Evening journal., 1891-10-27
BIGGS is FOR CONVICT ION
HE SAY THE CLARKS ARE NOT
STooL-PIGEoNS.

ney-Gen~ral Biggs Says Ho Has Enough
Evidence TO Convict Them.
Henry @. Turner and w. S. Hilles are
expected to conduct the case for the
Clarks when they are srralgned before
the Court Of General Sessions OF the
Peace and Jail Delivery In November. on
the charge of conspiracy to burn the
property Of the DuPonts. That Is. they
will condnct it II they can raise enough
public sentiment and money to give
them fighting chance to clear the
Clarks and line their own pockets with
greenbscks
Mr. Turner seems to have charge of
the public sentiment department, and
Mr. hilles will probably do the rest-of
the preliminary work. The first step
taken by Mr.. Turner was to pull the
leg Of every newspap per in the city with
the exception of the EVENING JOURNAL
by loading them with "stool-pigeon'
theory and habeas corpus proceedings
It Is generally believed that such steps
will not be taken. The reason assigned
for such belief Is that there Is scarcity
OF money, and the average lawyer does
not work for the love Of his fellow man.
II is said that one great effort Of the
attorneys for the defence will be to
create enough public sentiment against
New York detectives for arrestIng Della.
ware persons, to induce liberal minded
persons to contribute large sums Of
money to defray the expenses Of bitter
fight against the state.
Mr., Turner has entered his solemn
protest against the 'change Of pro
cedure" in the commitments as made by
Mur iuf4 "a j.. .l..r- A L.
has been q grave dereliction of Justice
and precedent has been established
which cannot be suffered by the people OF
this state to go unchallenged.
Magistrate sasss Out of Town.
The accused could have had counsel
and witness if they had demanded them.
They were allowed to ask any and all
Questions they desired. The persons
msking the afidavits answered promptly
every time, and underwent cross exami-
nation the same as II they were in the
hands Of lawyer instead of in the hands
Of the accused
Attorney General John Biggs con-
Quoted the case In person before Magis-
trate Sasse. Sufficient evidence was ad
duced before the magistrate to make him
feel justified In holding the accused for
trial in the upper court.
Athdavits we're made by three persons,
Detectives wilkinson. Traynor and Mrs
Noble. Sufficient evidence was brought
out to hold them, but not enough to pre-
vent the detectives from the further
prosecution against the fire bugs still at
large.
Mrs Noble swore that Mrs. Clark told
her that she gave whiskey to the men
Just before they went out to burn the
barn, and was oognizant Of their doings.
This Mrs. Clark emphatically denied.
Mrs. Noble went on under oath aud said
that Mrs. Clark had said that not only
the barns were TO be burned, but every
house out there belonging to the Du-
Points. They we're not held for burning
the barns, but for being parties TO the
| conspiracy to burn them.
This morning an EVENING JOURNAL
reporter went to Magistrate Sasse s
etiice, he was not in. he had gone 70
Washington In the interest Of the A. 0.
y. W. "Chief" O'Tools, his head clerk,
and who from his long connection with
the office, knows more about commit.
ments than the magistrate himself, was
there.
"Chief," the reporter asked, was
there anything irregular about the com
initial OF the ClarksY"
mo-" be replied Attorney General
Biggs had charge of the case. and he was
present in person. The facts ELECTED
were sufficient at a preliminary hearing
to hold anyone accused of such grave
offense"
he refused to talk any more on that
subject, saying that he would rather let
Magistrate Sasse do the talking il any Is
to be done.
No More Arrests.
Lieutenant Brady Of Wilkinson's De.
tective Agency, was seen in the Clayton
House corridors shortly before dinner.
He laughed at the structures smade
upon the manner Of the arrest and deten-
tion Of the Clarks, and said it was per-
fectly regular and done under the eye OF
Attorney General Biggs After stating
that he did not suppose there would be
any more arrests before 2 or 3 o'clock
this afternoon, If then, he referred the
reporter TO Mr.. Biggs.
What the Attorney General Says.
Attorney General John Biggs was seen
at his Office on West Seventh street at
noon. He did not seem to be In the least
concerned over the statements made by
Messrs. Turner and Hilles. When asked
II there was anything irregular about the
way in which the Clarks we're held for
trial. he said:
mot TO my knowledge. The case was
conducted just as any other case would
have been conducted. Warrants were
sworn out in the usual way before Jus
tice Of the Peace Richard Ferguson Of
Middleto m. On those warrants they
were arrested and taken before Magis
trate. Sasse.
eat that hearing William Wilkinson
and Mrs Noble testified that Edward
Clark and Mary Clark made statements
within their hearing that they conspired
to burn the barns Of e. l. DUPONT de
Nemours & Co. on December 2e, 1899,
January 23, 1890 and November IL,
1890. I think those were the dates
named. John TrRynor testified
that he heard like statements made by
Edward and Mary Clark, aud that he
also heard Joseph Clark making the
same statements.
What more evidence than this par
ticularly at preliminary hearing, could
be required do not know.
II then asked that they be held in
70, 600 bail in each case, which, in nv
opinion Is not excessive. They were
given opportunity to obtain bail, and IL
was for this purpose that had them
sent to the City Hall. They failed TO OH
TAIN " Ihey were accordingly
committed. Had they requested an
opportunity to obtain counsel their re-
quest would certainly have been granted.