Wilmington daily commercial., 1873-11-28

Ahd Than struck bin oYsr the left eve With come
| WEAPON. Tha man on the right STRUCK him and
the third fred pistol directly at him. Witness
testified that there was lamp on the corner q
4 French and eth streets. and also on the corner
of 8th and Walnut streets; (recos nized the
| the man who struck him the FIRST, and on the
prisoners being ordered by the court to stand
| up. most postiv ely Identified Mcdonald As the
man, After being struck he staggered up
| against the fence aud ATTEMPTED to shoot after
them. Remembered that the Chief OF Police
| passed him. When the men had struck him
| they took the direction South to Walnut Street.
| Saw them pass under the lamps
This witness was most vigorously cross exam
| ined BY MIR. 0Byrne and Mr.. Higgins, and IS his
| testimony is very important we give the questions
and answers as fully az possible;
| Question We're you one OF the oticers who
| arrested the prisoners?
] Did You say TO Lawler in the examination be-
fore the Mayor that you are the man who struck
me?"
The answer OF the witness to this question was
equivocal, but be finally said that he did not ac-
/ cuse him.
Was there any ono else with you when the
/ prisoners we're arrestedp
| Barnard, Hope, and Sergeant Lake.
| Did that man, (pointing to McDonald.) strike
you. and do you positively recognize him as the
| one?
| do.
How do you know him to be the mani
l recognize him because noticed him particu-
| larly aud intended to attack him the first one
| when got up with them (mcsning the men who
| attacked him) and looked him square IN The face.
How far, Mr.. Carbery, we're you from the cor
ner when you saw these men 30 as TO recognize
Mcdonald?
About thirty feet, and about that distance
| from the lamps.
Did you not say cir, before the Mayor, that
the only way you could recognize Mcdonald
was by his hight and general appearance
Don't think that did.
Do you now say that you recognized Carter by
looking him square in the face.
| do.
Why did it not occur to you in your examina-
ton before to state this very important act
In answering this question, the witness was
somewhat disturbed but finally said that he did
net know.
Did YOU not say, in the examination before
the Mayor that You recognized the prisoner only
by his general appearance. height and the color
of his hairl
| don't think that did.
Did you on that occasion say that you recog-
nized him by looking him square in the facef
No.
How is it then that 1t did not occur to you
tben2
Il vas not called to my mind suppose,
Did you not say before the Mayor, it was too
de to see his countenance.
No sir.
When did you first see these men
Crossing 5th L French going towards Walnut
| Below the corner of 9Th & French.
Was it there that you recognized them
Yes.
Did you describe the man to any one.
did
spoke of his appearance to the chief of po-
+ lice Brady.
Did you tell the chief Of his height.
Don't remember
Did YOU state to the chief of police that you
hal seen him face to face.
. | Don't know.
Could you have described him.
Q believe could
| Thomas j. Mills, sworn-Reside on Walnut
Q street about eight O'Clock on the evening of No
A | yember saw three men running on the wes
. | side OF Walnut street my attention was first at
tractsd by the report OF three pistols, and CANT
/; to my door to ind out what the trouble was.
i William II. Odlip testified to having gone int
Il Mr. Floyd's house when the alarm given
u aud there finding section Of jimmy and gag
l. They were produced and idenlfed-the jim
,l my by the number (270) stamped upon it H.
d handed them at that time to George D Neal.
J. Daniel Neal testified that he was sergesn
It of police in Wilmington, aud corroboratsd MI
n Orllip's testimony IN regard 10 articles foun
It and the disposition made of them.
D Several witnesses were now called to testify
d to the identity of these tools as those found il
10 Mr.. Floyd's house on the night of the robbery
ID and notwithstanding Mr.. O'Byrne's energetl
10 objection they were admitted in evidence.
D; The Court then took recess. Upon re-as
ie fed that after the alarm was gwen. lie went int
)r ths house of Mr.. Floyd, aud there found hin
re Land-cuffed with his hands behind his back.
~ pair OF hand-cuffs were shown the witness, an
he said they resembled the pair which he assis
IN | ed in fling offfrom Mr. Floyd's wrists, but
" would not swear to their being the identic
r. | pair.
Id Officer Leary testified to the finding during
* search made on the evening OF November aft'
at the attempted robbery. OF the following artcl,
A | along the which has Drayinna
IL been described, and which is generally unde
j. stood to have been the route taken by the ro
r bers III their flight Four woolen masks,
Is cover the entire face; three pairS of bandcuff
re similar to those found elsewhere; two gags, OF
I'd coil Of rope and one sheath knife and belt
e; Thomas II arkns testified to the finding of
en blue wOollen shirt on tho corner OF Sixth al
or KING streets, on the evening of the 7th Whit
Ae had evidently been torn Off in q hurry. III
Id shirt offered in evidence
William L. Best testified to the finding OF
tie letter letter shown and recognizedl on Eigh
es street, between French and Walnut on the 10
10 | of November, near the place where CARRIER
or. was assaulted; it was offered in evidence.
lly Mr. O'Byrne, counsel for the defeuce, objet
5 ed, and made very able and eloquent spec
eli to the court against the admission OF the lett,
he Judge Gilpin, after consulting with his Ass
ciates, delivered an elaborate explanation to t
vi counsel of his reasons for the ruling the Oil
las articles in evidence, and then ruled the lett
INK out.
jar ee OOnNel testlueu " uuuiuk Ol
the pistol in his yard close to the fence, on the 8
i Of November it was found near where Carbel
my was assaulted
m William IL. Brady recalled, and testified to I
finding OF the trunks and bags in the hou
Vii corner Ninth aud Poplar, aud their contet
on we're shown to the court.
'm- flames O. Aiken testified to the selling oi
saw stove some five weeks ago to q man who rep
lug sented himself ss physician. The stove v
o ordered sent to the house, corner Ninth a
ed; Poplar. He was quite sure the stove tai
/ l from these premises to the city hall was the
led he cod. Upon being asked il he could ident
the party who bought the stove and also il
are was present, lie pointed out James Thorn
the alias Watson, ALIAS Hope, as the man, i
and created quite a sensation ii. court Mr.. Aih
we'd has not been known a witAess, and saw
the prisoners for the first time when they vi
to brought iuto court last Tuesday.
Sol Thomas Dougherty testified that he was
but the employ OF Mr.. Aiken, and delivered the stt
aw, spoken OF to the house corner Ninth and p
out lar Streets The stove he had seen at the
nth hall. He was quite sure it was the same.
ere az to the pipe with it, he could swear to it,
ny. ing been made by himself
en- Andrew Bernhardt testified to the taking
! Of the stove from the corner Of Ninth aud POI