The sun., 1891-06-28
GIBSON MAY NOT BE TRIED.
INDICTMENTS AGAINST THE WHTsKEY
TRUST SECRETARY 0UAsHED.

the state-The Illinois Dynamite Ac,
Also Ruled Against by tho Court-Ons
Other Charge Against tho Defendant
which IN 60 be Considered.
CHICAGO. June 27.-JudRe Collins heard argu.
mont to-day OF motion TO auash the indict-
ments against George j. Gibson. ex-secretary
of the Whiskey Trust. accused of attempting
TO destroy the Shufeldt distillery last winter.
At that time the dis:ilsry was not under the
trusts control Mr.. Gibson and his attorneys
have reason to be pretty well satisfied with the
results OF to-day's proceedings Although II is
not yet settled. 1t is probable that no trial will
take place.
The ex-Secretary. accompanied by his coun-
eel, Messrs. John s. Runnels and William
BURY. " ere In the court room before Judge
Collins took his seat Agent summerville had
on his knees box Of leather containing the
machine which. It ID alleged. WAS given by Mr..
Gibson to Government Gauger Dswar to place
under the tank in the shufeldt distillery and
to be touched or"
Of his argument, had Agent Summerviles g
mysterious parcel undone. and the machine
was placed on the broad rail- near the Judges s
chair.
Nearly everybody In the room pushed for
ward to get look at tho contrlvance. Mr..
Gibson left his seat apd was rs eager rs any OF
the others to get o look at the little tin box
and It's contents, consisting Of loaded section
OF gun barrel. come oakum and fuse.
Then Mr.. SumnSrvllle pulled from an
inside pocket q long bottle containing q white
liquid. 1t Is charged that the defendat intend
ed to give this to Dswar to pour on the oakum
In the can and explode the machine.
The liquid 10 tho bottle was o compound OF
nd nh ~
Pour little Of that on piece Of paper. -
said Mr.. Longenecker to the revenue agent.
Have some wa or ready" replied Mr.. Sum-
mervtlle as he began to. uncork the bottle.
The water was not brought in time. the cork
began to blaze. and 30 did the piece OF paper
on the rail.
summerville's trembling hand had spilled a
portion OF the LIQUID on the paper. The
spectators scattered. and Judge Collins moved
aside. Summervlle kept his bold on the bot.
tie. and rushed to tho water cooler Here he
extinguished the fire.
The burning paper soon became ashes and
after they had been brushed away arguments
were resumed
dictmsnts against Mr.. Gibson. One had been
drawn under the dynamite act and one under
the conspiracy law.
The fourth was an omnibus Indictment GOV.
er'ng the oth-r three. Mr.. BURY gave a his
tory OF the case and then begnn an attack on
the indictment under the dynamite act.
This prohibits tho manufacture. having DOS
session. or bringing into the State Of dynamite
or other explosive compounds" Then Mr..
BURY took up the indictment charging an at
tempt tn burn. shatter. or destroy the Shu-
feldt distilery.
He said that to convict person OF An attempt
to commit a crime evit intent and an overt act
must be proved 'ss-'gtfstS--ss r-T
He quoted authorities to show that soliciting
person to commit crime was not An
offence against the law. No crime had been
committed. Dewar had not attempted to COM
NIT one; be had simply told tale against Glib.
son. and detective story followed
Mr.. Bury was well started on An argument
Was interrupted y Nj Loneenscisr who said:
asnss = ss:ss;Rlsaoy: ana that ndiet%.n;
.ofnaS S5s bsn wss %uh sddss f Ths bs S
his a,tsntlon e the fact thai the e"nstitutiSn
sunpewdsr va. ei little use. why Shouldn't a
to Say. sanrowd:r In his % possession9 ste''0n''
Mr.. Lonvsnseker said he had not studied
snst feature Of tho cas-; However The STATE
did not want to punish the defend ant for having
had Runpowder In his possession. but for having
procured 1t for the purpose OF committing a
erime. AS to the attempt to commit 0 crime
Mr. LonRenecker argued that the overt act
oopsisted in the delivering OF the machine
to Dewar.
al houah Dewar was acting honestly and re.
ported everything o tho Government. had not
tho defendant done ell that he could
DO to bring about the sIplosion? Wouldn't
sspiosion W 1S Of tie % machine? i"' n"u 'auSe' 'ne
Mr.. Runnella said the court ought to put it.
sell In the position OF the Legislature when it
passed The phenomsnally stringent dynamite
time should bs considered.
Tho law was directed against explosives
generally employed BY, q certain class
ssnta,sonistic sI,a.,hA to general soolety. II tIe
eunpoYd.r in the iiss Of prohibiisd
slss. # 0nS wGSd have don. 81
itseif. Mr.. Runneils also argued o against e the
attempt Indictment. following the same line
Judge Collins said that. while the ealo
ana handling. Of gunpowder may be re.
stricted In the, Slate, he did not think
that under tho National. Constitution
the indictment under Tho dynamite
act could hold. It would be qunshed. Only
one question .remained-was tue ds,snd-
ant guilty OF an attempt to commit q
az ssa sx.St
was working against him2 The Court would
take the matter under advlssment until Tues
day morning at ~ O'clock