Evening journal. [volume] (Wilmington, Del.) 1888-1932, 1891-12-18
o'clock. Mrs Clark sobbed violently
during the latter part Of it.
JrrpeR curIEN's tuARGF.

JUDGE cULLENs CHARGE.
Judge Cullen charged the jury as fol
lows.
In the first place 1t Is necessary Ia
show an unlawful combination In the
second place we're the parties charged Il
this Indictment the parties to this un,
lawful combination. II IL necessary for
the state to prove this beyond q
reasonable doubt. To establish this IN
lawful mbination it is necessary 10
show that two or more persons were
parties to it. That there was contri-
button on the part Of these persons to do
an unlawful act. 1t is mere mat
ter of testimony without contradiction.
| These facts and this evidence must 20
before you and it is for you to decide
whether these persons are guilty as
charged in the indictment Does the
evidence disclose e conspiracy. 1t
Is necessary that the evidence, testimony
and circumstances should show It beyond
a reasonable doubt. 1t may be shown by
positive evidence, circumstantial evf
dence or by declarations Of persons who
were parties to It, AS general thing in
matters of this nature it Is not
often that positive evidence can be given.
and the law has therefore made it posi-
BILE to bring In c'rcnmstantial
evidence. If the fact is shown
BY such evidence, then the
charg is proved You must take the
whole evidence and consider it and de-
termine whether there was conspiracy
There is letter, 1t speaks for itself.
The differences that have been done from
the letter you must consider
III this conspiracy Is proven, then the
question comes up as to whether the par.
ties charged are guilty Of the offense. It
is for you to say whether it is sufficient
to satisfy you beyond a reasonable doubt
that they are guilty Of conspiracy.
This court knows no law that a man
and his wife, because they are regard ed
as one in the eyes of the law, cannot be
Jointly convicted of a crime for which
they have been found guilty There are
cases where the wife Is under the
influence Of the husband, but there
has been no evidence of this kind In this
case. 1t was matter of defence. but
there Is no defence OF that kind II
they were both together engaged In this
crime they are alike guilty
we have been asked to say something
to you in relation 10 the charge against
one of these parties--Mr. Gibbons. Ii
there is not sufficient proof to connect
him with these conspirators you may
acquit him, or any other of the defend
ants whom you do not deem to be guilty.
But. if you are satisfied from the evil
dence that she defendants are guilty of
entering into combination, your YER
dict should be one of guilty. III
there is reasonable doubt. YOU
should give them the benefit of that
doubt and acquit them, or you can acquit
any should you fed verdict Of not
guilty as to thst one.
THE JURY GOES OUT.
At exactly 70 o'clock BY the court room
clock the jury retired to the upper cham.
Der.
TRYING TO GET BUAEs CARRIED OVER.
While the jury was ont. 81. Il. Ward.
counsel for Eugene DUPONT Burns.
made a motion for a continuance until
the February term
BE presented an affidavit Of reasons
sworn to BY Burns The reasons as
signed were: THAT two material wit
nesses reside without the State of Della
ware, aud at least one Of them cannot be
brought here during this session. That
the defendant has tried to get them TO
come here during the present term, but
was unsuccessful.
VERDICT or GUILTY.
At 70 20 o'clock, after celebrating
Just twenty-five minutes, the jury FLED
into the court room. The faces Of All
the defendants became very pale, and
Mrs. Clark began TO sob A hush per-
vaded the court room
~
Clerk Biggs polled the jury and asked
Gentlemen Of the jury, have you ar
rived at d verd ct?" 1--WE have.
Who shall answer for your "Our
foreman"
"What say you, Mr. Foreman, do YOU
find the defendants, Edward Clark. Mary
Clark, Joseph Clark and William Glib |
bons guilty in the manner aud form as
they stand indicted, or not guiIty2"
Foreman Valentine-"Guilty."
And so say you alp $50 say we
INSTANTLY there was hubbub. The
court discharged the jury until Monday |
morning at 10o'clock.
Harrington-'I it please your honors |
make motion for new trial and will |
ile my reasons in few days"
After formally making the motion for |
continuance Ward took his seat.
Judge Cullen kindly shook his cad |
varningly and Ward sat down,
His honor then informed Mr. /
Ward that there was a difference o.
opinion on the bench aud the application |
would be held under advisement.
CLARK SUPPORTED HIS WIFE.
AS the crowd dispersed the tipstaves
conducted the prisoners from the room
% the cells below. The men were very
pale. Clark had his arms around Mrs. L
Clark, who was crying and sobbing
rs If her heart would break.
There we're bat few expressions of pity
for them. Court adjourned until 80
,'clock
70 CONSULT THE cHIEF JUSTICE.