The Wilmington daily Republican., 1891-12-17
FOURTH EDITION
oLARK-GIBBoNs CONSPIRACY.

of Counsel Conspiracy
Detined and How Proved-Thomas
Davis, Esq, Speaks.
Court met at 10 o'clock n. IN.
Attorney General Biggs submitted
authorities to sustain propositions.
/. AS to time. The day laid in tho
Indictment is circumstance and form
only and not material, etc.
II. The gist OF conspiracy consists
in doing tho act, etc. It Is sulfi-
cient If two or more persons come TO
an agrecmcnt.
Mr.. Blugs asked the Court to in
Also that the conspiracy may be in
ferred from the facts.
III. In nearly all cases conspiracy
must be proved from circumstantial
evidence.
The existence of the conspiracy is a
factand may be proved like any other
fact, etc.
~. II the jury believe that there
was conspiracy to burn the old barn
whatever was said or done by either
defendant IL testimony against them
all.
Each person, who by word or act,
comes into conspiracy, adopts all
the acts OF all persons who are In it
and all acts which every person in 1t
may do or docs thereafter do.
Any person who assists tho cOnspira-
tors becomes one of them.
Concurrence of action on a ma
terial point is sufficient to show con.
currence of sentiment. The least de-
gree of collnsion makes the act OF one
the act of all.
Deputy Attorney General for tho
State. Thomas Davis, addressed the
jury.
The indictment lays misdemeanor,
the punishment OF which Is entirely
at the discretion of the court. You
are TO say whether there was con-
spiracy and whether the defendants
are parties to 1t. They are here be-
cause of their own deliberate. premedi-
tated acts from day to day, month to
month and year to year.
The DuPonts made the Brandywine
famous by their industry. Each night
what perils the day would bring forl h
to them from these ineendiares.
He defined conspiracy an1 how II
should be proved
The Clarks were sent from the Du-
Points premises for keeping disor
derby house. They planned an oath.
bound society, the Never Sweats," to
avenge their wrongs.
They eonsplred to burn the old barn
because they said the DuPonts espe
cially valued It on account of Henry
and their (DuPontsD heart blood wal
in It..
4 December 26, 1889, the new barn
was burned. October 7, 1890. the great
] In. nj "a
6, 1870, the SeltZer barn was burned
November H. 1890, ihe Mayne barn wal
burned.
All three of the letters were written
by the same hand. They prove So
cret society and conspiracy.
The anonymous letter was read. an
alyzed and discussed ut great length.
October IA, 1890, the DuPonts en-
gagged the Wilkinson Detective Agency
that they might find the criminals wilc
had destroyed SO much property anC
so many lives. and to prevent thes,
terrible threats of more destruction
(they had recelyed) from being execu
ted. Their conduct was right to pro
teet their own lives and property anr
the whole people as well.
The detectives accom- plished what
every other effort, and the offer OF re
wards amounting to 5000 had failed
to accomplish after very long perioC
OF time. The history OF the ,lolngs oi
detectives as shown by evidence pub
lished was narrated.
Mrs. Noble (Boughtono was never a
the Clarks until fifteen days after the
anonymous letter was written. Sh,
! could not have dictated it as tho de
fense tried to show.
Mrs Boughton-Noble had writ
ing school to get the Clarls hand
writing and also corresponded.
John Iraynor lived with the Clarks
eleven weeks.
The conduct and detailed testimony
OF all the detectives We're reviewed as
also the ecrroborative testimony oi
neighborS and DUPONT tenants.
Mrs. Clark told Mrs Noble that Wm
j. Gibbons was one of the braves
men she had ever met. He had made
the State tremble.
The defense have not offered any
testimony to show that these defend
ants are not the guilty persons as
proven.
Gibbons must have been very init
mate with the Clmks and for lonl
time.
The bail wac not excessive consider
ing the enormity OF the crime, Its rep
, etition. the threats and the danger t,
lille and property.
III crime is to go UNPUBLISHED, sad b
the day for the slfety of tho lives AMI
property Of the people.
Mr.. Davis closed at 1.20 o'clock hay
ing spoken q hours.
Austin harrington, attorney for th
defendant Clarks, addressed the Jury
The bail was on two charges and $45
900. 1t WAS so excessive that the dc
: PENDANTS had to be locked up and hav
| had no opportunity to make out thei
, defense. They are poor and the Dt
Points rich.
The detectives were we'll paid. The,
, had to report to the agency daily n
report meant no pay. Nearly all TIL
witnesses testified that they were en-
ployed by the Duponts. / found, b
visits to the Banks" that IL was n
t most impossible To get any wltnesse
Y i'll favor OF the Cldlks, who were locke
3 up.
These hounds of detective forei gnel
came here at eight dollars per ANY.
Clark left the employment OF I'll
/ DuPonts of his own accord and uot b
. any discharge.
5 He came 10 this city to live and e,
It employment at jackson x Sharp,s.
n The detectives got In with them on
S made reports to their Agency to max
eight dollars a day.
There Is no evidence of animosit
+. in the defendants.
3 Mr. Eugene DUPONT testified that L
:, had only hoard that the Clarks kept
4 disorderly house on his farm.
~ The Kamether - Clark moyin
i from lila NynG n tpplt nnnn nf