Wilmington daily commercial., 1873-12-03
THE ATTEMPTED BANK BURGLARY.

contradict this. and Mr.. Floyd himself saws his
best knowledge is that be opened the latch.
Here is = doubt, and your duty is plain Does
this constructive breaking come within the terms
Of the Law. You must reason ont whether there
WAS any pretence Of business. All the Witnesses
say there was tapping. Now you must not be
merclless, but where there Is doubt yont must
throw 1t 10 favor OF the Accused.
What does pretense Of business mean There
must be some words, some mental operation.
followed by outward expression. II mAn
knocks st the door. and yoa open it. aud he gage
YOU, is that entering upon preteuce OF business
No; TO say 80 would be to divert the meaning Of
English aud turu 1t into an Absurdity.
At the conclusion Of Mr.. O'Byrnes address the
Court took recess.
IIr. Lore's speech.
Court re-opeued at O'Clock, and Attorney
General Lore commenced the closing argument
for the State.
He said the counsel for the defence has laid
much stress upon the points Of law arising upon
TINS cA-e. l notice the argument particularly
which makes point ~ to the real occupancy OF
the house OF Mr.. Floyd, and l cite Archibold up
on evidence aud dismiss that point as settled BY
that authority.
Now IS 10 constructive burglary. take the
very case cited and relied upon 10y the defence
and by this case l show YOU that this very
| knocking iz $ constructive burglary. Ny learn
| ed friend defines fraud IL laS jlst As l would
have II my self. and Archibold defines the whole
natter IL the most clear. concise and practical
manner. There ls no cAse where the ATtihce
was not for ibe purpose OF having the fAsten-
| Ing removed. says that authority. Apply this
| rule 10 this case And l am coAteni. TINS came
rule is found WhArton's Criminal Law. Ros-
| GOES Criminal Evidence, and Russell on Crimes
| reiteTA;es this rule.
| misa, refer my friends to the young lawyers
| bible Snd establish this principle. What E
/ Pity tAa; Blackstone. Wharton. Roscoe. and Rus
.ell did Lot know Mr. O'Byrne. the new hshi,the
| lconoc.sst, who attempts TO bTesk down all the
fstne Of established iAE. Mr.. o Byrne cites the
| Bible. Rogues always become more pious the
| Lesrer they get 10 the gAlloWs
| Two objective points stand out in this case.
| One is the o5eu-e committed. Oa the night
| OF NV Tth. IN lie very heart a tie city clO-e
| by the tJlca head quarters. ave lsnos men
| eoucesl themselves prepared for desperate work.
Mr.. Lore then re7eAted the circumstances u
| the entry and continued Who lifted that lAtcl:
| That mau who stood outside. the moment he
| heard the Dol: shot back, bu.st the door open
| and presented pIstn! 81 Mr. Floyd's head. Did
the Wind open that door, lift tina. latch aud push
| Ir. Floyd back agzinst that wal: Why that's
a stretch OF the imagination thA; old IrelAn1
| never etre2cLed.
Nov if no actual breaking, Il there no, con-
| stIuc'lVe tTe zElug Wust lId those men want
/ there Did they not mean to gain entry tAere
bT Artldce leave 1t TO you IL all confidence
to ieiefm.se,
There is another house il Wilmington which
| vii serve s. = iuA. Nlo do We mud there next
| day Pour men who are today IL your dock
| WHO are they They nave been ArrAguei Au1
| PLEADED not guilty 0ae Is Carter. Alas McD5u-
| nell Hope has three handles to distngu gulsh
| him l. be Watson or HOPE OF sLAi OF Who Il
u We wAat 20 know,
There i zao'Aer nAl 10; here who IS linked
witt that AIusf; who Is lie Andrews 70 EE-
ds!. Nu-Lt 30 v Lite Ma which l= lis name
| The defense n -ht have shOSu us who these
m-a weIe !asy mgnt have sl1sl = the char.
lc.er o. these men. II they have character. EAy
IA It Do. bse1 =l0Eu; Aa3 i not suea !Ack OF
-tosl-s c-A-Ac.er ell-EG 70 damn them before
Aay !lfy. Il al empty house uafuEalsae1 All
i9cz-l lp Vas. ulier heaven dll these msa
Szat there: And when captured EaAi DO We
5Id 4be ,oo-s o. 5arglArs sud Of egt;hroGts.
