Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1891-12-24
DELAWARE GAZETTE STATE NEUTRALITY-SUSPICIOUS. pEIAw

tne motlon Tor continuance, but Judge
Houston objected, and the application was
held under adyisement.
MAY NOT BE TRIED AGAIN.
Burns trial, if continuance is not
granted, will be commenced on Monday,
December 18th.
There is still another indictment against
Edward, Mary and Joseph Clark, for con-
spiracy to burn the Kamether barn, located
on the farm on which Clark was d tenant
for years, until he was succeeded by
Martin kamether, on March 18th, 1880. 1t is
possible, however, that this indictment
Will not be pressed. The punishment for
conspiracy to burn is fine, pillory and inn
prlsonment. or any Of them, at the dis
erection of the court. The case is, there
fore, almost like a man convicted of
murder of the first degree, with another
indictment for the same crime hanging
over him. There is no real necessity Of
trying him on the second indictment. If
the judgment the court passes upon the
first conviction is deemed sufficient pun
ishment, the State will not feel called
upon to prosecute upon the second indict-
ment.
THE STATES ATTORNEYS CONGRATULATED.
Many congratulations were rendered At
torney-general Biggs and Deputy Attorney
general Davis for their able management
.ef'S's my iliNE pNtii
with skill and vigor, and two successive
convictions are fiattering evidences of the
success of their efforts.
And throughout the community there is
general belief, which finds ready utter
ance, that the deiyerances of these two
Juries are just and righteous verdcts.
On Friday afternoon, Judge Houston
having meanwhile withdrawn his oppo-
sition, the court granted the motion of
Ii. III. Ward, counsel for Eugene Burns,
for q continuance until the February
term of his trial on a charge of burning
the Fleming barn on January goth,
1890. Burns is out on bail and on
Monday his bail bond will be renewed.
The amount is $4,000, and the sureties
are his father and mother and William
Baxter. The same jury panel now
serving will serve at the February term,
and from il the trial jury in Burns case
will be drawn.
To-day Judges Houston and Cullen
will confer with Chief Justice Comegys
at Dover, with reference to the sentence
TO be imposed upon Edward, Mary and
Joseph CLARK and William J. Gibbons,
the four conspirators already convicted.
Sentence is not likely to be pronounced
before next Wednesday, us Austin lIar-
rington. counsel for the Clarks, has
until that time to file reasons in support
OF his motion for new trial for his
clients. There is small probability of
his motion being granted. All the pris-
oners were taken back to New Castle
Jail in the afternoon.
No business was transacted in court
Friday afternoon, and adjournment
was made until 10 O'Clock Monday
morning.
Judge Cullen was too i'll to attend court
Monday morning. and as Chief Justice
Comegys, though improving, is still unable
To leave his home ut Dover, the court came
to a standstill for lack Of quorum of the
bench.
Judge Houston, whose general health
and physical condition are unusually
good this winter, was on the
bench at the usual hour, on Monday,
and all the courts, including the court Of
oyer and termincr, were opened In due
form. In the latter court q capital trial
James Carr, for the murder OF Antonio
Basso--was set for this morning, but the
lack OF q quorum put stop to business.
Judge Grubb was present, but It requires
three of the four judges to constitute a
quorum Of the oyer and terminer court
bench, and no business could be trans
acted As JUDGE Grubb cannot sit in the
general sessions and superior courts Of this
county, Judge Houston was left entirely
without colleague us far as these courts
are concerned. The only thing that could
be done was TO adjourn the courts, and in
order allow time for the recovery Of their
incapacitated brethren, Judges Houston
and Grnbb ordered an adjournment until
Monday. January 4th, 1892.
In addition to the postponement of the
murder trial, the argument of the motion
for new trial of the Clarks in the con
spiracy case, and the sentencing of the
Clarks and William J.Gibbons also go over
until January.