Wilmington daily commercial., 1873-11-28
THE BANK TRIAL.

Continued from our Second Edition.
The keys, pistols. &C., having been deemed
sufficiently proven were submitted as evidence.
Robert O. Fraim sworn Reside at N. Il. cor
ner of 7th and French on the Sunday follow
ing the attempted robbery, found in the yard
pair Of ovefalls which were identified by witness;
they we're found in that portion of yard nearest
Walnut street.
James Ooyls swofn Saw trunk, which was
exhibited in Court ; last saw it on 25th or 29th
of October, when it was delivered to the house
at 9th and Poplar was taken in by q man with
sandy beard, who "walked" it in the house; the
trunk was carried to the house by colored man
whom witness had not seen since although ne
L tad looked for man could not lind him.
Margaret Carbury sworn: reside at 3l2 East
Ninth St Wilmington, within doors OF 9th and
Poplar have seen the prisoners at the bar [;
l saw Thomas on evening OF 7th OF November
and Hurlburt with him was sitting at the back
window of my residence, and saw them at the area
way; they appeared to be coming out when wit
ness first saw them they went away snort
distance and halted, when Hurlburt returned
and left Thomas standing, who hastily moved
out of view of witness this was little after
o'clock.
Gross examined: heard sister say 1t was about
o'clock is how witness knows time; was sitting
at the back window on first floor, disengaged,
looking out of the window, when saw the prls-
oners: was sitting at window on West side; the
area Of house at 9th and Poplar is on line
with window; three fences interviewed; Thomas
had on q dark brown overcoat, black hat
and pants and had an umberella; be was stand
ing on the street, and saw him from head to
foot swear positively to the identify Of men,
without equirocation was not brought by father
to identify them, and did not tell him of what
had seen for some days afterwards third time
saw Thomas and Hurlbert was in jail; Miss
Carbury was severely cross-examlneu, Dut dlo
not waver in her testimony.l
Catharine Carbery sworn: Am sister Of Mar
garet Carbery saw Carter and Hurlbert about
| 9th and Poplar on the day Of attempted bur-
| glary in passing from the front room to the
| back room, about o'clock p. NJ, they were
passing along Poplar towards Ninth; described
| clothing and said they had umbrella over them /;
| did not see in what direction they went; saw the
| two men afterwards, but not together; leaned
| on back OF sisters chair and saw them through
| the windows; saw Hurbert at 20 minutes to 4
going along Poplar towards 8th with caba
and umbrella again saw Garter coming
out of the front door of house At 9th
and Poplar about 6.15 o'clock locked the door /;
asked witness ''if White had been here to day, "
and being answered in negative left, seemed to
hesitate 10 locking door saw him plainly for the
| front door opens directly under gas light had
| on dark coat and slouch hat
Cross-examined: use front room of house for
store and back room as sitting room; the second
| time saw the men was ION Tuesday week, in
| their cells first spoke of what had seen to
family, and to father at supper table; wat
| brought to New Castle the next day instantly
i recognized Carter and Hurlburt. This witness
| was also very closely cross examined, but wal
evidently self-possessed and there was no vari
alton in her statement.
The court admitted the pistols and overalls in
| court.
Martha Hinesly was called, but being in q
| food of tears was suffered to retire for while
Henrietta Harlan sworn: reside at 3l3 E
Ninth street; about square from Poplar, be-
/ tween Walnut aud Wilson; recognized Thomas
/ as having bought kindling wood from her shoI
/ on morning of tho 9th inst; bought 10 cents
worth; followed Thomas to door and watched
/ him, and saw that he went to house at 9Th anG
i Poplar.
Cross-examination was daylg ght-abeut 81
i in the morning first saw Thomas in cour
/ room after he was in witnesses store.
At LOOP. NJ, q recess was taken until o'clock