The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1892-02-08
FIFTH EDITION.
LAWYERS ARGUE.

Tho Trial OF walter w. Blackburn,
The Alleged Murderer OF Edward II.
Gardner.
The Attorney. General addressed the
Court OH law points in the blackburn
trial upon the opening Of the Court OF
Oyer and Terminer at 1918 o'clock
this morning. lie held thu. inc hoh.
Sf%n SS the y:s nrd ~ i R SR
i victor b. Wooley then addressed the
jury on the evidence. He found
eight discrepancy in the statements OF
| Backburn's father and step-grand-
mother. He construed Blackburn's
condnot 10 no evidences of guilt and
not OF love for the deceased.
He snid to Eddle's mother, % he
handed tho corpse out OF the car to her<
don't cry know who did IT, Wht
accused repeatedly he did not deny it.
except two hours afterward no said
do YOU think l did 1t, you must
| think I'm crazy" q
Elizabeth Andcrson's testimony waS
shat cred. My learned friend has
made very severe attack upon Eella I.
Scott. He has said: ''She is delib-
erately and in cold blood, swearing
away the life Of the prisoner"
He further argued that Bella Scott
testified reluctantly as to Identifying
Of my knowledge, that l(the man."
The alibi had one OF two points .of
weakness. There was space OF haik>
an hour not accounted for. There
was conflict between Kinks testi-
mony and others. Baton and Me-
Hugh lett the prisoner with Kirk near
. O'Clock on the ball night.
Kirk allows he was with him to 10
and perhaps later. From 1880 to 10.45
Is not accounted, and that Is Just the
time Bella Scott saw man with boy
on his shoulders at tho railroad.
That prisoner performed acts no in
noccnt man could do. Ho possessed
guilty knowledge.
At il o'clock ii. H. Ward, ESQ.,, began
] his address ON law points to the Court,
on which he agreed very we'll with
what tho Attorney-General had laid
down MS the law.
! II there was actually no denial OF
, the murder by Blackburn at any time,
either directly or Indirectly, when ac-
, cused, that was slight circumstance
! but not sufficient of itself to determine
5 guilt.
/ There ia positively no motive to
murder In this case. But on the con-
trary the strongest proof OF love and
affection of Blackburn for Eddie
In order to convict the prisoner, the
, Jury must DO satisfied that every link
In tho chain of evidence has been prov
. en- beyond reasonable doubt.
WARD TO THE JURY.
: Your mind must be- made up rs the
= trial has been so long. / do not repre-
sent the prisoner as paid counsel.
n was appointed by the court and am
paid by the State to perform this duty
= of his defence.
Tho case made by the State Ia not
of direct proof. Nobody saw any d.
IS rect act. Nobody saw this boy killed.
y The defendant has accounted for his
whereabouts for over 30 hours.
Where prisoner Is charged by cir
y cumstantial evidence there must be
q the strongest and best connected
" proof, and not a fact inconsistent with
his guilt. III there is one fact proved
Q that Is inconsistent with his guilt you
= are bound to bring him in Innocent,
You cannot hang man on inference.
; There must be conclusive evidepcss
. All the testimony that can be hRr-
monlzed together you must harrnon1
ize.
Much of the evidence produced by
IL the State | would have produced In
4. defense had they omitted 1t. The evi-
dence taken as whole cannot be re-
conclled with his Innocence. 1t really
proves Walter W. Blackburn Is n?t
guilty.
It Is not in issue who killed the boy.
The question is did Walter w. Black
bum do it ? lie had no motive. Then
r. was no malice, while love is proven.
Y There is a conflict between Mr.. and
Mrs. Gardeners testimony. One said
he had been forbidden the Gardner
house and tho other said not The
BlackbuAS' testimony conflicts with
10 Mrs. Gardeners for he was living at his
fathers house during over two months
: before the 14th of october.
Walters conduct all Wednesday ant.
d Thursday was consistent with his In
nocehce.
When he found the dead body he
was overcome with grief.
. THE DREAM.
Il The philosophy OF dreams was dwell
upon at great length. The love Wal
ter bore for Eddie acted upon hii
Q mind 50 he was mentally disturbed
when the key was lost and dreamed
The family have peculiar faith In
dreams.
Mr.. Ward desired to read, as an IL
no lustratlon, passage from e. scientific
I'D book published by ID. Appleton & Co
er Attorney Biggs objected. 1t had never
n1 been done ID this State. 1t might BIZ
n. the opinion of fanatic on dreams.
oil Mr.. Ward said he did not want tc
~, read it as an authority but to explain
~, Houston thought, as 1t was objected
~ to, 1t ought not to be read. Mr.. WARD
nd was allowed to state from memory
ell what he knew on tho philosophy o.
ng dreams.
re- Often what one Is thinking about
when awake will occasion dreams
. Sometime waking thoughts will merg,
in dream Thoughts. Walter dreamed
simply that he saw blood on the rail
road track. There Is nothing NOR,
ly natural than that dream, He did no
ne dream something that was true, bu.
All something that led to the discovery
. Poor old Tom lIinsley testified tc
facts actually immaterial simply n
nj shield his son from suspicion and W
Ill contrallcted by other witnesses. IL
ng had nothing to do with the case. MI
70 Kegney is in the cnse.
MT Mr.. Ward narrated the testimony Il
~. detNl. He gave in detail also tn
los alibi from beginning to end.
err. Lawrence Mckegney's testimon,
8 does not conflict with the testimon
-. of Mr. Blackburn the father, and tina
IN OF the step grandmother.
Ii Walter was not asleep between
and 4.2O, where was her
F., Tho testimony concerning the routei
III travelled, the persons met, the CONVEX
{ satiQns, the cars and their location an,
- the finding of the bodyctc., wdfe mai
rated and explained by the chart wit
great detail.
-, Walter Is human. Had he been
W. low | 4 H.. I'll