Wilmington daily gazette., 1873-12-01

the window Of Carberfy's house.
CrOSs-examined--lsooke and could not see 4
the man on the steps was sitting on the
side OF the window next to the Christiana
the window looks out over the yard think the
yard runs In q southwestern direction was
standing at the side of the window next TO u
Ma Tket street; looked right straight along the
side OF the wall don't know that the man 4
was standing on the area steps, was told that 4
there was man there.
VIM. Hope, recaIled-I stood upon the area !
step Of the house at Ninth and Poplar streets
while Lambert went In 20 try to see IL he j
could sea me also while Mr. Beggs went in !
to see stood up Ia the usual position did 1
not look particularly towards Carberry's win /
dow.
Patrick Lambert was recaIled-Two women \
were in the room when went there Mr. /
Carberry told me they were his daughters
one Of them instructed me which position to
take at the window CarberTy said he could
see somebody, but could not /; / took Just the
position was instructed to take my eyesight
Is good. taFEF Ea
Robert II. Beggs, sworn-Was In CARRIER
ry's house, this morning; saw Mr. Carberry,
his wife, two daughters and son l went to
| the window facing south asked AIRS. CARRIER
| Ty to place the chair as she was sitting when
she saw the men l took the position she In
dicated, and saw the upper portion Of man
standing at the top OF the area steps; could
readily see man walking up and down saw
him walking TO within q foot OF the area had
my face csOse to the glass; could not see the
area, IL sitting foot from the window.
CrOss-examined-The sun was shining In
| the window, and had to change my position
1 to avoid the sunshine, l saw q portion of
the man on the area steps; am short-slght-
ed.
The defence here offered in evidence an al
manac showing that on Nov. 9TH, the sun sci
at 5:13 p. NJ.
Julius Krauspe swOrn-I live ct Fifth and
King, Wilmington, lam gun and lOcksmith /;
am familiar with locks and keys (the key
Of the house at Ninth and Poplar was shown
him) 1t is common kind Of key, but on the
order of skeleton key 1t can open great
many locks, on account of its shape 1t is a
very common key. t- r-Sf 3. .-
. Daniel Farra was recalled by the State-I
was at Carberry'S house this morning tried
to see from the back window, q person stand
ing on the area step could see the upper
portion of his body as far as his hands conld
, identify him could see him step down one
step; ana while on the second step, could see
one side OF the upper part Of his person could
! see him leave the area, and start down the
street could readily recognize HIM.
Cross-eXamined-Suppos that l could moi
see the area, IL sitting in an ordinary manner,
\ at the window; think that it would be lmpos
! sible to see the area in tlIis manner but by
placing the face against the window the area
steps can be seen.
Robert c, Fram, recalled-On the night o.
November 9TH, heard three distinct pistol re
ports, near Eighth and French were certain
; there were only three reports.
Robert D. Hicks, IsWOrn-MY house is th'
s : Sd door from Eighth and French heard onll
three shots, on the night mentioned.
y VIM. II. Brady, recalled, and testified Il
!, seeing no person near officer Carberry, afte
he fred the shots at the men who attacke'
him.
e TIE above three witnesses were recalled 70
|. the purpose of rebutting the evidence OF ME
HOllingswOrth, who swOre to being present 3
d the attack on the OfaceT, and to hearing fou
" or q ve shots.
X The evidence for both sides was then an
nOunced to be closed.
The prisoners were Temanded to the custod
Of the Sheriff, and the Court adjourned unit
y ! Monday, at 10 O'Clock.
The members Of the Jury were discharge
= until this time, and instructed by the COHE
ton with any persons, on the subject OF tn
trial.
!, NEW CASTLE DEL, Dec. lst, 1873.
y Notwithstanding the lnelemtnt weather, an
the fact that the evidence in the case OF the alleg
" ed bank burglars is all in, the crowd around th
I. court house door, this morning awaiting admit
ance, was as large as on any morning OF the tria
:, and the court house. Immediately after the oPenin
= of the doors, was crowded to the usual extent.
y Tue court was opened few minutes afler te
y O'Clock, and the Sheriff was directed to bring th
a prisoners TO the bar OF the court. Though ul
y bearing of the prisoners was as natural and ma
Eectcd as ever, there was an appearance OF anziet
!, depicted upon their eountenances.
The mcmbefs of the jary then answered 10 the
=" names. Tho Attorney General directed the trun
"A and all the other articles offered In evidence TO
- brought into the court room, which was done.
The argument for the State was opened b
- Deputy Attorney General Bates, who said that
deemed il proper to state the understanding OF II
y principles of the Law Of this case, held by u
- State, and the authorities upon which they rel
~ stated to the jury at the opening ofthe case u
's nature of this case and the statutes under whiC
- It was to be tried.
n There are four counts in the indictment, all n
" lating TO the same ofense. The first count alleg
IN | an entrance into the house Of SamH Floyd, wii
% burgIarous intent. The second, lays the proper
as that of Saml Floyd, and the attempt to tai
money or property OF the bank. The third alleg
the attempt 70 take goods and chattels of San
Floyd, aud the fourth relates to the attempt
of property of the Bank Of Delaware.
no will refer to few authorities. First-as
AZ the means, whereby the entry was effected O
he actual and constructive breaking by means of
- uRce. or trick have been proved. Construct
se breaking may occur. lst where entrance 10 Obtai
in ed by threats; 2nd, opening on account OF vi
nd lenee; Bird, when seTVants are induced to ope
M 4th, when fraudulent legal authority is Tesorted
"a TO require the owner 10 open the door. This Dc
~ tFine is q very old one The first case know
80 wI cite il u similar to the one present
IN here. 'Iammotts case. before 1855, thieves can
n with intent to rob, pretended they came TO spe
,s1 20 the owner, and the u.aid-sorVant opened /
nv door, the msn were Adjudged rObben and hangeC
an missiOn, it Is burglary The following authOFt
M lst, Russell on inire, 792; 2nd, LAmmetrs eai
3rd, Hawkins, ehsp. S3, sec. 8, Casey d POtte
,eh case, 62 Il 63.
.SS 'SS Roswe's criminal evidence, Ssi; Dlaekstou
,sn commentares, 227; King VS. Briel, first Britt
Crown cases. 400 On the subject of breakiI
H-a