Evening journal., 1891-12-16

is sufficient They must find whether
any of the four parties were parties to
the argument.
eve have authority TO show that we
are not confined to timh. 1t can be any
time prior to the finding Of the indict.
ment
The gist issthe conspiracy to burn
the old barn. 1t can be by positive or
circumstantial evidence. II the Jury is
convinced that William Gibbons be-
came party to the conspiracy, it matters
not when he became party TO it. The
act of one Is the act OF all. The jury
must be of the opinion that there was a
conspiracy and that Gibbons was party
to it.
'Here is the evidence Of Mrs. Noble,
Thomas Il, Lynch. Dove-tail into It the
statements Of the Clarks that Burns and
Gibbons did go to the barn to burn it and
got drink Of water as an excuse. There
Is the strongest kind of evidence against
William J. Gibbons. | ask you to leave
1t to the jury
Hilles-"My learned friend did not
catch my point.
Judge Houstoz-"We do not want any
quibbles
Hilles-''I want to discuss IL on broad
principles of law as to whether there was
any evidence to connect Gibbons with
this crime.
Judge Houston-"It must be left to the
jury i Is very strange request to
make Of the court
Hilles-''It is a request that has been
made BY many lawyers much ADLER than
myself"
Judge Houston-"Not often.
Judge Cullen-"Where there is no
proof it is a matter for the court. but
where there is any proof 1t is for the jury
to decide,
Hilles-'I submit to your honors.
HARRINGTON BEFORE THE JURY.
In opening the case for the Olarks, ex-
Mayor Harrington said;
You have been very patient and the
court has been patient also.
This testimony Is the testimony Of
paid msn whom we will discuss
when we come to argue before you.
There is no other .corroborative
testimony by any other person. My
friend Hilles called them bloodhounds. /
ay beware. If I.give man Of the de-
tectivs service sufficient money he could
hang you. This paid testimony
shonld not be accepted by you to
put family in prison l will tell you Of
8 damnahle plot When there were re-
wards offered one Of the best detective
agencies gave 1t up.
Then this other agency came here A
woman who kissed the children, and
went into the family simply to betray
them The set OF hounds that have
come here would put these persons in
prison for years. will try to
show that that anonymous letter was
written by Joe Clark. aud dictated by
Mrs Noble, who subsequently placed
it in William DuPonts letter box and
who said that she would give $15 to see
a DUPONT barn burned, / will show the
conduct of this woman and Traynor at
the Clark home,
NO WITNESSES FOR GIBBONS.
Mr. Hilles told the court and jury that
no witnesses would be called for William
J. Gibbons
FIRST WITNESS EOR THE DEFENSE.
The first witness called the defense
was Vincent Clark, 10 years old, son Of
Edward and Mary Clark, he testified
as follows:
Mrs. Noble came to our house about
year ago. learned that her name was
Noble from the papers. She said
that her name was Boughton
Mrs. Noble would get Joseph
to write. 1t was her habit to kiss us all
every time we went away. She came
nearly every evening and talked about
the Dupont fires
"The day of the arrest when / came
back from Laws'to Columbus Inn asked
Lynch where my father, mother and
brother were. He refused TO tell me,
and made me carry things for him. He
said for Sam and l TO keep quiet
and say nothing about the arrest and IL
would be better for us He took me In
the kitchen and gave,me money, Joe did
nearly all the work that was done at the
inn
Before the direct examination was
concluded court adjourned until 2 30
o'clock