Evening journal. [volume] (Wilmington, Del.) 1888-1932, 1892-01-21
DUPONT CONSPIRATORS.
The JUDGES HEAR ARGUMENT FOR
AND AGA INST a NEW TRIAL.

Austin Harrington ana AttorheN NehpNhA
Biggs Before the Judges-Reason for a
New Trial-BigEs makes an Able Re
ply.
The Superior Court, Court of Oyer and
Terminer and Court of General Sessions
OF the Peace and Jail Delivery, for New
Castle county, met at the Court House st
10.15 o'clock this morning.
Associate Judges Cullen, Grubb and
Houston were upon the bench The
former showed plainly the severe attack
of the grip from which he has just re-
covered.
The attendance of lawyers was very
large In anticipation Of the Carr murder
trial and the argument in the DUPONT
barn-burnlng cases. The seats Tor the
spectators were nearly empty.
The names of the jurors were @called.
Henry Kendall and Charles L. McCloskey
were reported absent, aud Thomas Clay
ton and Weldln Ylning were reported as
excused
Burns's Bond Renewed
Upon demand Of Attorney General
Biggs the oond OF Eugene DUPONT
Burns, awaiting trial for burning the
Fleming barn, was renewed.
The court then announced that 1t was
ready to hear argument for new trial
in the case against Edward Clark. Mary
Clark. Joseph Clark aud William J.
Gibbons.
Mr.. Harrington expressed surprise He
said that he understood that the trial of
Carr for the murder of Antonio Bassc
was to be. first called
The court beard him patiently and gave
him until ii. 40 o'clock to prepare for ar.
gument, on the ground that he had an
ticipated the other trial.
Foreign Attachment Case.
While Mr.. Harrington was preparing
for bis argument the Superior Court took
mp the foreign attachment case Of T.
BTownsend va Norman L. Ames. Lewis @.
Vandegrift appeared for the plaintiff.
There was no defence. jury was drawn
and without leaving the box gave the
plaintiff judgment in the sum Of 1852 81
The Prisoners Brought in.
At II ID o'clock the tipstave smarched
the prisoners In They were al
neatly dressed and Imprisonment
has not altered their appearance
In any way Their faces wore an anxiou:
look, and even Gibbons looked very muct
concerned.
At Ills o'clock Mr. Harrington be
gan argument. He based his argument
for new trial upon the following
grounds:
THAT the verdict was against the
law.
2-Thst the verdict was against the
evidence
THAT the court erred in admitting
-, 1afF n
dressed to William DUPONT under date Of
Nov. 7. 1890, the same not having beer
proven by proper testimony.
4.-The court erred in instFucting thu
jury that Mary Clark acted under in
structions OF her husband.
5-No proof of venue
6.-The court erred Ia admitting al
evidence the declarations Of Mary Clarl
against her husband aud the declaration
made by Edward Clark against her, the,
being.joined in the indictment.
He commended that venue bad not beef
proven. That there was no evidence t.
prove that the prisoners ever agreed t
destroy the DUPONT property,
He said; There was no evidence Il
show that any two ever met Il
conspire. Let no prejudice or outside
counsel or anything else effect it, othei
than the law. If they are guilty, fol
Gods sake sentence them But it canno
be 50 under the law.
''Mrs Clark is not guilty Of any crime
being considered as not acting under hei
own will.
eve come now to the venue. / vii
say that will give up my professions
life and reputation # the attorney gen
eral can fad in the testimony Of thes
detectives anything ito show that Their
was an a agreement. / challenge him {
do it
'.The venue must be where the con
spiracy was, and not where the result o
the conspiracy was put into execution
There is charge that 1t wa
In New Castle county BE has gon
further and put 1t In Christians hur
dred, They must show that it was
1t was attempted by paid evidence.
claim that there was a mistrial.
At ~ 05 o'clock he closed his PENN
argument
Biggs for the State.
At ~ OF O'Clock Attorney 3enert
Biggs opened for the state. He pssse
over exceptions Nos. and 2. Upon N,
he said;
The standard letters written I
Maggie Moore were Of the creates
importance to show who wrote I'll
anonymous letter Those standar
letters we're admitted without objection
They were placed in the hands OF I'll
jury and satisfied that body that a
three letters we're written by the san
PERSONS.
II will say that / admit that it wi
the duty Of the state to show that ST
acted without compulsion from her hu
band. The gist was the agreement
When that agreement was mad
or where it was made In Ne
Castle county does not matter
The statements made by the prisoner
show that there was conspiracy mad
among them. We know not where I'll
Divine mind alone can tell But thel
statements are moral evidence
show that there was an agreement
burn this old barn. The ury believe
that there was conspiracy and brougl
in verdict accordingly.
Hard Onsm Clark.
what Mrs. Clark acting under I'll
coercion Of her husbend2 This woms
was the head Of this conspiracy. 81
was the one who advise
the plan of getting a covere
wagon. She was the one who said |
through one barn to another until there
such confusion that they could not d