Evening journal., 1892-05-23
RuRNs. cAsE coNTINuEo.


A Material state Witness is Absent Hig-
gins and Bird Argue ON Hysorc Matters.
There were but few visitors in the
court room this morning. despite the fact
that it was generally understood that the
case Of the State vs. Eugene Dupont
Burns. for barn burning was 20 be
called
The judges did not take their seats
until 1908 o'clock
The first business before the court was
argument IN the civil suit case of Hysore
& Son VS.. Isaac r. Quigley, Levi G. Bird
for the plaintiffs and Senator
Anthony Higgins for the delcnd
ent- The argument was TO decide
whether or not the ease should Doe econ
tinued. Mr. Bird demanded trial The
defence wanted continuance on tine
ground that material witness is alb
sent.
Isaac T. Quiglcy was sworn Tie testi.
fed that Benjamin Croft a former en-
ploye and material witness Is I'm Kent
county. Md, beyond the jurisdiction of
the court.
Mr. Bird cross examined him at length
and asked
"What do YOU expect him TO tesiilyf'
~ viii let you know when the case
comes 60 trial. the witness replied.
"Yes. said Mr. Bird "ond you VIII LET
me know before
Higgins-"l don't think this is the
time or place to learn the testimony to be
produced ia the trial
Mr. Bird-"This is n third term case
/ We gave Eve weeks notice that the ease
/ wonld be- pushed for trial at this term.
/ f nd N.... .N
| in trying TO get this witness. 10 is mo-
/ ground. claim that the court is en-
| titled to know what he expects 20 prov
/ by him.
/ Senator Higgins said that Mr. Bird bad
] slept over two terms and had suddenly
walked up lie had not exercised thc
same eagemess i'm September or Noyemi
| bor
The court ruled that Mr. Quigley mus
/ tell what hc expected 90 prove.
lie said that he expected 90 prove 10y
him that the machine was ruined through
the fault of Hysore q Son who guarnn
teed to- furnish % machine to take ih,
water ont of hair.
"And the lime. tooY asked Mr.. Bird
"No. only the water
Bird-"rhon ask for trial this term.
The bench reserved its decision until
this afternoon.
nurns Case Continued.
Attorney. General Nicholson called ul
the case of the State VS. Eugene Dupont
Burns for Burning the Kmclher barn
belonging 20 b. l. DUPONT dc Ncmours a
Co. He said.
cat the beginning of the term ] was
obliged TO make statement That ma
torinl state witnesses I'm this case wcr'
absent and without the jurisdiction
of the court. hoped IN thI
interval that 9they might be oh
tanned They are not here to-day, an'
! ann now-obligcd Go ask for continuance
until next tcrm The case has been CON
tinucd for two terms upon application %
the dcfendent The state now finds it
self i'm tho same position
Mr. Ward council for Burns said; t
ann ready for tral and hoped the cas-
would be tried at this tom While
cannot urge any objections, under Oh
circumstances. wish TO place myself ol
record against the continuance and hav
10 left entirelyto the court
The material witness absent is Jimm
Moore. the man who claims that Burn
confessed the crime to him. just VIII
. ] the Wilkinson detectives 90 NOT nav
him i'm leading strings as heretofore
, not known. but by some the action is D.,
gardcd as a practical noile pros.
The continuance was granted the bai
bond was renewed and the witnesses wor
discharged.
Want TO sell Pning.
J II. II. Ward. counsel for Sheriff Sin
! mons petitioned the court to alIo'
/ him TO sell 1880 feet of pilins
, valued at Sl 500, property of the Wempl
Lumber Company of Virginia whic
a property he seized under a foreign attacl
a mcnt at the suit of James p. Simpson
n Co.. who recovered Judgment In Che sul
a of 81. .061. 49, The applcationwas granted
4 The fine of Councilman Peter A. Fagal
y a dcrelict witness. was remitted.
Mr. Bird asked that the court see TIA
e the exception noted in the Cook case
! properly placed ON the record, as he va
4 absent at the time
n Court then adjourned until o.
a o'clock this afternoon. when ana clio
N viii be made by Lewis G.. Nmdegrift
le bring TO trial the case of Hcaley VS. a
Wilmington Citv Railway CompanV.