Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1891-12-17

whoever he may be-"
This declaration, made with vigorous
emphasis, created decided ripple of
excitement, and some people in the
audience applauded loudly.
"Gentlemen, you must keep ORDER"
said Judge Cullen, sternly, "or we will
have to clear the court room"
Mr.. Hilles claimed that with all of
| Lynch's efforts, after being with Glib
bons day after day for two months,
passing himself off as a confidential
friend, he had not obtained from Glib
bons single confession that he ever
set fire to that barn. There were threats,
but only such threats as an employe,
feeling as employees generally do, make
every day about their employers.
"THE GREATEST LIAR EVER SAW"
The testimony of the States leading
witness, James Moore, was next taken
up. And now," said Mr.. Hilles, "you
have the greatest liar | ever saw or
heard of, and his name is Jimmie Moore.
When you look, gentlemen, at the
Dloated face of that rum-soaked bum, |
cannot believe that you will give his
testimony any credence. Ills own state
ments show that he was not speaking
the truth. If he had not a made up
story, Matched by himself, aided by John
Traynor, then l never heard one."
WHY HE SAID 81 DONE IT."
AS to Gibbons alleged remark, "I
done it" made in the presence of half a
dozen men while the fire was still burn
ing, Mr.. Hilles said: "If the people
standing around on that occasion had
believed him guilty, they would have
thrown him into the fire, and he would
have deserved it." Mr.. Hilles contended
that the remark was only drunken eX-
preston. lie held that as the fire en-
dangered the powder mills and thereby
threatened the lives of everybody in the
neighborhood, including the prisoners
mother and sister, it was inconceivable
that he should have been guilty of tho
awful deed. The man who fired that
barn, he suid, had no mother and sister
living in that neighborhood. II was a
man who had deep and awful hatred
against the du Points.
WHAT THE DETECTIVES WANT.
Abiding to the work of the detectives
in the case, Mr.. Hilies said they were
interested in this case far more than the
dollars and cents that were involved. The
Pinkerton agency, oldest and best in the
country, had been engaged upon the
case without accomplishing anything,
and if these detectives now succeed in
convicting this man they will blazon it
all over the country as an evidence of
their superior skill.
MIR. Hilles asked for his client the
presumption of innocence until the iury
are satisfied beyond reasonable doubt
of his guilt. As to the prisoners preyi-
GUS good character, it was attested by
his friends and Ieighbors, including
the priest of his parish, who had known
him since his youth. The only thing
that could be said against him was that
he unfortunately gets drunk occasion
ally "Why, gentlemen" said the
speaker, elf you were to hang every
man on the Brandywine and Christiana
Banks who gets drunk, there wouldn't
be u man left there. The vice is un-
fortunately prevalent among the young
men there"
In conclusion, Mr.. IIilles urged that
the State had utterly failed, by any di-
rect testimony, to connect the prisoner
with the burning of the barn. The
state, he said, had not proved beyond o.
reasonable doubt the guilt of the ac-
cused, as they are bound to prove it
under this indictment.
Mr.. llilles also addressed the court,
with reference to his contentious upon
the value and effect of circumstantial
evidence, and the manner in which he
desired the court to charge the jury.
THE CLOSING ARGUMENT.
Attorney-general Biggs then began
the closing argument for the State. He
said that when the security of life and
property depend SO entirely upon the
right OF trial by jury, as it does in this
country, no gravcr responsibility can
fall upon men than the duty now
deyolying upon this jury. He had no
malice against the prisoner, but was
here solely 70 do his duty. lie urged the
jury to cast aside all feelings of sym
pathy and try the case entirely upon
the law and the evidence. Then, If they
entertained a reasonable doubt, such d
reasonable doubt as any fair-minded
man would entertain after hearing the
evidence on both sides, to give the pri-
soner the benefit OF it.
Mr.. Biggs then reviewed all the eyi-
dencc with respect to Gibbons prox-
unity to the barn about the time the fire
broke out, coupled with his actions, and
the defiant, partly ashamed look that
Mrs. du Pont noticed upon his face
when she passed him in her yard. All
the circumstances, he held, tended to |
fasten upon Gibbons the crime of burn |
ing the barn.
Mr.. Biggs keenly analysed tile testi-
mony as TO Gibbons confessions and |
threats, holding that they tended to cs-
tablish the prisoners guilt He also
came to the rescue of James Moore, who |
had been so numerically scored by Mr..
liillcs. "lie proved that the detective
had bought Moore a pair of pants.
Well, he needed pants. and surely my
learned friend would not have him come
here without pants" Mr.. Biggs said
there was nc doubt Moore was speaking
the truth, and the confession made to |
him by Gibbons was obtained in a per-
fectly natural way.
The encouragement held that far as
motive and malice was concerned moth
ing more could be desired than the posi-
tive testimony offered by the State. 1t
showed his hostility to the du Points
who, he evidently thought, ought to
have kept him in their employ, drunk
or sober, and paid him whether he
worked or not. Mr. Biggs also reviewed
the testimony of Detective Lynch, up
held its truth 1nd consistency and spoke
Of the necessity of detectives and the
honorable character Of their vocation.
He said they are absolutely necessary
for the well-being of society and the
detection of crime.
In conclusion the attorney general
earnestly that the State had
made out case sufficiently strong and
conclusive to establish the guilt Of the
and he,asked the Jury. for tho