Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1892-02-11


noon week Howard Gross, colored, ar
raigned for the theft of chicken,
pleaded not guilty Frederick Brown
colored, and John Davis, each charged
with the larceny of a pair of Shoes
pleaded guilty and the latter asked the
mercy of the court. William McGran,
alias Buckley McGinnis," accused of
burglary and larceny, for breaking the
window at Hanfs jewelry store and
stealing therefrom two watch cases.
pleaded not guilty and Branch H. Giles
was assigned by the court to defend
him.
At 8 o'clock argument on the point
before the court when recess was taken
was resumed, and II. H. Wards obiec-
ton to Mrs. Annie Gardeners testimony
on the statement of her daughter, Mrs.
Blackburn, "Oh nom, l knowed this
long ago, but Walter told me not to tell
you" was overruled. Returning to the
witness stand Mrs. Gardiner reiterated
her daughters statement and declared
Blackburn was present when it was
made. He said nothing at that time,
however. My daughter added, the wit
ness continued, you'd make such fuss
"Oh, dane, did you know my Eddie was
deadar Jane said, 81 did not
know Eddie was dead. Walter
told rhe he'd find him afterwhile." Mrs.
Gardiner declared Blackburn came up
stairs and said, "don't accuse me of the
murder; Hinesley did it," Here the pris-
oner began to smile. Witness stated that
Blackburn slept in her cellar and in cars
five weeks This made the prisoner
smile again and from then until
adjournment he smiled almost continu-
ally, Blackburn slept in the cellar until
within eight days of Eddie's death. Mr..
Gardiner did not know Blackburn was
in the cellar Blackburn fought her the
day before Eddie disappeared and she
mus him out of the house. Eddie took
% Of "a food when he lodged in the cellar
rcommeifH the car.
,promp,ll Jross-examination began at $50
mas BIS slock and continued so minutes
but VIZ ss.die, Mrs. Blackburn remarked, was
a. always following Blackburn. The
w soy dcy thought a great deal of him.
Ing sackburn's child was named after
the srldie but Blackburn had nothing TO do
ttakabo 9TH the selection Of the name. Eddie
inaue,a.d to be kept in the house to prevent
-, o aim running after Blackburn When
oi eSvValter came to his fathers door he was
reaptiakng all over. He shook SO she could
Egarfslear him shake. His teeth ratified and
eithelIte shivcred. In contradiction of the
co.o,ess sstimony she gave in the morning wit
hr;n ess said she did not tell Blackburn she
- afNoul1 treat him right if he found Eddie.
naic'Another contradiction was made when
but sshe stated that Blackburn was not pre-
Brasisent when Seaman's statement was
atios made. Mr.. Ward wanted Seamans
whit Ssnca hu s'ii'A IL iI was me cyl,
sov3 to remain. While she was standing at
Bal the car from which Eddie's body was
re Dit being lifted Blackburn said "stop crying;
ae sep it will do no good" She then asked
ANIL Blackburn who killed the boy and he
athdp did not reply. She also accused him of
onsll numbering the child and Blackburn did
ecura not answer. In prison he told her
ak Hinesley did it. When the statement
nd made by her daughter was uttered the
ever room was full of people. Mr.. Gardiner
WY was among them but who the Others
ut were the witness could not say. HeI
1hcI daughter made the statement when the
OFF body was brought in. In concluding the
nf witness uttered another contradiction
ms She stated that to the best of her know.
loo ledge and belief Blackburn was upstairs
ne, when his wife's statement was made
w Here Mr. Ward moved that Mrs. Black
hps burns statement be stricken from the
ht evidence but at the suggestion of thu
~ court he withdrew the motion for til,
81 present
y Frank r. Carswell was recalled and
y further explained the diagram.
8 County Physician Smith was sworr
y and described the murdered lads in
juries. Witness declared the child
e death resulted from his neck havffi.
U been broken. On cross-examination ht
said the marks on the boys throat indi
Gated that he had been grabbed from il
front and on redirect examination h,
stated that the neck might have beef
broken BY being pushed back.
Patrick Gardiner, the father of tn
deceased, was called but before he coulC
testify court adjourned.
In the court Thursday morning tn
Blackburn murder trial was resumed
Every seat was occupied and in tn
aisles there were many spectators.
Patrick Gardiner, the father of til
murdered boy, was called to the witnes
stand at 1920 o'clock. During the dc
livery Of his testimony he said Black
burn lived at his house good Will
ago. He did not know Blackburn sler
in his cellar until he found him ther
one morning, when he went after a
officer to have Blackburn arrested
When he returned his wife and daugh
ter had run Blackburn out. This wa
about week before Eddie's death. Fl
used to see the boy taking food from tn
house, but did not know ID whom
was being taken. He ordered Blackburn
from the house because he was drum
and abusive and would not work an
because he threatened to kill witness
wife and daughter, The last part of iii
testimony, that referring TO the threa
was ruled out, it being hearsay. Cros,
examination did not break his testimon
and no new information was elected
James A. Kennedy, aged 10 year
followed, taking the stand at i0a
O'Clock and remaining thereon IS mir
utes. lie saw Eddie about p. IN. o.
tober 14th opposite Reliance engin
house and somebody who looked lik
him about 5 p m. at Sixth and Churc
streets and about $50 p. M. at the engir
house. The last timehe was positive
saw him was about p. M On eros
examination he stated Eddie was tryin
at that time to get in transfer WACO
which was following the tiremen
parade, but he did not get in the vehicl
He was pretty sure it was Eddie he sa
at Sixth and Church streets
Isabel Scott, a yoluble and witty wi
ness, was called by the prosecution
1850 o'clock. Her volubility and W
caused the audience TO laugh sever
times and the court threatened to clei
the courtroom if order was not mai
tanned, Witness stated that when 81
was crossing the railroad at Four
-.