Evening journal., 1891-12-10

Clarks-rhe State Claims That fhsr
is No Defence.
When court reconvened at 80 o'clocl
yesterday, the court room was agail
filled Notwithstanding that the state evi
dence was all in
DouaHERTY AaAIH TAKES THE STAND
The cross-examination of PHILLIP
Dougherty was resumed by Attorney
General Biggs. He said
"When turned back Gibbons went OF
to the FIRE and / went home. knew
could do no good. was home half al
hour and then / went back The barr
was nearly burned. 1t was after z o'clock
Gibbons was on the barn, cutting Will
an axe or hatchet, and throwing watel
on the FIRE | saw him do it three O.
four times. did not see anyone else OF
my way home. did not see soul.
see someone nearly every night. but thii
night did not only saw Gibbons
when did you first remember tina
you saw him and when did you first speaf
Of it2' II don't remember. did not
think OF it until after he was arrested.
told George Sykes, some relation Il
Gibbons that saw him, don't know
what re- alton.
Hiles-'Sykes is Gibbons's nephew.
Biggs-"W When was it2"
Dougherty-"It was On Wednesday
that is all know, don't know whether
1t was this month or last month. am moi
a scholar and amt ashamed to own l..
daughter ~ don't know which barr
was burned first. saw him bott
nights. can't say which barn was
being burned.
Hilles- "Whers did you see the fames5'
"Over by Franks house"
Not in the direction OF the Fleming
barn2p mo.
''Did you ever go to school2' yes
but didn't attend to It, Laughter.
"How did you come to tell Sykes?'
''He works at the mill do. heard Glib
bons was arrested and told Sykes thai
saw Gibbons that night We have not
talked about it since was in tne mil
when I told Sykes.
He left the stand with all he did moi
know.
THOMAS SWEENEY TEsTIFIRs
Thomas Sweeney, a young white
lsborsr, living at the banks. said:
Il remember the barn burning on
~ 0Dlhta ~ Ahlltu q
Hollingswerth's | went out home, neal
Rockland, via Rising Sun and Squirrel
Run. | did not 60 through Flea Park
came across ths fields, through the stock
yard at Frank DuPont's | wai
standing about there when the FIRE broke
out. / was standing there when Mr.
Gibbons passed me-, going towards the
barn. He was running, The fire was
through the roof he said: Come tC
the FIRE. He ran through the small
gate. followed about twenty feet be
hind. / went down the path around the
house to the barnyard Two or three
men were there then, Gibbons was halt
up ladder. he said something about
bringing water. The shortest way to &c
would t6 70 sEpsebteo bto u5 Gh9S155 AZ bank Sn
it Is rough The shortest convenient
way would be to cross the creek in a
boat. It would have been out Of the way
to 60 by the bridge. / did not see Glib
bons again that night.
cRoss-ExAMINED.
Il qTit work about 5 o'clock, reached
Franks house. as near as can judge,
about 10 o'clock, when the fire was
through the roof. heard a young lady
squeal, but do not know what was said
I saw a girl at the window, but don't
know who she is. first saw the flare
through the circular window. l did moi
see Gibbons till he had passed me He
was few feet away. ! think he came
from the road at my back But do uot
know. he might have come across the
fields. lost all sight of him after | ran
down the lawn. The last saw of him
he was on a ladder. | think he wen
down in front of the house. don't
know who the men were who were there
They were near the gate leading into thl
barnyard l cannot place Gibbons Ri
may have stopped around the house.
was laid eff by v lillian DUPONT, together
with forty or fifty other men hav,
never had any trouble with them"
JOHN o'DoUeHERTY CALLED.
John 0'Dougherty was called ant
sworn. His testimony was as follows;
Il am an employe Of the DuPont's
live at Charles's Banks have lived ther,
about eighteen years Ii is about mil,
and a quarter from Squirrel Run I,
Charless Banks There is path through
the stockyard, but it made no material
difference in the dis ance. ran to the fr1
from my home There were many persons
there The barn was almost consumed.
saw Gibbons on the cornice of the barn O.
the corner Of the hay shed. saw hin
again after he came down. He was look
ing at it just like any other spectator
That is all know. When / said mil,
and a quarter meant from Barlow's mil
to the iron bridge, by using boat. II il
about mile on the direct line. Phillip
Dougherty lives about 100 yards above
the iron bridge"
Hilles-"Don't 60 away, please
BOBBY IN THE BOX.
Edward Bobby was the next witness
he said:
Il am clerk in Miller's grocery store
/ got to the scene of the FIRE between
and o'clock The roof and all the floor
had fallen in. / saw Gibbons on the
northwest corner of the barn
trying to break the wood worl
away to keep the FIRE from spread
ing to the hay shed. The flames weri
coming right up by him. / would con
slider it a verv dangerous place | die
not see him any more that night Ire
member seeing Gibbons with a man on
Monday, October 10, in a shed where vi
keep our horse do not know that b,
was detestive
Biggs-'I object.
Hilles-"I propose to show that this
prisoner was with Lynch and that be
was drunk. Lynch said that he only
saw Gibbons drunk once while in his
company. propose to contradict the
Witness
Court-"It is irrelevant. He does not
know whether it was a detective, !"