Evening journal. [volume] (Wilmington, Del.) 1888-1932, 1892-02-08
FOR BLACKBURN'S LIFE.
III II. Ward Fighting Hard in the At
tempt to Save 1t.

The Case VIII go to the Jury This After
noon.-Mr Ward Confident osa Verdict
Of Aceuittal.-T Prisoners Wife and
Baby IN Court.
The last day of the famons Blackburn
trial began to day, and the jury will
probably have the case In hand this after
noon or FIRST thing tomorrow morn
ing.
The court room was crowded at 10
o'clock. Many wemen were in the
audience Mrs Annie Gardiner mother
of the murdered boy, stood up in the
centre of the room during Attorney Gen
ersl Biggss opening argument She
was dressed in deep mourning and
watched every move on the part Of the
state
Attorney General Biggs addressed the
court for the State BE cited authorities
upon expressed and implied malice, and
circumstantIal evidence. He dwelt upon
the failure Of Blackburn to deny the
crime when he was accused of It, and said
that it implied guilt.
VICTOR B. wooLLEY FOR THE STATE.
At 10. 85 o'clock Victor b. Woolley, who
has been associated with Mr.. Biggs in
this case, began addressing the jury for
the state. He said:
The defence claims that the state has
failed TO show any motive. We claim
that the state has shown ample motive.
1t devolves upon the state TO prove hrsr
the act Next, the intent. This can be
proved ia two WAYS First, IL this man
had ex pressed an intention TO kill EDDIE
Gardiner, that would have been expressed
malice. Second, you must judge the in
tent by the manner of the crime
You have only to consider his con
duct to convincs yourselves that he is the
murderer of the child The mother &C
cused him Of the murder at the car and
he said not word. The time of all
times when he should have spoken he
remained silent.
"His wife says that he told her long
before the mother knew it. He was in
constant Communication with her and it
must be so.
The defence has charged that that
woman, Bella Scott, is, In cold blood,
swearing away that mans life as
matter of fact and evidence she chad
never seen b m before and only three
times since that tine. Her testimony is
corroborated by that of Detective Haw-
kins, who swears that she told him the
same thing She had no smotive to induce
her to swear that mans life away
TO prove an alibi there must be no
loopholes in it. There are several breaches
in the abb the defence has tried to set
up. Therefore it falls.
1.-THE prisoner was the possessor Of
guilty knowledge which it was impossi-
PIE for an innocent man to keep His
acts, knowledge aud silence stand as his
accuser and point to him as the muir
derer of Eddie Gardiner
FIGHTING FOR LIFE
At II o'clock a. b. Ward began his
great work Of saving human being from
ignominous death.
Sheriff Simmons was ia the room. He
did not seem to care whether he had to
hang Blackburn or not. for he slept dur
ing the arguments Of Mr.. Wooley and
Mr. Ward The counsel for the defence
said
II do not know that the defence differs
much with the state on its argument on
In ent and motive. Where the killing is
pr 1ved it don't make any difference
what the motive u.s. Tn only thing "a
show is the killing the motive is i'm
piled by law. / couteud that silence
under accusation is a slight circumstanc,
when it can be explained
1.-THE evidence in this case Is circum.
GtAnbAhA anu thb JAAI lLlAe 70 AbA
that the circumstances are sustained. Nc
other hypothesis can be sustained by the
jury Every thing must be proved beyond
a reasonable doubt to the satisfaction OF
the jury. The absence of motive is
strong plea for the prisoner. We have
the strongest kind Of evidence to counter
act the charge of motive in the great
affection the prisoner held for the &C
cused. On a trial for murder tn,
Jury must weigh the absence O
motive against the other evidence Tn,
prisoner has always the right to have alb
sence Of motive weighed against tn
other evidence.
II wish to ask prayer that in ordei
to convict the prisoner at the bar thu
jury must be satisfied beyond a reason
able doubt that he is a guilty persol
under the evidence as produced by tn
state, and that every link in that chair
must be proven, or it will be absolutel
worthless
WARD BEFORE THE JURY.
At IL 80 o'clock Mr. Ward turned hi
attention to the jury. He said:
II feel convinced that after hearin
the evidence of fifty witnesses you hav
made up your minds to a verdict. There
fore 1t Is with certain fear and trem
0lALk bAHA 4 noM h4AAHaEt n N6ENhln uub
was laid upon me by the court at it
last session. Upon my shoulder was lai
the responsibility of the life OF the pris
oner in the dock, and proving that tina
man was innocent OF the crime Of whicl
he IS charged. We all lead a double lif
our duty to ourselves AMI families an
our duty to the state. am not here o
large fee in my pocket. | come her
after having gathered such evidence as
could, with my client in Jail
No man has been brought here VIII
can swear that they saw the prisone
kill this boy In fact, nobody know
where that bow was killed. There Is b
allegation as to where this boy was kile
10 time is set Ny client is simpl
brought here put upon the stand I
prove his innocence, and an slibI for
period OF about thirty-two hours
There must be evidence that cor
WINGED you that Walter Blackburn kille
this boy. You cannot kill him on infel
ence. If by any process of reasoning 70
can harmonic all the evidenceyou shoul
do SO. The bulk Of the evidence wi
stand together. Much Of the evident
produced by the State would have sun
moned If 1t had not. There may be OF
or two witnesses you may have TO reiec
You are not to determine who kille
this boy-whether it was Hazell {,
HiDesley You are simply to determir