Evening journal., 1891-12-10

dllies- OBJECT. 1hhb has al peer
gone into. I"
Biggs-'I don't understand it, and
don't believe that all the members Of tn,
jury understand 1t.
The court sustained the objection
The state then closed its case.
ARGUMENT FOR THE STATE.
Mr.. Biggs began argument by calling
the attention Of the court to authorities
on eircumstantial evidences. Be said:
1.-THE state can leave out the prisoner
| damaging confessions and convict him
upon circumstantial evidence.
while we are not contendiRg that Tho
case rests on the eircumstautlai evldens,
we give il to your hanors In order that
you may charge the jury Of It's imper
tenss. Bic confession to four different
msn are sufficient to convict him"
DAVIS ADDRESSES THH jury.
Deputy Attorney General Davis, ad
drsssing the Jury. said:
fou stand between this man and the
people. Your duty is an unpleasant one
It is for you to say whether hs
Ia the guilty man or not.
hold no bad will towards the man.
never knew that there Was such q man
uatii he WAS arrested 1t is case hard
to prove, as there are no stolen goods to
Identify or trace him.
We are driven TO pick up circum.
stances and threats for evidence bad
he set Gre to Mr.. DuPonts house, IN
stesd ef ths barn. which is ninety thres
feet away he would nov be on trial for
his life.
FnI 4 ~
Lynch that II Burns had fsld anything
he had violated his oath. What pro.
lection does the pnblic have against
sush oath bound gangs as this
The DuPonts secame suspicious They
set detectives to work and watchmen
were placed on the other barns. My
learned friend may seek to preiudioe
your mind against detective evidence
because they will not get a reward
unlesss there is conviction. But such ia
not the case. They got their pay from
time to time and their reward did not
depend upon the outcome OF the trial.
Let us see how he entered the barn
He might have gone underneath and fred
10 In the funnel. or he might have gone
up around this way, opened the funnel
and fred If there. II makes no diffs--
ence.
g4"That evening at o'clock he was
seen to come up from Squirrel Ran and
60 into the stock yard The fire broke
ont about 9 o'clock. Where was Glbbcnsi
Running TO the hrcl Oh. no. When Annie
AcClsfferty ran out Of the house she saw
Gibbons standing still and alsne by the
side gate. he told her that tbsy had
better get this thisgs out. When Mr..
Dupont came out Of the house she met
hin walking up the patti, she was struck
by his manner.
1T waa to cover up his tracks that he
WAS there throHiDg water Nothing
would be more natural He walked
while every other man ran.
:. When HortY gos to the barn be told
you 1t was not more than 6.15 o'clock.
The flames we're then such that they
could almost have been put out with i
bucket Of water.
Next we hear Joha Lowdther's testi-
mony relating to his barn not being
burned, that Gibbons said he would not
be touched. How could he make such
promise. Next Gibbons tells 4
dozen of shocked persons that
] dpne this, Ny learned friend can put
no other construction upon the phrsze
ether than i fred It They were talking
about the FIRE After he purchased the
liquor he again told John Dennison L
done It..
''Ag-in at tie burning Of tho Fls1sfns .
barn, Edward Bane tells you that Glib
bons came up and unbosomed his heart.
and told that I burned the New barn
and BUrris burnt this one" What
more can you want gentlemen, when be
tells his ehum soch thing That is not
all. He tells Bans that be
would make it hot for the
DuPonts and would make things
red. BE said that he told Ramsey
and Dougherty, My learned friend dare
not attack their testimony for 1t would
have thrown open the whole truth in the
ease
Next we have jimmy Moore. He
sought the protection Of the state He
was afraid Of being led off or suffering
violence. and was taken
70 New York. There BE
was cared for He has told you that
Gibbons told him how and where he fred
the barn. He showed not only
that he fred the barn, but also his venom
Ia the matter. The devil was in his
heart and up to two months ago he made
threats against those who had done so
much for him. There is no telling
where 1t wOnld have stopped. Think Of
the deprAved mind that could cause such
words as he expressed against the Du-
Points on the day OF the explosion. That
the DuPonts should be In HI, etc.
How can you get away from such
evidence as this. We have all
these six confessions all at diff
ferent times that he burned
that barn. 1t was SO preying upon his
mind that he told It, and said, Now,
tell il, IL you want to