The Wilmington daily Republican., 1891-12-10
FOURTH edition
The Alleged Barn Burncrs' Trial.

S~bu 81 EEL
The Alleged Barn Burners Trial.
As soon as court reoonvened this
morning, the Gibbons case was again
taken up.
Gilbert Eggllnson was called for the
defense, and testified that ne was III
EuPonts' summer house last summer
with Moore, and saw two men ap-
preaching, when Moore said here
ZONES them detectives and / don't
know what they want with me. The
witness said he saw Gibbons at the fire
and he was trying to put 1t out.
On cross.examination he said that he
could not remember what month II
was when he saw the dectectives
John Manloye testified that he Is Q
member OF tho Phoenix Fire Company
On the night the barn was burned, the
hose carriage went out, and the wit.
ness went out with It. He saw Glib
IONS Mt the fire doing all he could to
prevent It from spreading.
Join s. Miller, William Kirkwood
Thomas Toy, Father Kelley, Patricl,
Thornton and Daniel Cleward. were
called, and each testified that they
have known the accused for years and
that he has always borne a good char
acter.
The defense rested with this witness,
and Mr.. Biggs commenced the exami-
nation of witnesses In rehuttal.
Harvey B. Vandergrift was sworn.
tnd testified that he is q peace officer
md knows tho accused. Last May
ne hOd warrant for his arrest, on a
barge of disorderly conduct on a
,treet cur, and when he was searching
or him on the banks learned that he
had very bad character.
Joseph Knox, Taylor Hlpple, John
Macklem, Perrio Gentlen and William
asey, testified that they know the ac
used, and that his general character
IN the community where he lives is
,ad.
This was the last witness, according
o the rules, for character, and Mr..
Biggs proceeded with other witness
8.
James Horty was recalled and testi
tled to aconversatlon that he had with
In which he told him how he
went from his house to the fire. There
was n good bit of talk about Gibbons
tettins fire TO the barn, and while the
witness did not believe II, 1t was what
caused him to ask Gibbons how he
went to the barn.
Francis DUPONT was recalled and
gave an additional explanation of the
plan submitted by Mr., Biggs. The
Iiagrams were not made for this trial,
,ut for the use of the firm, to show
now far their property extended. The
witness also explained how the burned
2arn was constructed, and what part
was stone and what wood.
The State closed with this witness,
when Mr.. BiRgs made the opening
argument to the Court for the State.
He said that while he did not think
his case rested entirely on circum-
.tantial evidence, as 1t had been shown
~ several witnesses that the prisoner
ad confessed his crime to number
pf witnesses, still, as there was con-
siderable circumstantlal testimony In
the case, he wished to cite some au-
borlties relative to it.
He then quoted from several books
TO show Tint circumstantial evidence
rs sufficient to convict. When he
closed. Deputy Attorney General
Davis made ths opening argument
o the jury for the State. Mr.. Davis
reviewed the testimony, and contend.
ii that the only way the barn could
1ave been fired was by the act of an
ncendiary. and that all the testimony
tended to show that Gibbons was the
man who had applied tho match
The fire broke out shortly after o.
'lock, and it was shown by the witness
Gallagher that the accused was seen
.o.ng toward the barn shortly before
that time. Again, when Mrs DUPONT
went out the first man she saw was
Gibbons, and he notified her that she
ad bettor get the things out of tile
house or they would be burned.
Mr., Davis contended that the
fact of Gibbons telling his friend that
he had burned the new barn and that
Surns had fired the Fleming barn was
NJ it's solf sufficient to convict him of
tho crime of which he was charged.
In regard to the witness Moore he
said that he was obliged to leave this
city under the care OF the detectives,
for fear that he would be put out oil
tho way ir he remained here. All the
evidence tended TO show that this man
Gibbons had "a grudge against tho Du-
soihs, AID therefore u motive for dc.
stroylng their property.
1t had also teen shown that the ac-
used had said that the DuPonts should
ave boen In tho explosion, and blown
20 hell Other witnesses were cited to
HHO" lillfaLS NiDbOU6 Hdu nule
against the DuPonts, and that the
prisoner, with others, WIS engaged
"a conspiracy to injure the firm and
,.ostrOy tHelr property.
lie reviewed the testimony of the
prisoners sister, AID claimed that she
mad failed in every way to prove an
abb. Philip Eosgherty, the ignorant
witness for he defenae, was handled
~ Mr. Davis without gloves, and his
testim oBy torn to pieces.
lie claimed that no dependence
could Le placed in his testimony. us
lie mas too Ignorant to even know
now old lte was, and that ho had not
SiFen the matter II thought, until af-
- Gibbons waS arrested.
Ho concluded his afgument by say
hat all tho threats aud circumstuntial
'yid eLcs tended 10 show that tha lire
t tho new haIn Was started by the ac-
tusod and no ono else. He therefore
asked for u verdict as in nunIer and
, orm indicted fs not only punish
n.ent TO the prisoner but as IA warning
others. Mr.. Davis closed at /
clock when court took Il recess Until
% o'clock.
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