Evening journal., 1891-12-08

ENht upon bMG 6EAu0-MNb. AAAhSAS ~
DUPONT Testifiss Before the Court.
At 9 80 o'clock yesterday afternoon
every seat in the court room was taken
and persons were standing up in the
aisles Clerk Biggs again called tbs
names of the witnesses for the defence
I'm the hope that some of them had come
in with the crowd, but few answered.
Harrington wIthdraws His Motion.
Mr.. Harrington withdrew his motion
and announced that he Was ready TO 90
to trial in the case Of the Clarks for con
spiracy.
Biggs-"Why l should try No. 40
with three people and not No SO with
four | do NOT understand. Gibbons is
Joined with the Clarks in No. so, and we
might as will try all four at once for the
same thing Why he is ready in one and
not in the other do not understand
Harrington-'lf it phase your honors.
Mr.. Hilles represents Gibbons ia No. S9
and be says he is not ready. Now, II
your honors will permit, | will withdraw
my withdrawal Of argument and will de-
mand bill Of particulars.
Judge Cullen-"Mr Harrington do
you mean to tell me that such a demand
show authorityf"
Harrington-'T think can by the dc.
cisions of the Supreme Court by Chief
Justice Waite, that he attorney general
must furnish the particulars In case
whore the Indictment is general and In
definite"
Blggs-'If that is the case, some
paper should b fled, telling me what
| am to meet. No such paper has been
filed, and | ana at sea IS to what l must
meet. l make this suggestion if it is to
be argued want to know what l am
arguing. 1t would be useless con
sumption Of time TO try the Clarks with
out Gibbons, who is under the same in
dictment. Therefore, l see no other
course than TO adjourn until tomorrow
morning, when both sides viii probably
be ready"
draw my former motion
Judge Houston-"We will now ad-
journ until tomorrow morning at 10
o'clock and want no further delay. Crier,
adjourn the Court.
Court reconvened at 1905 o'clock this
morning. Judges Cullen and Houston
were upon the bench.
William J. Gibbons, accompanied by
his mother and sister, occupied seats near
the prisoners dock The Court Houss
was filed when the names Of the jurors
were called
The names OF the witnesses for ihs
state were called ard nearly all of them
answered When the names OF the Wit
nesses for the defence were called many
answered, but many were absent.
The Tri Begins
Blggs-"Please your honor, we are
ready. | ask that the prisoner be ar
raigned
Gibbons. with red and smiling face
be2nl5 hs- -i--- - th@ ho~ ~-a h@ld nr his
Clerk OF the Peace Biqgs read the iu-
dictment against him, accusing him Of
burning he barns Of the DuPonts, and
eonspiring to commit further crime
against them.
Clerk Biggs-"Hew say you prisoner
guilty or not guiltyf"
Gibbons replied in strong voice ~
am not guilty."
The Jury Drawn
The following jury was drawn: John
Lockerman, Charles Griffith, Samuel
Dickerson John w, Worrell, James Val
entine, Edward Davidson, William T.
Bradley James 7 ysasey, B. Frank Lip
pincott, Elw9od Bigger, Jr., Howard E
Lodge and Thomas O'Connell.
Challenged ny the Defence.
Charles Griffith, Thomas O'Connell
John w. Worrell, William T. Bradley
Henry NJ. Silver George q. Allcorn, VIII
liam Armor and B. Frank Lippincott
were challenged by the state, and the
following names were called to take
their places: Henry M Silver, Samuel
l.. Handy, James Carol. William
Armor, Charles Simmons, George w
Cooley and Allison Truitt. Tae iurv.
when completed was as follows.
John Loexerman, Charles Simmons
Samuel Dickinson, James Jarrell. JRmes
Valentine, Edward Davidson, Samuel Z
Handy, James T. Yeasey, Allison Truitt
Elwood Bigger, Howard Lodge and
George w. Cooley.
The state Opens.
Deputy Attorney General Davis opened
for the state. He read the Indictment
to the jury, made preliminary remarks
and read the Law in such case made and
provided.
"That ind ctment contains four counts.
: all for the burning of what Is known as
the new barn, one of the largest
barns In the state, and near the Hsgley
yards
we Will snow Jnab on DBc6m Der HG
1889 barn was burned, another on Jan
uary 81, following on October z, 1890, a
terrible explosion occurred in Hagley
yards; then there was the Seltzer barn
and following It the Mayne barn. These
barns were all in q circle around the
powder yards, and the fires. were always
started when the wind was setting TO-
wards the yards.
We will show that Gibbons was In the
Dupont employ that men we're being
laid OF and that he said he would blow
all the Hagiey yards up We will also
show that he told q number of persons
that he had burned the barns, and that
be made other threats"
The Witnesses Excluded
Biggs-'sIf 1t plesses your honor |
would like the witnesses on both sides TO
be excluded from the room. The state
witnesses should GO to the grand iury
room and the witnesses forthe defence 10
the law library"
Hilles-"l am perfectly willing"
The names were then called and the
witnesses retired to their respective
rooms
Hilles-"There are quite number of
my witnesses not here, but will send
them In assoon as they come.
The First witness.
Robert Freezer was the FIRST witness
called for the state. BE was sworn.