10; Upo1 thsE psE=oas out hidden u ine cain
rev.
Nj L3rs then p.5.seisd 70 Aaslyzs the test
u3ny -lta aE!DA;e au1 tnAaInAie. a. he jsFn-l
Is. b when 10 c3ausc: tae prl=3lers WITH the
a5G-e al - 40 P5P.Eg st-ssrs. He dss.i a;
s5oe .eas;n upon tie !seau;y Of the tools
,4.o~n Lss! Is .te burglars All those fouBd Al
- A-1 P5p-Ar streets, Lo1 Also p1i o. one Of
t1s IA.Es .-Ai lie H. - sloE :. tie -ry - z :,
thing @. ;E= a. ,sA-Ale= u. tie burg afz II tie
disguise LIS e.s1:s1 - 4:i4s nsrlnel1 Il
tie eo-rt !lcu-
NJ. Lore c5l..1ie5 ss toI5Es This Gaze i.
raE e.2=e-. bat o. 5ae po.ai Of AZ On vhlcL
| TIE C-1E: r.. loaiFEet YOU And n conclusion
les o: y5z g=-i.e4su. 70 stand IN TIE rAn.
| q the Cd common SsAih, DeAEArs. bstEeer
!os- hoIae- AM -lesldes and s1ch nsn - these
All !! y5c teAG4ess!E 10 your duty Es shall Be pi
more bothered s,ll ,asze gsn,ry after you hAy,
condemned these men b. Teri.c; Of g1ilty.
Al lie cJlc4lzIoa q NJ LJres speech III
Court A1!9ltned uat. this morning.
Tho Charge Of the Court.
Court opened :; 70 A. u. A large crowd Q
=, spectators thronging the east room.
After placing the prisoners in tue dock, Chic
, Justice Gtpin delivered the charge Of the Cour
to the jury 81 follows
Gsi.t.7rs-l q Jts J4ry: it Is cause for sircer
eongrAiulatlou thAt We approach the end Of thi
| prolonged and interesting cAse. A cAse equal
a. important s. regards the law or fActs Th
court then stated the names Of the prisoner
and recied the counts and continued W
have been ssked TO charge you that the count
charging this house Is the dwelling Of the Ban
Of Delaware are in consequent.
r We do not charge you 90, and We say 10 you
that these counts are not liable 10 the OF jeS
tions Of the counsel for the defense and We de
NJ his request. We have no doubt OF Its legs
| sufhceLcy.
A great deal has been said to you by II
counse! on both sides As TO the relative value Q
direct and clrcumstAu'lAl evidence When "
speak Of s. fact proved by direct evidence, "
J mean facts proved by ActuAl cognizAnee. B.
tie other We mean al inference from pTlncips
facts. And when VIC decree these Inference
from proved facts, this Is prssumpiiEe, OF cir
cumstantiAl evidence. Inc principal facts mu.
) be sufficiently stroLs to warrant such deiut
tions.
" mere hunter O. 4lle pSndenL clTC luletAnce
are proved, all pointing l. the came direction
the inference is IN tie same Of the ratio, and sue
4 sum Of inference depends upon the strength An
number Of proved facts. Il is common for
defence 10 raise doobi upon this kind of ev
dsnce, but We know that no testimony is infAll
bic. Perhaps many instances can te found
erroneous decisions Of jurles in cases Of Actua
Es vel Sc clrcumsiantlAl. evidence. The ruit
" Of lAs in civil and criminal cases regulating ie
] timony are both alike. In criminal cases, hoV
ever, direct evidence is rarely, and circumstsl
tai evidence more commonly found and II JIM
did not pay due attention to this latter eviden,
cripinA justice would be but q mockery al
therefore We tell you that this "a ure OF eviden,
D. may s9ord A. strong proof Of guilt As direct.
The rules are lst, the onus OF proof lies
the prosecution, and this rule is derived from
maxim that = man is presumed innocent uni
found guilty; 2nd, there must be clear proof
the ooFplLs dslIc,i. Sid. the evidence against Il
accused must throw out al other hypothes
than that OF guilt. 5.h the rule Of delinquency.
: Now you must try these men by the eviden
Aiduced here and nothing else. You must hA