Evening Journal

Blackburn's Chances of Re-lease Diminish Every Day.

The Web of Evidence Being Drawn Closely Around the Suspected Murderer of Eddie Gardiner—Thomas Hinesley Released By Order of the Jury—Seventeen Witnesses Examined Last Night.

The Gardiner jury met at the coroner's office on East Front street last evening. The session began at 7:30 o'clock and it was 11 o'clock before it terminated. As an outcome of its deliberations Coroner Sparks was instructed to release Thomas Hinesley from custody. Hinesley is the man who was with Blackburn when the body was found in the express car.

The effect of the evidence heard by the jury last night was to deepen the prevailing opinion that Blackburn is the guilty one.

The Murdered Boy's Father.

Patrick Gardiner was the first of the seventeen witnesses called to testify. He is the father of the murdered boy and the father-in-law of Blackburn. He was duly sworn and testified as follows:

On Thursday at noon I saw Blackburn. He was standing at Fifth and Church streets. We did not speak as I passed him on my way home. When I reached home the door was locked. My daughter had locked it, but would not say why she had done so. I told my wife that I did not believe she would see Eddie alive again. I went to a number of places, but could not find any trace of him. About 5 o'clock I returned home and sent my sons to search for him while I went and took a nap. When I arose I heard that Eddie had been found. I went down the street and saw my son Michael coming up carrying Eddie. I went back home. As soon as I got there I went up stairs. Blackburn followed me there and asked: 'Do you accuse me of this murder?' I had never hinted at such a thing, and simply told him that his breath was too bad for me. He kept following me around, and at last said: 'I saw Tom Hinesley taking your boy down Lord street between 2 and 3 o'clock yesterday (Wednesday) afternoon.' To this I replied: 'Why didn't you tell me that yesterday so that I wouldn't have been hunting all over for him?' To this he did not reply. In my opinion Blackburn is a man of bad character. I kept him and my daughter for some time after they were married. He got out of work and went to drinking. He got behind in his rent and sold everything he had for $10. He threatened to kill his wife and child. Two months ago they made a bed in the cellar and let him stay there. I found it out and was going to have him arrested. Before I could do so my wife warned him of my intention and told him to stay away. He threatened at the time to get satisfaction for it.

The Boy's Mother Testifies.

The next witness placed on the stand was Annie Gardiner, mother of the murdered boy. She said:

"I ordered Blackburn to leave the house on Tuesday. He came back on Wednesday. I told him it would be better for him to go away, and gave him 5 cents. He went. On Wednesday Eddie disappeared. I became anxious. About 4:30 o'clock on Thursday morning I went to Blackburn's house. He came out trembling all over. He complained of being cold, but I do not see why he should be, as the air was not particularly cold. I asked him about Eddie. He said he had not seen him, but would make a search. After my boy was found my daughter told me of Blackburn's dream. She said that the reason she did not tell me before was because she did not want to frighten me. I do not think that Blackburn had anything against the boy, but he could strike at me through the child. He did not come to our house on Thursday until the child was brought home. I do not know what he said to my husband that night."

The Wife Against the Husband.

Mary Blackburn, sister of the boy and wife of the accused man, followed Mrs. Gardiner upon the stand. Her testimony was, in substance, as follows: "On Wednesday morning Walter, my husband, sent my brother Michael to me for 5 cents. Later in the day I met him at the corner. My mother came up to us and told Walter that he must not come around the house until he was ready to treat me properly. At 12:30 o'clock I gave Eddie his dinner, and that was the last time I saw him prior to his death. I met my husband at Seventh and Spruce streets and talked about going to the fireman's ball in Institute Hall. I did so, and saw him outside the ball room that night. At 11:15 o'clock we left there and went towards my father's house. Walter left me at Sixth and Church streets. The first intimation I had that Eddie was lost was when I reached home. Mother told me. At 8 o'clock on Thursday morning Walter came to the house to ask for Eddie. He started to search, and went to several engine houses. In the afternoon he came to the house and told me that he had had a dream that there was blood on the railroad track. In reply to this I said that I did not have any faith in dreams, but he had better look into it. That night Harry Seaman and he went down there, and the next thing I knew they were back. Their faces were very pale. They then told me about Eddie's death. When I heard that Belle Scott had seen Walter with Eddie in his arms near the railroad, I went down there to see her. She told me that she had seen a tall man carrying a small boy as if the latter was sick, but she was not sure who they were. She has told a lot of different stories. I am not sure whether Walter said 'Let the old man hunt awhile,' or not."

