicted of the
charge In tho Superior Court--A Weak
Effort to Prove Character.
More testimony for the defence in the
oarh.purning conspiracy case was taken
az yesterday afternoon weeks cnurt
vincent Clark said the day his parents
ana brother were arrested ut the Columbus
INN Detective Lynch told him that the
less ne said about the matter the better IL
would be for him, and then took him out
In the yard and gave him rs cents.
:, squire Sasse was called and testified that
sne Iiarks were given preliminary hear
ing before him and held under bail for
appearance ut this court. The warrants
tor their arrest were issued by Squire
ferguson OF Middletown and were sworn
sut by Charles ]. du Pont.
ATTACKING MRS. NOBLE.
Samuel Clark, another son of Edward
and Mary Clark, also gave testimony SINH
lar in effect to his brothers. about the
visits OF Mrs. Boughton to the house of the
Slarks. He said be saw Mrs. Noble go into
the room occupied by John Traynor one
night and stay there with him.
James Teas said that Mrs. Noble visited
mis- house one night lust February in COM
pany with Mr. and Mrs. Clark The party
Drought whisky along, he said. Mr.. Uar-
lnR.on asked him how many drinks Mrs
Noble took, but Mr.. Biggs objected and the
court decided the question Irrelevant.
THE KAMErHER-oLARK QUARREL.
=, Moses Moore told of visits made by Mrs.
Nopie 10 ms house, in company with the
Slarks and Johu Traynor, but knew nothing
that could affect her character or testi.
mony. He helped Edward Clark to move
when the latter left the du Pont farm,
start out OF the house with gun in his
hand, when Martin kamether arrived with
y load or goods. He caught Clark as he
was going out and Clark came back.
Patrick Murphy also testified about the
moving day episode, but he was outside
the house, helping Martin Kamether. and
knew nothing of Clark's side OF the con-
tention.
John r. Daily saw Mrs. Noble and John
Lraynor at the house Of the Clarks, on
Eleventh street.
Up to the time of these people coming
there did you ever have any trouble with
your neighbors, the Clarks?' asked Mr..
Harrington.
MIR. Biggs objected and the court ruled
the question irrelevant.
TRYING TO PROVE CHARACTER.
The Rev. Father George j. Kelley, testi-
fled that the reputation Of the Clarks for
peace and good order was good.
John Stewart, foreman of the Hagley
yard was next called, but he was of the
opinion that Edward Clark's reputation in
the community at large at present was
very bad
i, James sweeney, a young man. testified
that Joseph Clark's reputation was good.
Michael Mulln said that Clark's replita-
ton previous to this charge, 50 far us he
knew, had been good.
Here Mr.; Harrington rested his defence
OF the Clarks. In behalf of Gibbons, Mr.
Hilles called Samuel Clark, who said he
saw Gibbons at their house but once and
that was about four weeks before they
moved to the Columbus Inn.
NOT VERY sAvoRY REPUTATION.
In rebuttal the State called Policeman
John A. solomon. He said he knew the
reputation of the Clarks in the neighbor
hood, when they lived on Eleventh street.
and that it was bad. The ncighbors, he
said, frequently complained to him about
the disorderly character of the Clarks'
house.
Jonathan Il. Meacham, who lived two
doors from the Clarks,. on Eleventh street,
also said their reputation was bad. Mrs,
Meacham gave similar testimony and both
said that they knew Clark then by the
name of Burns.
WHY HE WAS STOPPED.
Mr.. Harrington questioned the witness
at length and with considerable irrele-
yancy, until the court stopped him. "Well.
II am to be stopped l will have to sit
down" he said.
You are only stopped, Mr.. Harrington"
re1oined Judge Cullen with some
asperity, "when you stop yourself by ask
ing irrelevant questlonsn
HOW TO PREVENT CONVICTIONS
There is one way of preventing con-
uctions," remarked Judge Houston with
dry. smile, 'and that is by protracting
trials indefinitely"
ALL THE TESTIMONY IN.
Martin Kamether said that Edward
Clark's reputation was bad. So did Mrs.
kamether, with a vigorous nod of the
head and especial emphasis on the 'badn
The State here closed and court ad-
Journed until Thursday morning.
NO NEW TRIAL FOR GIBBONS.
William s. Hilles, counsel for William
j. Gibbons, convicted last week of setting
fire to the NEW barn. of the du Pont COM
Pany, has not, within the four days al
vowed for the purpose filed reasons in
support of his motion for an arrest OF
Judgment and new trial, and the verdict
will now remain unchallenged. Some re-
ports of pnejudiced remarks by certain of
the trial jurors, which were to be made the
basis for the motion, proved to be entirely
unfounded and the matter was dropped
The closing chapter of the barn
burning conspiracy trials began in court
Thursday morning, when the argu-
ment was opened. Edward Clark looked
very serious as he took seat in front of
the dock, and Mrs. Clark also wore a
subdued expression beneath the light
veil she has invariably covered her face
with since her appearance in court.
During the argument she went
copiously. The boys face wore its
usual vacant exDressinu while Gihhono
was apparently buoyed up with hope
that he would escape conviction on this
charge.
Encouragement Biggs began the
vocal contest by addressing the court
upon the points Of law which the State
desired to be particularly presented to
the jury. They were:
!. "The day laid in the indictment is
circumstance and form only, and not
material in point of proof" Therefore,
1t Is sufficient, as to time, II the jury |
shall find the offence was committed at |
any time prior to the finding of the in- |
dictment. "Heards Criminal Plead
ings," p. 81.
Q. The gist of the offence alleged in |
an indictment for conspiracy to do an
unlawful act consists in the agreement |
TO commit the act, and II is complete as
conspiracy and indictable as such, |
without doing any overt act in execu-
ton OF the agreement, or OF the design |
with which it was entered into.-State |
VS.. Adams q Aiken, "Houston's Grim |
inal Reports" p 361; "Desty's American |
criminal Law" PIP. lis.
3. In order to convict the defendants |
it is not necessary that there shall be |
III a.f .a.I Il