Wilmington daily commercial., 1873-12-01

Was the crime committed and is the proof suf-
fcieut7 There is one faca Rroved, and that is
the commission of the offence in this county,
and hence you must give ~ your attention 70
the points of law and evieenee which sha'l
1rt was the crime committed, and by night,
and by breaking and entering and with intent TO
rob Let US take up the Hpot All the wit
nesses have shown that Il was committed atter
6 o'clock, and 1t ia in evidencs that the sun set
at g. 13. and that the night yes dark and rainy
Mr. Floyd told you that his hpuse was closed,
and they were Flushing suppaf; and farther the
defense have proved this IaHster by their own
Witnesses. Mr. Brady told you the night was
dark at p N, and Mr. Iungren told you that
It was too dark to recognize eYen friends until
within touching distance. IL
The second point, was this 80 yelling house
1t was proved that MT: Floyd as cashier, oc.
cupied this house as his lresidepce. and that 1t
was the property Of the Bank 81 Delaware, and
/ take il that this is suficentlyproved.
And the third element is the breaking and en-
terng. This is g mixed question OF law and
fact and the judges will instFuet you. Has there
been legal breaking is the question which will be
explained to YOU and Lapprehend the law on TINS
point well settled Any force, However intiniesi-
NAL, will constitute an actual breaking, and any
fraud used will also be q breathing for the law
will not allow any fraud to oust it of its juris-
diction.
The essence Of this crime is a felonious intent
and IL you find that by any fraud Mr.. FLOYD
opened his door to these men you must hnd
them guilty. No breaking is necessary WITH
| violence, but II the key were obtained by fraud
Now as to the evidence. Mr.. Floyd's dining
| room is on the level OF the street and the par
lor floor runs up seven steps to Az entrance and
i in front Of that entrance IL brick wall. hlgh
| enough to conceal the door but not exactly in
| front Of the kitchen door. Once behind the
| wall, the burglars were concealed from the
street. and once in the Bank all ware at their
mercy. 3t.l
AT 6 o'clock all the famlly wersat supper; and
| you reoollect the time and the family as they
/ were seated at the svening meal and their reia-
| tive positions at the table. Now was MIR. Floyd
| induced to open that door II 80 it is con.
| structive burglary; and IL they forced It part
| open recoliect it Is an actual breaking. What is
| the testimony Rid yourselves OF your sur
| roundings and stand in their places
Miss Chardon says My attention was attract
ed by a tapping, not burly and strong, but gen
| tie She says 10 was rePeated two or three times
| and said there is some one at the door, but hel
i uncle thought not but she heard it repeated
| Then Mr.. Floyd got up and opened the door, al
| though her aunt requested him not to DO SO
When he opened thus door, tan man pusnec
| tue door, throwing her uncle against the Jam
| Then the others thronRed in. Here is the tes
| tmony of the one who first heard the noise, anc
on her cross examination she but, clarified the
vision, thanks to the learned counsel for the de
| fense.
Mrs. FLOYD also testifes as to the tapping and
its repetition. She too, testihes as to the en-
| trance Of the tall man Immediately, and MISE
Kates testifess ubstantially the same. And the
net result of the testimony is that there was
| knocking at the door under fraudulent pretense
| How the learned COUNSEL on the other side, vii
| explain this am curious to know. We haV'
heard great deal OF the wind at the door, and NJ
doubt great doal of wind will Q einyoked here u
explain tt but, gentlemen, wind Will not an
Bwer this question. for whether the wind blew
that door or not when Mr.. Floyd opened 1t th'
wind was not there bnt these men were.
Now, what was the intent of these men L
they are the men who 30 entered, what was thei
intent This is the fourth ingredient in THU
crime whicn you must consider.
Intent is always a matter Of inference, to b
drawn from the acts or the words ot the parties
| II you eau lind in the acts or words suthclen
from which to draw the inference, then the Ill
tent is established There is no indication o
violence towards the Inmates OF that house,
they would remain tractable; but II we establia
| a connection between these tools captured @
| found and the houses spoken OF heretofore an
| the prisoners, then the intent is established
these four men were almost always seen tc
gether. There is no explanation OF this fact
the defence. On Hallow Eve night; on the Sun
day following; on the afternoon of the robber
and on the night even;on the morning after in a
| unfurnished house, and no explanation why the
| we're always in such close fel owship In rae
| all the circumstances OF this case are withot
J explanation, and he whole matter stands a
most confessed.
ITO be continued in our next edition.