Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1892-02-04

sa.u; .Iiat ne VIII nave no opportur ity 10
produce any evidence in reply to the same
or disproof thereof; that his said counsel
main not hitherto been able, and in nc
event. will hereafter be able to discuss
or reDut said testimony in behalf Of said
| denonent. That said testimony unargued
IN MS behalf, unrebutted and unexplained
| may well produce in the minds of the most
iair-mlnded jurors certain false and mis-
taken Impressions and opinions as to the
gnlit OF said deponent of the offence with
winch he Is charged, which impressions
and opinions would most unjustly color
the evidence produced against or for him
IN his trial upon said charge. and make il
impossible, as he Is advised and believes,
Tor MIN to be tried by an impartial Jury
at the present term of this court.
EUGENE DU z. BURNS.
Sworn and subscribed before me this
W. p. BIaos, @. p.
Mr.. Ward quoted section z of the con-
stitution Of the State, TO show that de-
PENDANT In any case is entitled to an i'm.
partial trial, and declared that trial
of his client at this term would
work injustice. He alluded to certain
evidence In the case against Gibbons and
the Clarks, testimony In which Burns
name had been mentioned, and asserted
that If IL were introduced In Burns
case 1t would be hardship, because
evidence In rebuttal could not be intro.
duced and the counsel for the defence
could not comment on 1t. That testi-
mony had been given and argued and
the conclusion was almost Inevitable
that with this panel of Jurors the de-
PENDANT could not secure trial with an
impartial jury.
The encouragement declared the
question raised by Mr.. Ward had been
fully argued by himself and William g..
Hilles, Esq, when drawing juries in the
other cases and practically was a mo-
ton to quash the array. Mr.. Ward, he
continued, had forgotten that every
juror swears to try cases according to
the law and evidence. The application
was purely on suppositional ground and
such presumption could not be en-
tertained against the solemn oath of the
jurors. The disposition of the court in
the other cases was TO keep out the
names of all except those on trial. II
allusion had been made to Burns the
State could not help ii nor could he. II
was made inadvertently and if, in this
case, damage resulted, the defendant
would be unfortunate and the damage
would be because the defendant had
been in bad company. To continue the
case to May would be to the prejudice
OF the State. The indictment had been
found in November and ut the request
of the counsel for the defense the case
had been continued to this term. There
should be more valid ground for further
continuance.
Mr.. Ward commended that his motion
was not equivalent to a motion to quash
the array. Theattorney generals argu-
ment would prevent him challenging
Jurors. He was defenceless, not be-
cause the jury would be unfair, but be-
cause 1t is human and necessarily must
be prejudiced and biased.
During the first hour and half of
Tuesday mornings session of the court
very little business was transacted.
AT the request of United States Dis
trict Attorney Beniah Watson, the case
of the State vs.. George Manlove, col
ored, charged with stealing mare from
John W. Carrow of st. Georges hun
dred, was continued until tomorrow
morning, the defence not being ready.
An inquisition on the Judgment of the
James A. Field Company VS.. Ellen
Bradley. was taken and plaintiff was
awarded 1915
e. G. Bradford moved that the writ
Of execution heretofore issued against
George w. Mckee and his sureties be
quashed and asked for leave to issue
another execution TO collect the real
amount due. Benjamin Nields, repre-
senting the sureties, said the motion was
proper and he had no objection.
Mr.. Bradford's motion was granted.
It's purpose is to include the amount
decided by the Levy Court to be due the
county from the sale of tax receipts to
Republicans returned as delinquents.
BURNS TRIAL SET FOR FEBRUARY 18TH.
AT 11.50 o'clock the court refused the
application of Ii. Ii. Ward, ESQ.,, for
the continuance of the trial of Eugene
du Pont Burns, charged with burning
one OF the du Pont barns, until the MAY
term. In denying the motion the court
stated there is no reason for continu-
ance.
Addressing the court Attorney general
Biggs said there were in attendance on
the Burns case ten or dozen witnesses
for the State and 81 or 32 for the pris-
oner, all Of whom Mr.. Ward desires to
examine. The Blackburn murder trial
had been set for tomorrow. There
are in the latter case many witnesses
and he did not think that there
would be much of this week left
after finisaing Blackburn's trial. This
would leave next week TO dispose of the
prisoners In jail; the court is always
anxious for Jail delivery rs soon as pos.
sible and for the early disposition Of de-
PENDANTS not out ON bail II seemed to
him in view of the capital felony and in
view of most of the criminal business
that will be taken up next week, he could
hardly get at Burns case before Feb
ruary 10Th, or such time as the court
might see fit to set.
name day. Mr.. Biggs said he did not
think the case could be taken up before
the date he had mentioned. He did not
know the nature of the civil business
and he would like the court to fix on
that day or some subsequent date.
Mr.. Ward stated that he was content.
His client was out on bail, and he could
not expect to force Burns in before
those who are in Jail.
Thereupon the court set February
10Th for Burns trial, and the witnesses
in his case were discharged until 10 a.
m. of that day.
PLEADED GUILTY TO PETTY LARCENY.
Eta Brown, colored, alias "Etta
Robinson" was arraigned on the charge
of stealing pair of shoes from Julia
HUT and pleaded guilty.
Wilson johnson, colored, pleaded
guilty to the charge of stealing a watch,
valued at $40, from Peter Linden.
Maurice Cook and Thomas Richards
were Jointly indicted for stealing seven
Z L. IA.s...-.-l 49,