Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1891-11-26

| tne man VINO struck him was william
| Wood.
Mr.. Smiths story was direct and to the
point, and he was sure of all his state
ments. THAT'S your opinion, is it, asked
Mr.. Carpenter relative to one of Mr..
| Smiths statements in REORGANIZATION.
mo, it is not my opinion" was the
prompt response, tits the fact
James Riley, Waterman at the Concord
| pike crossing of the b. q o. railroad, saw
Amos Tucker and another man whom he
| identified as Smith, passing his Matchbox
about a week before the burglary. The
morning of the burglary he saw Tucker
and Wood. The next morning he saw
Smith running up the road in the direction
| of the crossing. He asked him what was
the matter but Smith made no reply. Soon
after Tucker also came running by and he
asked him, whats the matter with your
partner" Tucker replied, "0h, nothing,
he's afraid he will be run in
] Thomas Alexander, special officer of the
Third precinct, Philadelphia said he knew
| Tucker, Wood and Smith. He saw these
three and another man standing together
at Sixth and cambridge streets. Phladel-
phia the morning before the robbery.
Detective Witsil testified that he went to
Philadelphia with requisition for Amos
Tucker, but the authorities there refused
to surrender him, as they had charge
against him. On this charge he was con-
vlcted and IL now in prison.
The State here rested, and Mr.. Carpenter,
in opening for the defence, said he would
depend largely upon showing the ridiculous
character of the statements made by the
witnesses for the State Also, that on the
night of the burglary Smith was in Phila-
delphia.
benjamin G. Smith of Philadelphia,
brother of Edward Smith, one of the
prisoners, testified to seeing his brother at
| tha lutt rtgb Ia In o
o'clock on Sunday morning, August I'd,
the morning after the robbery. The two
hours previous to this visit, the witness
testified, he spent at speak easy" Mr..
Smith said he was at the municipal court
when his brother had O hearing, but was
not allowed to testify.
On cross-examination the witness said
there were two other men at his brothers
house when he called there that Sunday
morning, but on being asked their names
begged to be excused from answering. He
said these two men declined to come to
Wilmington and testify because they knew
Special Officer Alexander of Philadelphia
brothers. house, he said he went to
another speak easy" at Fifth and South
streets.
Frank Mcllvenny, boy Is years of age,
step-son of Edward Smith, said he got
up between $50 and 0 O'Clock, on Sunday
morning August list, in order to go to
mass. When he got up his father was at
home, lying on a lounge down stairs
John Murphey, fisherman of Philadel-
phia, testified that he saw Edward Smith
at Gloucester on the evening of Saturday,
August LIST. about 10 o'clock, in company
with young woman whom he introduced
as Lizzie Ramsay. He had known Smith
about five years and was positive about
meeting him at Gloucester that night
DO n1E pal hA foot tt,an, flr he L..
fence. The State, in rebuttal, called
Detective Hatton, who said that at the
municipal court hearing, Benjaman
Smith, who said he was not permitted to
testify, made no attempt to appear as a
witness.
This closed the testimony and the
trial was adjourned over until Monday
Daniel McArieny the man who was ar
rested for selling liquor without license,
at the Wilmington fair (the man to whom
Joseph l.. Haywood sold out his restaurant
privilege) pleaded guilty to two charges.
He was fined $50 and costs in each case.
At 4.25 o'clock the jury in the case OF
Joseph Ludwig, on trial for receiving
stolen goods, who had been in consultation
since 10.45 o'clock, came into court and
announced their inability to agree upon q
verdict. They were discharged until
Monday morning. The jury stood ten for
conviction and two for acquittal, but the
two dissenters were obdurate and would
not change their views
Court adjourned untilI9 o'clock Saturday
morning.
When the grand jury came into court, a
few minutes after O'clock the foreman
had no indictments to present. The Jury
had been engaged during the afternoon in
considering the barn burning cases, but
the investigation was not concluded. They
l Atzah a rfO ID
morning.
At superior court Saturday the grand
Jury remained out from 10 a. m. to |. 20 u.
m. At the latter hour the jury returned
to the court room when foreman Joseph
p. Chandler handed bunch of indict-
ments to the clerk.
In the absence of Chief Justice Comegys
Judge Houston, after thanking the mem
bers of the grand jury for their long and
arduous duties, discharged them until the
ensuing February term.
Court was then adjourned to Monday
at 10 u. m.
THE INDICTMENTS.
The following true bills were found
Against William j. Gibbons for burning
du Pont barn on December 10Th, 1885;
against Edward, Mary and Joseph Clark
and W. j. Gibbons for conspiracy in the
burning of the du Pont barn known as
the ''old barn" against Edward, Mary
and Joseph Clark for conspiracy in the
burning of the barn known as the Keme-
Their barn; against Eugene du Pont Burns
for burning the Fleming barn January
2lst, 1890.
POLICY WRITERS INDICTED.
True bills were also returned against
Andrew j. Horsey, colored, and Edward j
Stroud, charged with policy writing.
Superior court was opened, Monday morn.
ing, as well as the oyer and terminer and
general sessions courts, and the trial list was
gone over. Of the 225 cases on the list IL
were marked for trial, 40 were continued,
Al passed for future consideration, four re-
ferred out of court, and ID marked settled
or discontinued.
Walter w. Blackburn, indicted for the
murder of Eddie Gardner, was brought
into court. His counsel, II. II. Ward,
stated that the case involved "a great deal
of work and he could not, in justice to his
client, get ready for trial at the present
term. He therefore asked for acontinuance
until the February term.
The encouragement interposed no OBJ
lection and the trial was set for the first
Wednesday of the February term.
The attorney-gen next called atten-
ton to the indictments for barn
burning and conspiracy against Ed
ward Mary and Joseph Clark, Viii
liam J., Gibbons and Eugene du p.
Burns, and asked for information as to
when the cases would be taken up. The
Clarks are represented by Austin Harring-
ton Gibbons by William 5. Hills and
Burns by IL. II. Ward. Mr.. Harrington
said counsel had agreed upon Monday,
December It'll. This date was accepted BY
the court.
Mr. Biggs said that Gibbons is under
$1,000 bail for the charge Of barn-burning
and also under peace bond of 5000 for
threatening to burn the du Pont barns.
He had. in addition, been indicted Jointly
| with tho Clnrks for cnnenirncN tn htIrn Tim