Wilmington daily commercial., 1873-12-01
FIRST EDITION.
the ATTEMPTED BANK BURGLARY.
ooNoLUsIoN OF THB rEsT1Mo:;Y-THE COUNSEL
row ARGUING THE CASE BEFoRE THE JURY-RE-
lvIEw or THE TESTIMONY.
Couar Room. NEW CASTLE, Nov, 20.

AFTERNOON SESSION. l. til.l II
Court re-assembld at O'Clock, and the trial
was resumed, with a continuation Of the testi-
mony for the defence.
Thomas l.. HawkiRs sworn was in 9th st.,
between Market and King, when the alarm OF
the attempted burglary was sounded--in 9th
street east Of Sherwins office; ran down towards
Del. Engine house aud then across the street
when cornered three men who were rnnn-
ing along the street; then ran sdoThl to
the church corner and say the men
stop and look around was only about
feet from them the men, after stop
ping moment, disappeared could not reoug-
nize the men from their countonances; the
night was unusually dark could not have dis
tinsuished frleDd an arms length from me
eyesght exceedingly good on all occasions
don't know whlcn way tue mon ran; recognized
a MIR. Shears because he came up to me under
the g4slight at the church.
Cross examined; the men seemed TO be much
agitated; don't know whether 1t was light enough
TO discern their agitation.
twoon 9th and 9th; know Martha Htnesley, ,Jwho
lives ON 9Th street, recolect the day OF attempted
robbery; dou't remember that met her on the
7th;met her al 9th aud Poplar on Hallow eve night
and went with herto 9th and Poplar streets; have
no recollection OF seeing any men on that occaslon
saw Martha again about 10 O'Clock on night OF
the 2nd inst. at 9th and Poplar and again Walk
ed up to 9ln ard Popaf; saw three men stand
ing under Bas light, who walked away anu theh
returned with two others; said nothing TO men;
remarked 70 Martha that I'VE had better go
Cfoss-6 6Aamined haye known Miss Hinesley
since January aud met her often; don't recognize
either OF the prisoners as the men VINO STOOD un-
der the gas hgnt at 9th and Poplar
Catherine h. Heck recalled i've east OF the
Carbury's or one house further from the cor
ner al 9th and Poplar cant see the steps at
9th and Poplar from my window.
Orange
ST. was at Uarbury's hou5e, this morning sat
down at the window in Carbury's house for lhe
purpose Of recognizing officer Legg at the area
OF the house at 9th and Poplar but could not |;
put ewes close to the window and then failed
Cross examined sitting al the side of the
window next the Christiana window opens into
ward which runs back from 9th; the direction IL
southwest; don't know that Hope was standing
On the area step.
the area Of the house al 9sh aud Poplar MIR.
Oarbury was there; Mr. Lambert and MIR. Beggs
both went IN to test the vision and remained
there until was told to leave.
Mir Lambert recalled: two women were in
| the room at MIR. Carbury's, whom Mr.. q. told
him were ILLS daughters Miss Carbury placed
| witness ln position he Was to- look from Mr.
CaIbury said he could sec some one but witness
| could not. .
Cross 81 amined put head in position indicat-
| cd by Mos Uarbury, bat could not see any enc
| Robert NJ. Beggs recalled was i'll sCarbury b
| house, this morning. aud saw the family looked
out OF wndow whIch faces south, after sitting
down in position directed; could only see por-
ton OF ali OBJECT the area steps, but could see
| a man walking along the pavement; could not
say that the oUject ON the steps was man.
| Gross. examined the sun was shining in vim
i dow at time Of attempt to see.
| julius krauHpe sworn: live at 0th anu Hing
| Wilmington; am gunsmith and locksmith; am
faniiar with locks ana keys; key shown which
| he pronounced smaller than ordinary kind; 1t II
| Of the skeleton ktnd, Tue key was the one tounu
| in the chimney ut ON and kirkwood.
