The Wilmington daily Republican., 1891-12-11
FOURTH EDITION
ALMOST OVER.

SHse SeItieu.
Court reconvened at 10 o'clock this
with Judges Houston and
Cullen on the Bench.
The jury in the case of Gibbons were
by Judge Cullen, who said in
rart:
The prisoner is indicted for the
burning OF barn, contrary TO an act
of the General Assembly. The crime,
il YOU consider it such, charges the ac-
cused with wilfully burning n barn be-
longing to the firm OF DuPont5. The
questions are, was the barn burned,
and was II done by the accused2
These are the questions that the jury
are called upon to decide. That the
barn was burned there can be no
doubt, and therefore the only ques-
tlon is, did the prisoner set fire to it
1T Is not alleged that the burning was
by an act of God therefore tho ques,
Ition is who set fire to it ? The prison.
Ter is indicted fot this crime, but 1t is
well-establishcd principle of law that
every man Is supposed TO be Innocent,
until he is proven guilty. In this case
ii Is charged that the prisoner is guilty,
on account of certain confessions
which II is alleged he made to dilfer-
lent persons at different times.
Still IL must be remembered that II
would be wrong for him to say that
no is guilty, II he was not The CON
lfcssion which IL Is alleged he made
would be a proof of crime. but the
question for the jury to determine Is
was this confession free and volun-
tary? 1t is claimed by the defense
that the words, which are called a
confession we're uttered by the accus-
ed when he WAS drunk, and II does
seem absurd that man i'll his right
mind should make such confession.
IL has also been claimed by the State
THAT he Is guilty. from the circum-
stuntiai evidence produced on the trial.
i 1t must however be remembered by
the jury, that all circumstantinl evil
.Idence must be taken with great deal
lof caution. II is contended by the de.
Ifense that at the time the barn was fired
1.-The prisoner was not there; in other
words, they attempt to prove an alibi. In
regard to this the testimony Is conflict
ling, and 1t will be the duty OF the jury ia
thoroughly consider the evidence, and
lsee il tho witnesses ON either side were
mistaken.
j The testimony of detectives should
always he given attentive consldera-
tion, for without them, there are many
cases where it would be impossible FOL
/, Justice to be done.
: AS far as any reward was concerned,
flit made no difference. and q decision
l to that effect was rendered In England
Sin 1850. II the jury believe the testi
'lmony offered by the State, they should
render verdict OF guilty, but II, OF
athe other hand. they believe that pro
fdueed by the defonse. or have rea.
sonabls doubt OF the guilt of the priso
ner, he is entitled to the benefit of 1t
and the verdict should be an acqulttal
fhe charge was completed, and the
. Jury retired at 1920 O'Clock. The gen
5 eral opinion seemed to be that the
charge was fair anu Impartial through
olout.
I Assoon as the jury retired Attorney
General Biggs called the attention 0l
tho court to the case of Edward Cul
) len, Mary Clark. Joseph Clark anC
William j. Gibbons, charged with con
spirecy in burning the DUPONT barns
Alr Harrington. who appears for tn,
Clarks, asked that the case be contin
Iued until Monday morning, wheI
there would be a full panel OF Jurors
Judge Cullen said he would have like,
, TO take tho casa up this afternoon, ant
lgo rs far as possible until IL o'cloc
Tomorrow. Mr.. Hllles who appear
HOT blDbOllot dibO OIpOaeN Lhhillb vi
case up at preBeut. and 1t was contin
lued.
A jury was then drawn to hear tn
disputed Bennett will case, in which
3, WAS agreed betUeenthe parties lntercs
ID I'D that an amioabls settlsInent shoul
" 10 msds. Tho Jury before whom tn
III case wac tried last week disagreed, an
es This course was adopted for finally dli
posing OF 1t without a neW trial.
} Several witnesses were examined b
1 Mr.. Nloids, and Mr.. Hliss, who al
tpeared FOR tho defendants, did not o
fer any objections. the jury, under Ii
Istructions of the Court, and Wlthol
leaving tho box, returned verdi,
that the will OF Hannah Bennett, gi
Ing her property TO Susanna Etl
ridge WAS her last will and testaman
While the jury was out Gibbons, VIII
VISA in The look spent the creator pal
Of the time IN talking and lsughin
with his sieter, who sat on the outstl
of the dock. 1t was matter of ga
dtal comment that although he WI
the moat Interested person present
seemed to DO the most unconc9rned.