Wilmington daily commercial., 1873-12-02
FIRST EDITION.
THE ATTEMPTED BANK BURGLARY.

| Hld AnDuhbsi THIS MphNlNo'
We continue our report OF MIR. Bates speech
| from our late edition Of yesterday;
| Can you have any doubt to the identity OF
| these men Can you doubt the tracing and
connecticut But, again docs not Mr.. Hope
| buy a stove ana does not Mr.. Aiken identify
him as the person who bought 1t, and ia not that
stove found at Ninth and Poplar We're not
| Hope and Huriburt seen coming out OF that
house by Miss Carberry. call your attention
to the effort made to impeach this ladys testi-
| mony, aud 1 think MIR, tarra conclutively an
| swers the defence upon that point. | do rot
wish to question MIR. LAmuerts testimony but
| Just remark his ignorance OF the points OF the
/ cumpasH although he has lived III this CITY
since 1854. Icite Burden .vs. Pickwick IN Mr.
Martha Hinesley hears these men in conversa-
| ton say that it is time those men we're here
| as the Philadelphia train was in. Oatharlne Jar
| berry sees them aud recog nizes Hurlburt and
| Lawler aud Lungren sees four at the gate at
| the Bank, Uust before the sttempt,) and ne re-
| cognizes Hope aud Hurlbult.
Where was the fifth man? He may have been
looking through that window. counting the
| family as they went down to supper or ne may
not yet have joined them
| But what were these mon doing there ke-
member, our witnesses are not yet lmpeached'
| And again. MIR. Lawler is once more liked upon
| that corner ioccupied by the Weed NJ. Co,
watching that Bank Again, these TWO men,
| Frank aud Hope, are recoglzed III SIMPLIFY 81,
| debating the means of leaving this city. Com
nect this conversation with these men In the
dock. -
At,5k A. NJ, on Saturday morning, the day
| after the robbery. does not Henrietta Harman
| say that Hope came into her shop, bought WOOD
| aud leaving her house enter luto the house At
| Ninth and Poplar What better means of re-
| conn.tion than the actual watching. ln hVe man
| neTs are these men recognized, Lawler is seen
| Dp Miss Huntington, Garter Is recognized by Mr
| LodbeIl. then Lungreu sees two at the Bank
i ,,An ahn eNDlalueu but now
/ ii is too late. Mr., Best, too, has recognized Gar
/ ter and Hope, and tins recognition aud tne con
! yeThalon lIo heard ls sufficient IN THIS case 10
| mold these men III the bonds OF Justice
| Aud now, gentlemen, what ID the defense
/ Our oppunents have done all they could, but
| lneir case ls bad The counsel who opened TO-
The prisoners talked of prsjudgment but tlat
/ can not ansWsr this case. Ii ID no defense. ne
/ NAV talk day about prejudice and sun you
i want facts, and without facts We must beneve
/ these mon guilty. Ii our witnesses, as tbey say,
| are unreliable, Tor Gods sake petition the LeBls-
| ature to abolish your courts and u'spehse MIN
| the whole machinery OF criminal Justice; lney
| .ay the might was dark, bnt did not Mi. Lobdell
see Garter IN the glare Of the hight, and Lungreh
| toll you the same. -
| Uou,d not tjarberry SEQ Garter when he turn.
I'd IN tfIt, iiRtt to deal thst deadly blow 2 Had
| sir HulliuEswurth and his fIiends been more
| brave, they too might have recognized Mr' Jar
| er We have been cAreul to show that Wher-
over there has beeL recognition, there has
oeen street lamp close by.
Now, gentlemen Of the jury, ask the learned
counsel Tor the defense II these are not the men
wnu are guilty, who are Ihey are strangers
| What IA thelr business Why were they in Ihene
houses and why did ono of them strike the ON
ser of the law aud attempt to shoot nun III al
IitIOu What did MIR Lawler hnd so interest
| tnr ON the corner uf 6th and Market What
| was their business hudded up at area OF the
| ',arIlsrthat yary might What mean these toos
| .nd what do these men want with sdcll lmple-
| lneuts Put tnese qrestlOhs 10 the couhsel,
| and il they taIl TO answer them you nave your
| luty to this State. They must answer not only
| lue but all Of these questions are necessary 10
| Je answ cred in order To prove their innocence.
