Evening journal., 1892-02-02
BURNS'S PETITION DENIED
The Judges Refuse to Continue His
Case.

Barn Burner Has No just GROUND Tor
CONFERENCE.-The Mckee Matter again.
Blackburn case Tomorrow.
HI Ward. counsel for Eugene Du
Point Burns, dropped small bomb at the
feet Of the uninitiated in the Court Of
General Sessions yesterday afternoon. II
was generally. expected that the case
would come up for trial during the after
noon session. But Mr. Ward and his
client made one thing apparent to all
and that is, that they are afraid OF the
present pa q of jurors. They are the
same men who brought ia verdicts Of
guilty aga nst William j. Gibbons and
the three Clarks on similar charges. 1t
is said that after the conviction of the
parties alluded to Burns was heard to
remark:
am be d-difl want to be tried
by Jury drawn from that panel"
It was with this feeling Of dread that
he petitioned the court to continue his
case from the November to the February
term This request was acceded to-
This afternoon Mr. Ward took another
step in the same direction. He presented
an affidavit sworn to by Burns before
Clerk OF the Peace Biggs, asking that
this case be continued until the May
term. The grounds presented IN the
petition OF Burns and subsequent argu
ment by Mr. Ward was that the Con
gtitution OF Delaware prescribed that
every prisoner brought before the court
on a crimial charge should have
speedy and impartial trial. This, he
maintained, ii was impossible for his
client to secure with jury drawn from
the present panel He contended that the
fact that many OF them had served on
the iuries which convicted
Gibbons and the Clarks, and the
others mad heard the evidence in the
cases in which Burns name had fire.
auently been mentioned in connection
with the crime made 1t impossible for
the jury drawn to render an impartial
verdict according to the law and the evil
dence The impression Of his guilty
connection with all three crimes was left
in the minds of the jurors and the
defence would have no chancs to rebut
such an impression as the evidence
which produced it would not be admitted
In rebuttal as it was clearly hearsay in
every particular
RIGGS URGES IMMEDIATE TRIAL
In reply to this affidavit Attorney
General Biggs said:
''ln the irst place take it that this
question was argued at length by Mr.
Hilles and myself when the jury was
about to be drawn when Gibbons was
brou yht for trial with the Clarks, The
motion Of ny learned friend would virtu-
ally amount to a motion to quash the
array Now see, if your honors please,
upon what my learned friend bases that
application. de says certain statements
were made and referred TO that are
he6rsag evidence. That they cannot be
introduced in this trial he admits, and
cannot bs argued,
Every Juror is sw IN to try the case
according 60 the law and evidence It is
presumed that he will do so; SO that, If
understand tue proposition or my learned
friend, it is virtually upon a suppositlonal
ground, without anYi foundation il
fact, but 1t would draw the inference
that, notwithstanding the fact that the
Jury Is sworn to try the case according tC
the law and evidence, they would go cut
side and draw on something that has nc
bearing on the case. Such a pTesump
ton cannot be entertained against the
solemn oath of the jurors themselves.
Your honors will remember when il
the course of one of these trials, asked
one of the witnesses who Gibbons said
went with him to burn the cd Barn, Mr.
ailles at once raised an objection that nj
one but Gibbons was on trial, and tina
Burns was not on trial. Your honor
ruled that ne could testify that he said hl
went with another man. The disposition
Of your honors was to keep out the nam
Of anyone except those on trial
''If there were certain illusions made IL
the course Of the other trials to this de
fendant, Eugene Dupont Burns. th
state cannot help it; | can't help it F; it wa
inRdvsr Q lily done, ard if any dissdvant
age is TO result ID my friends clisnt it i
his misfortune Cor being in bad company
/ submit that there is no tenable an
valid ground upon which my Learned
friend can base his application according
to the application which has been read Il
your honors. 1t is something that h
says cannot be introduced in evidene
here, and cannot be urged, and yet h
asks the court to continue this case t.
the prejudice of, the state until the Ma
term GU some presumptive grounds
Now, your honors, / admit that this in
dictment was found last November
was continued until this term on the ap
plication Of my learned friend, and it doe
seem to me that now at this term tn
state is ready and the case should b
tried, unless some more tenable and vail
ground be presented to your honors VIII
IL should be continued until May"
HELD UNDER AMUSEMENT.
Mr. Ward replied saying that DeteC
tive Thomas E. Lynch had made contrs
dictOry statements in his evidence tina
showed Burns connection with Glbbon
ia one place and denied that any nam
was mentioned in the other.
He then rested, and the court held tn
application under Amusement.
MINOR CASES DISPOSED OF.
The court then took up several minc
cases.
George Msnlove, colored, the hors
thief, was placed in the dock and pleade
not guilty. When asked If he had coun
sci he said that District Attorney Benia
Watson would represent him Mr.. Wa
son was in Dover and the case was carrie
over until to-day.
In the case Of the State vs., James Gil
more, for assault and battery upon b
wife Margaret, Attorney General Bigg
entered plea Of nolle pros upon pay
ment of costs. His plea was that it W,
an action OF the wife against the hu
band, and 1t was unimpor amt in its cha
aeter.
In the case Of the State VS.. Johu wi
son, colored, charged with stealing pa
Of spectacles valued at $40 from Phil
r. Clark, on November II, 1890 Il
prisoner pleaded guilty. He was an O
oHo,Iat The 1 ~ 30 him IN 20