Evening journal., 1891-11-25
LAST EDITION
GIBBONS OUT ON BAIL.
HOWARD MAt1ARTY ACQUITTED OF
BURGLARY.

Stealing a Horse-Light Sentence for
Thornton johnson.
Court reconvened at 3 o'clock The
case of E. 7. Stroud, charged with
policy backing, was continued until the
February term upon the application OF
George Il. Bates. counsel
Gibbons Released on Bail.
The matter of the bail and peace bond
of William J. Gibbons, the alleged
Dupont barn.b burner. was again brought
up The matter was reconciled by the
withdrawal of the peace bond, and fixing
the bail at So 600 in each of the indiet
ments for conspiracy and barn burning
The peace bondsmen were transferred to
the conspiracy bail bond, and Gibbons
was again released
The fist jury case called up
was that of the state vs. Howard
MahartY white. charged with burglar
izing the restaurant of Frank A. Gard
ner at Seventh and Shipley streets on
September 16.
Frank A. GardnerI took the stand He
swore that on that date his restaurant
was burglarized. That SOL was stolen
from his cash register.
His Pal Psaohed on Him.
The next witness called was George
Siverd, white lad and his companion in
crime. Several days ago Sive I'd pleaded
guilty and was sentenced TO term of
imprisonment for burglary. After his
conviction he "peached" upon his pal
Maharty, and signiied his Willingness to
go upon the stand against Maharty. This
led to Maharty's arrest.
Much interest was manifested when he
took the stand He said:
"Maharty and l met at Seventh and
Jefferson streets From there we went
all over town-the B. & O. railroad sta
tion and other places-about midnight
we went to Gardeners restaurant We
then broke in. We effected an entrance
through the cellar door. Maharty went
in first. We slid down the shoot that they
use for hauling oyster shells from the
cellar followed him had my finger
caught, aud cut part of it off This is
the finger left the other part there
Maharty went upstairs and got the regis
ter. felt sick We got the cash regis
ter down the cellar by the back entrance
Maharty took the money out / felt very
weak. We cTawled out of the cellar
Two men were coming. We walked
away rapidly. Maharty said he would
'whack up the next day He gave me
$19 of the $6l | did not know how
much he got then. did not see him the
next day. | went 10 Philadelphia and
stopped there two weeks. | had no idea
that was to be arrested or / would not
have returned. | did not see a watch. 2
Mr.. Ward, for the defence, conducted
rigorous cross-examination, but to no
effect.
John 0. Dougherty, a boy, testified
that he saw Slverd and MahRrty together
on the night Of the burglary. They said
that they were going to the B. & o.
depot.
Lewis Higgins testified that Maharty
offered to sell him a medium sized hunt
ing case watch for 81, saying that he
and Siverd were in trouble and wanted to
get out of town. This closed the evidence
for the state.
An Unmitiga'sd Liar
Walter B Hayes, for the defence, in
opening the case said that they would
prove Siverd to be an unmitigated liar,
and prove that Maharty was in bed when
the crime was committed
James Maharty, father of the prisoner,
swore that his son went to bed at Q. 50
o'clock on that night, and he saw his son
n bed when he retired at 121 is o'clock.
He also saw his boy in bed at 8 30 o'clock
in the morning. he was a model boy,
who never went out unless permission
had been granted by his mother or him.
Il self. He remembered the night because
8 there was a party given by his nephew OF
4 Seventh street, and his wife attended 1t
# He sat up for her to return.
Mrs. Annie w. Maharty, mother OF
4 the prisoner, corroborated the story tolc
q by her husband, and said that at 10 II
Il o'clock, after she returned from the
n party, she gave the prisoner a glass
n OF water and told him the time
She called him about z O'Clock
in the morning to go to the school tc
help his father clean it. She had seen
Mrs Badey on thd 17th and told her that
H she did not want her brother, Siverd, to
U entice her boy to go out West The rea-
son she went was that her little boy
whom she had sent out for cream re
turned and told her that Siverd had said
he was going toput up job on Maharty
because he refused to go out West with
him
Julia Maharty, sister Of the prisoner,
read the invitation TO the evening party. Il
was submitted ss documentary evidence
She then related the circumstances OF
the evening. They were substantially the
same as those given by the mother.
A Star Witness.
Alfred L. Maharty, step-brother o.
the accused, was the star witness for thu
defence He came home at 10 20 O'Clock
and found his brother in bed. His brother
slept back next the wall, as the witness
arose first. At 30 o'clock next morning
his brother was still in bed. he coulC
not have gotten out of ths third story
window without moving the bed. This h'
did not do
Leonard K. Maharty. a yeungel
brother of the accused followed the step
brother He remembered the night. Hi
brother Howard put him to bed at
o'clock. Next morning he was sent Il
y Porter's for cream. He saw Siverd at
Seventh ano Jefferson. he told him b.
was going to put up job on Howard. H
heard of the robbery that day.
Mrs Charlotte Badey, sister of the in
formant, Siverd. testified that sh
saw Mrs Maharty at her house at 7.3
4 to s o'clock on the morning of Sept II
She complained that Siverd had beel
keeping her son out at night.
Lols Siverd, sister of the informant
h went to Maharty's house on Sept. II
Maharty told her he stayed all nigh
|x with girl.
III Mr.. Ward. You know that tn,
the prisoners mouth Is closedr'
" Witness. Yes. sir.
Mr.. Ward-"That is all. {"