The Defence here closed the case, and the
State put In their rebuttal testimony
| Daniel FarrA recalled was at Cafburys, this
/ morning went to window to see ii 1 could rec
| unulze n man standing on the top step OF area
| AID did rec that Mr. Lore Was there could see
| hlA body Aa far down as the hands and could
| identity any man there knew could see about
| une-half the body on the second step; saw MIR
| Lore passing up and down the area-way and be.
| fore he got To areA-way could see hlm from heAo
| to foot.
Cruss-examinel sitting in an ordinary posi-
| ton could not by any human possibility have
seen Mr Lore; was STOPPING at the time; wheI
| you lay your head against tue WnuoWa han
| uistlngulshable
Robt. q. Frame recalled: on night of the It'll
heard three distinct pistol reports and no more
Robt ID. Hicks sworn heard three pIsto
shots ON night OF attempted ROBBERY from N,
mouse III SIN street.
| Nm IL Brady recalled was within or II
Geet when UarDury hred al the burglAr's; dl'
| not 500 a man III the street when the ofheer WA
| shot. 80, e.,
The testimony was here closed on both side
| aud the prisoners were Temanded to the keeplnl
| of the snSIn The Court was then adJournet
| untll Monday morning vt 10 o'clock
Present Aspect of the Gaze from the EVi'enoe
Nov that the testimony on both sides is a
in. it may not be amiss to restAte the materia
1 40, ,l,a Ata IN nj DAfAnna this
J ,ome more comprehensive idea of the case ms
be- formed in the hight OF the evidence Eve
, | before the commencement OF the trial thei
Was a CONVICTION in the minds Of the public OF
| moral certainty OF the guilt OF the prisoners
| and accordingly US n legal certainty has bee
4 | established or dissipated let the testimon
!. | winch has been gwen oeciare. We Will enuea'
:, | ar 10 present It la All impartial manner.
From the commencement OF the trial to Il
: | cl.e Tie identity between the tools found
$ the bauk bullding and in the street and thoi
| found In the house at 9th and Poplar stree
Ia, never been questioned Their connectio
| the one with the ulher, seems to have been a
. | nitted as a self-evideut fact. The onus or u
- | State til .refore has been To connect the prls
- ners with the house IN which the tools We
| fouud but they introduced some evidence
" | show that the two lots OF tools were portions
| one and the same STOCK.
w ruEooNNEorIoN BETWEEN THE PRISONERS AND T
TOOLS.
IN To connect the prisoners with the tools
prosecution submitted both oral and cireu
n stantial testimony. They put upon the sta
,yilne.ses who claimed to have seen the prist
Oh ars reueatedly Dutn going in aud coming out
the hunse ihe Misses Carbury positively sw'
N that about four O'Clock on the afternoon OF
s1tempted robbery they saw Thomas and Hu
ma | hart from their back window standing on
ae step of the area way which leads into tne MOI
At 9th aud Poplar Ltreets, and also Walklbg AT
"a, | the pavement III the direction OF oth 81. hoo
"a | NJ Eesgs. Mrs Heck, Anna Bennett anu III
ou tina Htuesey ali testified that they mac seen
or more OF the prisoners about the mousse "
led ,,,inr IN and ON the day succeeding the attem
lut ! I'll robbery, while some Of them were even
ternA OF acquautAnceship win the missing
I'VE | Andrews, or Wright, who was tenant IN TACT
All | M, house and wnoss connection with the p
nn.rs appears from clrcumstantial eVldeL
1,athariue UarDury testified that she saw Hun
o at a IL on the evening Of the attempted robDt
ing at az 80 h "a ma 10 i1er and asked her a qr
t;n,, a. sho stood in the door. Henrietta d
tar ,.n also s,yore that she sold kindling wood
18th Thnnas the morning after the attempted bu
larry. anu that lie went directly to the mouse
gth aud Poplar streets with II.
THE cIaouMsTANTIAI EVIDENCE OF coNEEorIe
full Lest the evidence Of the witnesses who sW
tothe identity between the men who were SEQ
ele- and about the house at 9th and Poplar aud
,r;soners should be impeached, the State
'us- aaitennted to encompass the prisoners VIII
Bhl cham of crcumstantAl evidence, aud
th,s and they introduced stove and