We do not stand here rep esehtlns an Abstract
| principle called the state, but We represent your
| ,amlues and yourselves, protectl IA az alnst the
| .ttnels nf aIeh ruffiaus as these. We wish to
| Ieter Others by the penalty which shall Iaii
upon these men. And III the name OF an lhh'-
| uence Ia the name oi men now tiempilnB ol
| he bnuk Of crlme waiting for the clearance OF
| iI7ose men IN uue them on /; in the name of these
Two thulgs, ask YOU to carefully cohsluer tnese
! | facts.
At the conclusion of Mr.. Bates address the
PRISONERS wore remlndel to tue custody oil the
/ 5herrtf, and the Court took recess uhth o
! o'clock. ,
Upon tho reassembiing of Court, after the
recess yesterday, Mr.. Higgins began his ad'
dress to the jury, and after his Introductory re
| marks in which he stated that he was not en-
4aged in the case to palliate the crime but ts
: jbtalu Justice for his clients as far as he wal
! | able he proceeded with his argument.
. Now what is our defence the learned coun
AL appears to have misunderstood my remarks
u We say that it IL necessary to show thAt INT
{ house OF Samuel FloS WAS burglarlously entere'
= on the nIgut oil the 7th OF NovemDer. MIR
| higglna thea road from the slAlules Vi Dela'
ware and continued
l. 30, il is WITHIN tho power of the Atty-Genl. t
iualvt these prisoners for entering with intent I
steal but ne mas rot chosen To do So Out mas III
10 dicted for burglary and, Therefore, must prove II
| Even the laW wlll enable to ind these men tauil
y | 1888. There must be- a breaking, actual or con
a | s,ruotrve. An actual breaking Is by force, eve
| 10 nit a latch. In order to show an actual breah
| ,ng YOU must show that the bolts were move
B. or the later lifted. constructive breaking
a. | w fraud or arunce; any fraudulent use OF leg
u process may be sufficient 10 define the ouense
l3 | burglary. .. - g.
/. | tter lhan tlI;s; Where Ihere has been knocl
s. | lug on preteuce Of business, the arllnoe woil
v lie fraud and as no such pretence OF bushes
ut 1t was therefore no breathing Ii thelr hollors
III charge, that euds the case.
id But was there any other breaking 1t 10 at
,nittcd on both sides that tue hitting OF latc
is an actual breaking. Was there 30 much
that Z The COUNSEL Indicated that lhucn th
morning Recollect that 1t ls no question
probability, nor should preponderance OF TEST
tnuny sMerVe you. but you must be. .satlshed IN
tIley raised the latcn. Vino SAID they did but II
| nuuusgl one Dlu MI HlOIu soy eo' ANo SN'
,la | VOID left vnls lips. lie WAS too honest a IN,
'iu to say an tutrutn. He says he does not kno
m | DJ you and cah you on your oath controVe
- ms testimony Neither Mrs. Floyd, or ME- 81
=, ter. or Misses Kates or ChaTcon, say SO
at exists solely in the Imagination OF Counsel' al
ID [ am surprised that lie should attempt 10 PAT
" nu a broken link with such evidence as Tn
rhat is all the evidence they have on this su
iect, when they have placed iodr witnesses
inc staud, none OF whom swear as to an aclu
vii | breaking. 49,. nut. l.. =
as. | kernel of this cause cite an authority wnl
~, Aptly states this subject. Here the cou
all sel read ArchiOuld on Criminal EWden'
III Let us look at tine facts. On the hlBht OF
ne mn Of November i've men cauie to Ar. floy'
u'i door which stands on the N u. corner Oh
aud ,larket, fronting on Market st., with 81
lew entrance aud area enclosed by a bilck wa
Uy This AZ the entr4nce to the room described as
suuuer room. Now tlat night this room v
hermetically sealed. and who could tell who
there. 1t is not a room by which any pers
ala would attempt to gam entrance by trick put
~ other means.
10 Lei us turn this matter over. Fraud is a
sal SAL cessary ingredient in this case. Ordinarily
re- case does not come under your notice. But }
on ons nave 1t now before you, ,and the question }
seu are to pass upon is whether these persons
eh' tartaued in their minds the fraud, and dld Il
act upon that entertained fraud But II y
/ -1.--.ts. ,t,axy did unt make q noise, w