Delaware state journal. [volume] (Wilmington, Del.) 1870-1883, 1873-12-06


he saw them or not.
Root. NJ. Beggs was recalled, and said
he saw the supposed fifth man last on
the morning Of the 8th, about Has, in
the neighborhood Of the Ninth and Pop
lar house, but he soon loft the vicinity on
run.
He was CT ioss-examlned but did not
deviite from what he said above.
Lydia huntington was next called and
sworn. She testified that she is employed
at the south east corHer OF Sixth aud
Market aud recognized Lawler as having
been seen by her frequently on the corner
named above; she did not sec him but
once for a week previous to to his arrest
bat frequently saw him before that; he
did not look suspicious, but he came to
the corder every day for about eight or
ten days; on the day Of arrest she re-
marked TO a friend, when the prisoner
was being conducted to tue city hall by
the police, "there goes that nice looking
man."
J She was cooss-examined and said she
saw him generally ABOUT eight O'Clock In
in the morning, but had seen him there
/ in the afternoon also,
Q. II. Lobdell recalled. lie said he
believed the man who WIS cha1iug the
]
the 7th, was Carter.
Cross-examined. When the man passed
him II was under the lamp in front of the
bank; Carter was then masked and the
witness believes, from his general appear
ance only, that he Is the man saw BY
him.
John Lungren was called and sworn.
He is employed at Pickels' stove
store at Tenth and Market, Will
mington on the 9TH he quit
work at O'Clock In the evening
and walked down Market street to Sixth;
when he turned down Sixth he walked
on the northern side of the street and
saw four men standing five or ten feet
from the gate of Mr.. Foyd's yard he
recognized Lawler and lIurlburt AS two
of the men seen by him on that occasion.
He was cross examined by Mr.. O'Byrne.
He said that when he saw the men that
night he stopped within two or three
feet of them, but was SO exact and pre-
else in all he said that the defense
learned little but that which was brought
out in bis direct examination.
VIM. 7. Best was recalled, and said
that about 8 O'Clock on the evening oi
the 7th, he saw two men going NJ
Shiploy above Seventh, and believes
Carter and Thomas to be the men when
between Seventh and Eighth, he heard
! some one say, "they had better 60 way
, by the pike, the rest will go way by
; water" another said "you had bettel
Y not be in too great harry to get away
He was cross-examined, but nothing o
interest occurred In his testimony othe
D than that above referred to.
, Police officer Jourdan was called, bu
D his testimony was without interest.
Brookes Foster was swo rn and said h
found, on the eveting Of the 7th, crap
. mask and blue overcoat, between ani
10 o'clock, on Seventh street betweei
u King and Market pair Of handcuil
: were in the coat pocket.
9 He was not cross. examined.
Officer Hope was called and testille
. that about $50, on the evening OF the 7th
. he found blue overcoat on King stret
.. between Sixth and Seventh.
II He was eross.examlned but could no
> swear positively that a coat shown bis
= was the one he found.
. DR.. Henry G. Deyinlng was called an
y affirmed. He is acquainted with Hur
y burt and Lawler, but question as /
IL what name he had known them by an
i where and when he knew them, Wa
~ objected 10.
le After argument by counsel Judge Gllpl
ie said that law was similar to the Gosp
"a in that II placed all men on the same foo
~ ing, and therefore no evidence going
! show the previous bad character of q
~ prisoners could be admitted until the
characters were put In issue by the d
H. feuse. The question was then deeid
", out of order and Doctor Devining was I
VI " tired for the present.
IL Charles W. Wood, Philadelphia d
h, tective, was next called and sworn.
~ has been detective for long time al
is familiar with burglars tools; ho W
,d shown what are known as section
" Jimmy, a powder can for filling apei
~. lures with powder, u wedge haInm'
m wedges, gags and cold chlsels.
id Mr.. Wood was not eros s-examined.
ch Mr.. Farra, of the Wilmington En-
O neoring Department, was called a
ar sworn. He was then shown Il plot
nd the city. showing the National Bank
in Delaware, the house at Ninth and Pop
zen and the one at Ninth and kirkwood, a
al the ground over which the defense ha
.ar traced the prisoners the witness said
ing plot was made by himself and was c
rea rect.
Mr.. Fcrra was cross-examined but {
led tilted to nothing new.
en- Here Attorney. General Lore announl
Of that the state would rest It's case.
ant Mr.. Higgins stated the case on beh
of the defeuse. But few witnesses "
,rp. to be examined, owing to the fact /
aud their clients had been closely immu
'ry, since their arrest, aud had been aiforl
the but little opportunity to collect pr
Who going to show their innocence. The
-ea. fence have had but little aid, and IN
our of .heir testimony was picked up by
me, merest chance, but they would do u
,om duty as best they knew how and wo
fight the dark iniamy Of preludgm
said and prejudice with all the weapons
and their command. He then explai
Mr.. the term burglary In Its diteT
phases, and told the jury I
and must be satisfied what a crime
Inth before they could convict the ale
Pop criminals. The defense will attemp
lid show that the States evidence goinl
we're show the connection between the pri'
pre-. ers and the crime Is unrelh
the and that what some of the witue
nge had said regarding the affair
and mere fencing only. There is no proof
&c to show tnat the prisoners, clothed in
out presumption OF innocence, had any
II as nection whatever with the crime,
when this was shown, verdict of
She guilty would be asked.
' in Samuel Floyd was the first wit
iplar called and said the officers Of the b
.Ools offered $500 reward for the arrest
conviction of the men who entered
orn. bank on the evening OF the 9Th inst.
,und Hannah Kemp, Mr.. Floyd's col
the servant, was called and sworn. On
ming night Of the attempt TO rob the bank
lined was ironing In the kitchen, and was \
cog Mr.. F.'s family at the time the attic
men was made the windows and doors OF
nan, part of the house we're securely taste
{ the She was cross.examined, but test
mes as above.
r the WIN. II. Hollingsworth, of Wiln
Z key ton, was called and sworn. Al the
fire. of the attempted robbery, on the eve
euth of the 7th, he was at Singles {
store, on Market street above 81
hing he ran out Immediately after the al
was given and in company with seN
and others ran up to Seventh and then
Jinth that street; he was present wnen
rnng Carberry was assaulted, but could
man recognize the persons who assaulted
four as il was tooidark we were as clio
linth the men at the time as Carberry was
house they did not touch him (the witress)
I she Being cross-examined he said be
seen fed as above and mentioned the OF
renee as he related II to twenty or
itifed persons In single's cigar store on
night OF the occurrence.
!, re. Al l.30 court took a recess un
d adj O'Clock.
NEW CASTLE, Nov. 29.-The after
L. session Of court to-day was opened
O'Clock, and the prisoners were prof