Wilmington daily commercial., 1873-12-01

was found upon IAwler which was identified by
the owner, Mr. Geo. Il. Tynda from some pri-
vate marks which he had filed upon It to dis
tineuish 1t from others, as the key which ne naa
delivered to the man Wright when he rented
him the house at 9th and Kirkwood, and IN
which the men were osptuTed
And in the chimney OF the house ct 9tn sna
KirAwood with the pistols, was found anofhhr
key, which MIR. Alexander White, the owner OF
the house at 9Th and Poplar streets, ielt quite
sure was the key OF the front door OF that build
ing, from the peculiar bend Of the bowl The
two keys fitted the locks of the two houses re-
spectiyely.
TIE PRISONERS ABOUT THE BANK.
Another material fact which the State sought
to prove was the presence of the prisoners in
the vicinity Of the bank building both prior to
and ON the evening OF the attempted robbery.
Miss Lydia Hufiugton, who is saleswoman In
the Weed Sewing Machine office at 9Th and mar
ket streets, testified that she had seen Lawior -
least eight or ten times, in as many days. staho-
ing about the entranee to the office and some
times contemplating the bank. John Luugren
also testified that i1e saw four men,tWo OF whom
he identified al the prisoners, standing near the
entrance to the area of Mr.. Floyd's residence, in
couples, and back to back, as IL keeping watch
in the contiguous streets, and only ., short time
previous to the surprise OF Mr.. Floyds Iamiiy,
Policeman Oarbnry awOre positively to his
Identification OF Garter as the man who dealt
burglars IN 9Th street iHst after the escape.
The above were the main points IN the case
which the State attempted to make out. They
examined shout forty witnesses in All, much OF
which related to the entrance to Mr.. Floyds res
| idence, the alarm, the pursuit, the arrest, the
capture Of the tools, DO.
TIE CASE OF THE DEFENcE.
At the time of the arraingnment of the pris-
oners, when pohtponement Of the case was
| l., wa fh0npht
/ that they had committed themselves to
the proving of an alibi, and when, therefore
| they, yesterday announced their line of defence
| as of a different nature, no little surprise was
/ manifested in the Court Room. Briefly stated,
| the defence was an attempt to dlscredit the
| States witnesses in one part, and in another to
prove their physical impossibility 70 perform
| that to which they had sworn. They also proved
| by MIR. Floyd that q reward Of 5000 had been
| offered by the bank for the apprehension and
connection of each of the burglars, or any one
| of them. -. a.
The main efforts OF the Defence were directed
| to the dsproval Of the testimony OF John Lun-
gren, Policeman Carbury and his two daughters.
| 10 dscredit MIR. Lungren's testimony Thoe u
| Hawkins testified that no cornered three OF the
burglars in their flight, and that it was too dark
| to distinguish even friend an arms length DIS
tant. Against the testimony OF Policeman Oar-
bury was placed that OF VIM II. Holhngsworth
who declared that he was 6ithin few feet OF
1 u
sible for him to distinguish the man who dealt
the blow, although he notified MIR. u
of his imminent peril. And to
discredit the testimony of the Misses Car
bury Patrick Lambert was placed in the same
| position in which they had said they saw the
| prisoners, but testified that he could see no one
Robt. NJ. Begge could see an object, but could
not say whether it was man or post.
THE REBurrAL TESTIMONY.
The State was very brief in their rebuttal tes
tmony, They had conceived the same idea o
testing the accuracy of the vision of the Missei
Carbury, and Mr.. Lore and Daniel FArra under
took what Patrick Lambert and MIR. Beggs at
tempted. Placing himself OH the top steps o
tile area-way, MIR. Lore sent Mr. Farra to thu
back window in MIR. Carbury's dwelling, and a.
he stood there Mr.. Farra testified that he coult
see Mr. Lore distinctly, almost to the knees
and recognize him or any one whom he knew
standing In that position. MIR. Lore then de
scended to the next step, and MIR. FarrA sai'
that by placing his eye close up to the side o
the window he could zee one half Of his body
| length wise.
VIM. II. Hollingsworth, in his evidence, ha'
stated that he was standing close to Mr. Gar
bury when he was struck, aud that some hye
elk shots in all had been fired. VIM IL, Brad
| WAS recalled and deposed that he was following
Mr. Carbury and that he saw no one in tn
street with Carbury at the time he was struck o
shortly thereafter. Robt. o. Fraim and hobt
| D. Hicks both testified that there were but thre
shsts fred and this comedies with Mr.. Gar
| burys statement.
And thus the case stood at the opening Q
Court, this morning. No more testimony WI
| be admitted, but the counsel on both sides Wi
deliver their addresses to the Jury. verdic
will not in all probability, be reached before tS
| morrow.