The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1892-01-21
Tho superior Court Meet..

The adjourned session OF the No.
vember court met to-day, at 1915 a.
m. Judges Houston. Grubb and Gull
len opened the court OF general SEES.
sions, the Superior Court OF New Cas-.
tie County, and the court OF Oyer and
Terminer.
The three panels of Jurors were
called by name. There were four alb
sent, viz: Henry Kendall. Charles l..
McCarty, also Thomas Clayton and
Weldin Nining, who were excused.
There was a good attendance of at
torneys.
In State vs.. Eugene DUPONT Burns,
Attorney General Biggs had the same
sureties renew their security as the
court had decided to continue that
case until the February term.
The Court gave Austin harrington,
ESQ, until II. 40 a. IN, to-day to argue
his motion for n new trial in the Clark
Gibbons Conspiracy case because MIR.
II. had anticipated tho Carr murder
case would have been argued first this
morning.
In the interim some minor business
was transacted, including the foreign
attachment case OF Norman Il, Amos
VS.. Thomas Is. Townsend for a total
amount, including interest Of 5952 81,
Lewis Z. Nandegrlft being Mr. Ames'
attorney, Tho jury gave verdict
for the amount. The defendant did
not put in an appearance ut court.
Tho Clark couspirators and Vim. j.
Gibbons wero then brought into court
and Mr.. Harrington argued ut length
his reasons for moving q now trial for
them, viz:
l. That the verdict was against the
law.
.. That tho verdict was against the
testimony
5, That the Court erred in admitting
an anonymous letter the same no
Ina yiug Ueen proved by proper tcsti
mOuy.
Mr.. Harrington argued that the wife
! Mary Clark was not responsible fO
her conspiracy acts in barn burning u!
she acted under her husband and wa!
; ono With him. That us She was war
ranteu new trial that would give 1
/ now trial TO all the consDirator5.
/. MIR. harrington procceded with {
category Of objections. Including tina
the testimony was talk between do
tectives and tho accused rather han ~
between the persons accused. Alto
, he concluded Attorney General Bigg
replied in REPUTATION oil the foregoin!
: points which Mr.. Harrington In
i, made the argument on both side
, being largely citations Of legal author
] ties.
= Tho question as to who wrote tho n
= nonymous letter was aquestiou OF fac
> left by law to the jury as per authori
ties cited
Tho jury passed npon that fact
These defendants were indicted fo
, a conspiracy proven either by
Il person who was present and hoard tn
II agreement or By circumstances.
\ II was enough when tine pIusecutlo
I proved the fact that there was COZ
spiracy and the jury so gave verdict
Mary Clark was the head Of the cor
u splracy. ...z ....-....
:, Mr. Harrington had argued that
u was incumbent on the prosecution {
l. have provided altrmatively that tli
= wife did not act under the compuislo
> OF her husband.
y Mr.. Blsgs denied this, and said III
, defense had not proved TINT she di
i act under the restraint of her husban,
: 1t was incumbent on them to hay
y done so did they wish to claim an
!, exemption by law on that acroum
y This encouragement will conrlud
his argument this afternoon.
7 The four prisoners were neatly dres
L ed. Gibbons looked distressed in fac,
a The Clarks looked improved in CON
l. leutlHe from DOdEulllE uG 1OUel-iNlu
K mons, Tho arguments of counsel :
. far AS any animation OF features exh
! bllcd, were all Greek to them.
Mrs. Clark, however when MI
BiSg5 said she was the head OF the COZ
spiraey, got up In great excitemen
walked over and threw her faco In I'll
face of her counsel. Mr.. Harrington,i
h. sat, and whispered Ito raised h
hand, motioucd her away and sui
7 sit-still. Court adjourned at lo'clo,
| p. IN. until 80.