Evening journal. [volume] (Wilmington, Del.) 1888-1932, 1892-02-15

Assigned-lhe state DID : OF object but
the Bench Did.
HI. Ward. counsel for Eugene Du-
Pont Burns the alleged burner Of the
Fleming barn belonging to E | DUPONT
de Nsmours & Company, is happy man
So is his client He will not have to face
the panel Of Jurors that sent Edward
Clark. Mary Clark, Joseph Clark and
William Gibbons to New Castle Jail.
He has secured continuance until Aay
On the ground of sickness ard possible
death among his witnesses.
DEFENCE FIRST IN THE FIELD.
Long before 10 o'clock many Of the
sests we're occupied, many women being
upon the front row.
d. Il. Ward and his client were the
FIRST upon the scene Of the battle. Burns's
face were an anxious and yet hopeful
look. His counsel seemed to be as I'M
concerned as he did in the trial of Walter
w. Blackburn for the murder OF little
Eddie Gardiner.
eugene and Francis DUPONT were at
the Court House early and held a brief
conference with Attorney General Biggs
in his room.
Levi o. Bird Lewis G. VANDERBILT and
Edward g. Bradford and other leading
attorneys were also there. The relatives
OF the accused man occupied front seat
on the south side Of the room.
At l0.1 o'clock Crier Smith opened the
Court Of General Sessions Of the Peace
and Jail Delivery Associate Judges
Cullen and Houston were on the bench
1.-THE STATE Is READY"
Biggs-'If your honors please. on page
81 OF your docket case Of the STATE vs.
M, p~nA Rnruc obaYued NTH
barn-b burning. The state Is ready for
trial
Ward ~ find this morning that / am
not ready for trial -
he resd the following affidavit:
SICKNESS AS AN EXCUSE.
"Be it remembered that on the fifteenth
day OF February, A. D. 1892, personally
csme before me, William P. Biggs, clerk
of said court, Eugene Dupont Burns,
who being by me first duly sworn accord
ing to law, deposes and says: That be is
the defendant Ia the above stated
eass; that he has a full, just and
legal defence to this charge con
tanned in the Indictment found in
said case, and that he is in truth and in
facs wholly innocent Of the offense in
said Indictment set forth; that be can
not safely to 60 trial upon said charge on
this date or AZ the present February
term Of this court and for the following
reason.:
"Firss-rhat Hugh Foster, David
Foster. Ella 7. Matthewson and Maggie
O'Oonneu are four witnesses In behalf
OF said deponent who are material and
essential TO his defense; that Mrs A.
Foster, wife Of Hugh Foster. mother
of Daniel Foster ana Ella T. Matthew
co. and auat of Maggie O'Donnell, is now
lying at deaths door, having been re-
Gently and very suddenly taken with
concession Of the brain as more fully ap-
pears BY certificate hereto appended by
Joseph a. Chandler, M. D.. her attend
ing physician. That under the clrcum
stGuoes 1t will be impossible fer any
of said witnesses % attend Us wit
nesses aforesaid at the present time or
near future, and your depon int can,
mot safely 20 to trial without them.
"Second-That another witness sum
moued Ia behalf of said deponent, to wit
Mrs Ellen Stewart i5 now emporaiiiy
without tue State Of Delaware aud tbs
reach OF the process Of the court; b,iua
engaged 50 nursing q sick person Ia thS
city Of PHILADELPHIA. That her residencl
is IN this county, to which sue will return
before the coming May term Of
that he FiLl be able TO command he
attendRrcs at this court. at said ensuing
term; that 8 subpoena has been dull,
is ued for said witness, aud returned
withoui service upon her that she is
witness material and essential to said do
pouent's defense, and without her, sal
deponent believes thst he cannot safel
60 to trial at this term Of court
EUGENE DUPONT BUK Ms
It is attessed by Clerk Of the Peace W
Pierce Beggs
1t also bears certificate from DR.
Joseph Il. Chandler of Centreville, Del.
stating that Mrs Foster may not liy
longer than twenty four hours.
THE STATE DID NOT OBJECT.
Attorney. General Biggs said that til
application for a continuance WAS base
on grounds he had never before had {
meet, and while the state was ready 70
trial he would leave the matter to tn
discretion of The cours.
THE CASE POSTPONED
The court informed Mr.. Ward that hi
ground was legal one, but the Judge
were tired of Carrying important case
over from term TO term. The rule wa
to give oil criminals a speedy tria
Judge Cullen suggested that the case b
continued until to-day two weeks
Mr.. Ward said that he could not So
that he would be ready by that tims, q
the present condition Of things Nigh
continue The case was continued, a
though the judges were averss to doin
so. The witnesses on both sides wer
discharged, and the crowd filed on aftei
them
Monday. May 0. was Fixed as the d
for the trial.
THE BAIL BOND RENEWED
Burns and his suretiss appeared befoi
the Court and the $4,000 bail bond We
renewed.
CARTY PLEADS GUILTY.
Samuel V B. Carly, co'ored, indi,te
for policy writing. through his ATTORNEY
William +. Smsley, Jr., pleaded guilt
10 one case and the attorney general e.
tered plea Of nolle pros in the oths
case. Re will be sentenced this Rfte
noon.
GOT OVER THE TRIAL LIST.
The judges announced that the tril
list will be taken up and gona over to
morrow morning at 10 o'slock and sal
that all lawyers should be present.
Thers being no further business befOl
the court at 11.40 o'clock it sdjourns
until 230 o'clock this afternoon.
he Left the Best Coat.