Evening journal. [volume] (Wilmington, Del.) 1888-1932, 1891-12-11
PontY Was it burned wilfully and ma.

VII III ana malicious burning OF this
property. II is not denied The simple
question you are to decide is. is the
prisoner the man who did IL. Every man
is presumed 70 be innocent Is this
proof sufficient to satisfy you that this
man Is guiltyG
"As far as confessions are concerned,
they are the strongest kind of pro Of II
they are given in the way recognized by
law. No innocent man in HIS senses
would say that which would injure him
But when a man makes a voluntary con.
fession 1t is as conclusive as what lie
known as direct testimony.
"If man makes voluntary confes.
sion without being led to IL by threats,
1t is the most conclusive testimony
1T would be necessary for the prls.
oner 10 show that he was not in a proper
condition of mind TO know what he was
doing
1.-THE law allows that crime is secret
in its nature The inoendlary does not
call anyone to him when he sets build
ing on fire, The law allows that in the
necessity of the case that much Of the
evidence must be circumstantial in It's
character We say that this
matter of circUmstantial evidence you
must take into your fullest con.
sideraton. AS to what the party did
said aud where he went must also be
taken into consideration You must as
yourselves are they Immediately con
nected with this case to justify you IN
deciding that this party burned the
barn.
ut is eontended on the other eide that
he is not guilty, on the ground that he
was not there. Now. we will say 10 you
that an alibi, which shows that he could
not have committed this crime, is a
strong defence. But the proof OF this
must be satisfactory. The defence has
two witnesses. You recollect what their
testimony was. You must say which
testimony was correct. You are to con
slider what we're the opportunities
OF the witnesses for knowing. You have
right to take into consideration these
matters IS to whether they might have
been mistaken.
"You must take into consideration
that all these witnesses cannot have been
mistaken II YOU are satisfied that this
man was not there that he did not leave
the house until four or Eve minutes be-
fore the FIRE, he should not be found
guilty
Something has been said here about
expert detective evidence, end think IL
necessary to call attention to the jury TO
It. This expert testimony is right L.
has been laid down rs law In England
aud in this country, and l will read to
You what that law is As far
back as 1850 a reward was offered 10
England for the apprehension OF rioters
The twelve judges unanimously agreed
that the testimony Of the detectives who
ferreted out the rioters was admissible
Il would be against public policy not to
be SO.
with regard to rewards offered by
private individuals, the public has an IL
terest upon public grounds In teRtlmonv
produced by private individuals Offering
rewards.
"We say to you, then, taking these
facts into consideration. that II you be-
lieve, beyond a reasonable doubt, that
this prisoner is guilty, according to the
manner and form as he stands indicted
he should be convicted On the other
hand, II there is dou bt. your verdict
should be one Of acquittal
At 1925 o'clock the Jury retired TO the
room.
TRIUMPH FOR MRS ETHERIDGE
The Bennett will case was brought
before the court by Mr.. Nields.
Nields-"if II plegses yonr honors, /
you are not going on with this case,
have case / would like to have Defor,
The Superior Court. /. Is the Bennett viii
case. II the court will allow me ffteer
or twenty minutes | can dispose Of IT,
Bggs-"I don't know about that II
that jury should come In here In fv,
minutes, we would be able TO 20 righi
on"
Nields-"Five minutes"
I Biggs-"My friend has got down Il
five minutes, now. know that lawyers
minutes are very uncertain
The court gave Mr. Nields the time h
asked. Prothonotary Horty took Clerh
% the Peace Biggs's place. A jury wa
drawn. Young Choate was not In 1t
Messrs. Nlelds and Hilles told the jurl
that there was no objection to the last
will giving everything to Mrs. Susanna
Etherii ge being probated.
Harry Em mons testified to drawing
the will. and J. c. Buckingham AM
Michael Malloy testified to witnessing It
and that Hannah Bennett was Of souni
and disposing mind when she sigued It,
In less than Eve minutes the fur,
remedied the stupidity OF young Choate
and neither he. Fisher nor the Pyles wer
In 10. It is understood that the case ha
been settled by compromise.
GIBBONS LOOKED gNocEcEBNED
While the jury in the barn burning
case was out no man in the court room
looked more uncOncerned than William
J. Gibbons, the prisoner He smiled oc
casionally when spoken to by friends, o
by his sister, who sat lust outside tn
box.
A VERDICT OF GUILTY.
At 10 O5 o'clock the jury filed into Oh
court room, and the clerk called owe
their names.
Clerk Gentlemen Of the jury
have You agreed upon a verdict7'
1--WE have
WHO shall answer for your
Our foreman
"What say you, Mr.. Foreman; do yol
! guilty In the manner and form as h
/ stands indicted, or not guilty"
There was a hush over the entire cour
room Gibbons, who slightly paler, RnC
his sister leaned forward eagerly Johi
Lockermsn arose and in voice so loV
that it could scarcely be heard as far =
the reporters table, said:
Guilty
THE VERDICT WAS A SURPRISE
The expressions upon the faces 10 the
court room when the verdict was re
surprise. A disagreement was locke
! / =. 4 Al L