The City Sleuth Hound.

City Detective Hawkins testified that he took Blackburn's statement in his attempt to prove an alibi from Wednesday evening until Thursday night. This statement was as follows in effect: He left home early in the evening, got shaved, drank several glasses of liquor and went up town; went to the ball, brought his wife part of the way home, and then returned to the hall; got home at No. 815 East Seventh street at 12:30 o'clock; at 4:30 a. m. was awakened by Mrs. Gardiner, who said Eddie was lost; promised to search for him. At 7:30 he went to Gardiner's and Mrs. Gardiner told him where she had been searching for the boy.

The detective then told how he had interviewed Belle Scott. The substance of this interview is given in the woman's evidence given below. He took her to the police station and darkened the corridor so that she could see Blackburn as in the night. She said she did not want to swear a man's life away. When he turned Blackburn so that she could see him, she trembled like a leaf, and exclaimed: "My God, that's the man!"

The Star Witness Before the Jury.

Every ear was on the alert when the name of Belle Scott was called. She took the stand and was sworn. Her statement was as follows:

"I live at No. 723 Robinson street. I returned from the parade Wednesday night, very tired. At 9:30 o'clock I went to the saloon at Fifth and Church streets to get a glass of porter. It was a bright moonlight night. I got the porter and started back. A freight train nearly blocked the track and I started between the cars. Just then I saw a dark object near the fence near Fifth street. I looked closely, woman like, and saw it was a man with a child in his arms. I thought the child was ill and intended to ask the man what was the matter, but he saw me and turned away, going toward Fourth and Church streets. I did not see him again.

"The child had light hair. The man's face was unshaven. He wore dark clothes with a derby hat and was about the medium height. He was about as tall as the secretary and might have been better looking."

The Star Witness not Positive

"I could not swear that the man was the same as is confined in the City Hall. He looked like him and to the best of my knowledge he is the man, but I can not swear that he is. I do not know Walter Blackburn. Tom Hinesley has black whiskers. I know it was not him. There were several freight cars on the side track. The man was on the south of the track between the cars and the fence."

Trying to Prove an Alibi.

Walter E. Taylor, John T. McHugh, Frank Kirk, Harlan J. Feaster, Joseph Weldin, John Jennings, Thomas Hinesley, Sr., Henry Nichols, George Lynn, made different statements concerning Blackburn's whereabouts on the night of the murder. Some of them were in favor of the prisoner, but the effect was lessened by other statements of a contradictory character.

Blackburn and His Dream

Sarah Blackburn was called and said that her brother Walter came home at 11:45 o'clock last Thursday morning. At 3 o'clock in the afternoon he laid down and slept until 5:40 o'clock. Prior to sleeping he talked over Eddie's former experience when the assault was committed upon him. After he awoke he told her of his dream. She advised him to follow up the clue. She was sorry she did not go with him. She did not believe him guilty. When she returned from the firemen's ball at 1 o'clock on Thursday morning Walter was in bed and asleep. He was never in better spirits than on Wednesday and Thursday. She said that her brother had no motive for killing the child.

Hinesley Declared Innocent.

Mary Hinesley, mother of Thomas Hinesley, Katie Corcoran, Katie Dugan and Katie Conklin established an alibi for Hinesley, and the jury ordered his release.

After the reading of Walter Blackburn's statement the jury adjourned until 8 o'clock to-morrow night.

Hinesley Was Released.

Thomas Hinesley was released shortly after 11 o'clock last night. He seemed to be much pleased with his good fortune in being declared an innocent man.