Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1891-12-17

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Mr.. Davis alluded to the successive
llres that aroused the suspicious of the
du Points, and made it necessary to cs-
taolish strict guard and engage detec-
uVes to unearth the apparent con-
spiracy. He reminded the Jury that the
compensation of the detectives was not
conditional upon their success, but was
given them for their time and services,
regardless of results. There was no
money inducement, therefore, for the
success OF their Investigations, and their
testimony must be taken as that of
honest men, engaged in a proper and
worthy service.
Mr.. Davis ridiculod and dismissed as
unworthy OF consideration the intima-
ton that the barn caught fire from the
ashes that were wheeled away from the
greenhouse, and argued from the evil
uence to show that some one undoubt-
ediy set fire to the building. Gibbons
was seen about 5 o'clock that evening to
come up from Squirrel Run and go
through the stackyard. Shortly after 6
O'Clock the fire was noticed, and imme-
| diately thereafter Gibbons was seen by
Annie McClatferty standing at the side
| gate of the yard of Francis du Points
/ itSuoS. nuis. uu L Dilb dlSD saw MN IN
the yard, and was struck by his peculiar
| manner
1t was to cover up his tracks, Mr..
Davis contended, and to divert suspicion
from himself, that Gibbons worked at
the burning barn, with such q show of
purpose to suppress the flames. He
next alluded to Gibbons statemen ~
done it." made in the presence of several
trh G,. -.
ing, and claimed that no other construc-
ton coulc be placed upon this remark
than his confession that he had set fire
TO the barn. Still more convincing was
his statement to Edward Vaughn, at the
time Of the burning of the Fleming
barn. that II burned the new barn and
Burnes burned this one" What more
conclusive testimony could be desired.
Mr.. Davis quoted the various threats
against the du Points made by Gibbons,
IS proof of his hostility to the people
who had been his sincere friends and
for whom he should have entertained
feelings of gratitude instead of those of
hatred and malice. He said that six
confessions made at different times had
been proved upon Gibbons, to persons
living in the neighborhood Mr. Davis
| establish an alibi for Gibbons and held
that it had no effect whatever in dis
proving his guilt. He claimed that the
State had made out its case beyond
doubt and asked for o verdict of guilty.
Court adjourned until $50 o'clock
p. m.
With an eloquence that charmed the
listening hundreds who heard him, with
an intense carnestness that revealed his
deep interest in the case, and with
trenchant presentation of every point of
testimony that could weigh in turning
the scale in favor of the prisoner, Will
liam S. liilles addressed the iury in
general sessions court Thursday after
day afternoon, In behalf of William j.
Gibbons, charged with the burning of
one of the du Pont Company's barns,
1t was mastery effort, ranking among
the best that the courts in this county
have heard, despite the evidently I'M
favorable aspect of the case with which
he was dealing.
MIR. Hilles opened with a striking de-
lineation OF the characters presented by
this sensational drama. Nearly q cen
tury ago, he said, there came to this
country some members of n family who
had been highly distinguished in their
own land. They were philosophers in
an age of philosophy, students
in an age of letters,and politicians when
politics was science and an art. Here
they have gone onward in the path of
honor and success until their name has
become the envy of every man who
knows it. They have a reputation that
is without q stain, and great wealth ac-
uuirpI bV harl and honoet an.lan,,.,,
They think this man is guilty, and after
efforts aided by all their wealth, and all
their knowledge, they come here to ask
that this man be declared guilty as he
stands indicted.
And on the other side stands this man.
ii he is guilty, then, gentlemen, con
vict lin. And (turning to the COURT |
now say to your honors, if he is con-
victed punish him with the full penalty
of the law.
THE PROOF OF AN ALIBI.
Mr.. Hilles said the State, in its open
ing argument, Ind seen fit to sneer at
the defence of alibi, and class ii as n last |
desperate resort. But in IL case like |
this, what other or what better defence |
can there be than proof that the accused |
was not present at the time the crime |
was committed. Tho testimony of the
prisoners sister was conclusive as estab-
fishing the fact that he was home that
evening until shortly before the fire
and had been gone but five minutes
when the alarm of fire was gwen.
Philip Dougherty met HIM on the road
and together they saw the fire break out
Although this witness had been badly
'rattlcd" by the State, Mr.. Hillcs con
tended that his testimony was straight
and truthful, Notwithstanding he was
far from proving an intelligent witness.
He is an uneducated man, and he has
not sense enough to make up story.
Continuing, Mr., Hilles reviewed the
testimony of Thomas Sweeney, who
says Gibbons passed him on the road
and went through the side yard of the
du Pont house, and claimed that the
testimony of Annie AlcClaiferty and
Mrs. du Pont, who saw him so through
the yard, was corroborative of sweeney.
He next reviewed the circumstances of
the fire, and the manner in which Glib
bons worked to prevent the spread of
the flames, which he said was utterly
with the idea that lie
started the blaze.
AS TO "PAINTING THINGS RED"
With the evidence of the threats made
by Gibbons, Mr.. Hilles dealt at length.
AS to the threat of "painting things
red" he knew of people who "painted
things red without having any idea of
blood in view. Gibbons was drunk at
the time. AS to the threat to ''blow up
every mill in Hagley yard,n which
Edward Vaughn testified to, it is in
credible that Vaughn should have heard
such q remarlk and said nothing nhnnt il |