Wilmington daily commercial., 1873-12-02

the State ask YOU to believe there
we're men there on pretenoe OF husiAessF
II 1t be law that man may commit bnLgiary,oy
fraud these men did not know it. There was
no inside aid 1t was force throughout. When
these men went out on that bold raid that
| stormy night. they meant force and ! want you
| to tear the sophistries OF my learned opponent
intotAtters. II was but the furtivo tap OF the
tbiefto ascertain the safety OF his course.
Now are these the men who committed thls
| crime ?
he saw a man chase girl in store. Here L
| think his knowledge ends. And Afterwards he
commits the abeurdity OF recognizing man
| masked on dark night, rainy and stormy and
this latter part of his testimony only brought
Take the evidence Of Best There has been a
reward offered, and know no other way to ae-
count for some of this testimony. The proseou-
| tion place these men away down town, and then
| they place Best, the man who found the ruled
out letter, on the stand to prove these men on
the opposite side of town. This extraordinary
young man could only take refuge in drink, TO
show where he had been previously until ne got
| to 7th & Shpley, "when 10 and behold before
men be it told, /" this compendium OF drink comes
across two men who say ''some OF us Will go Dy
| water and the others by the pike" Such words
| he puts in their mouths and further he singles
out Garter for the men he recognizes and then
passes on
What else now ? The question of the houses
The State think we have made some mistakes,
l
| very common key, and the learned counsel puts
| IL in a lock and saws 10 and behold "This is
the key" Then they fall back on Mr., White.
| and he says it is a bent key but don't know
| whether his key was that much bent.
| They say that the prisoners have been seen
/ coming out. of those houses well, first, we
| have the Oarberrys. want to be fair TO them
/ The Carberry knowledge is always specific, and
i lever has any doubts. They know the time
| they know the men--they always look peo-
pie square in the face on dark night.
There Is another peculiarity they never men
| tionsd this knowledge for two or three days
/ What does Miss Catherine say She says that,
rhe Was sitting at her window anG saw Carter
/ aud Hurlburt come up those steps, walk TO the
| end of the yard on the pavement and saunter
| back Ten minutes after, her sister comes In:
| and her hands are on the back OF the cnalri anu
| she secs them.
Nj Higgins renewed hero the testimony Of
| Mr. Farra that when standing in the position sta
i ted by the Carburys he could not see any one
| Who will you believer He suggested the excite
ment Of the OCCASION; the incentive which the
/ Uarburys might have to supply this vital por-
| ton of the testimony.
Miss Carbury says she saw Garter at the house
at q l5 while Lungren swears he saw him MIN
at 6. 10 at the bank. Here is beautiful case OF
| swearing. Gentlemen, scan this testimony.
Miss Bennett and Mr. Clark believe to be hon
est. Yet the former says that three squares on,
she saw these men go into that house and that
ID a distance she could not see. Mr.. Clark says
that two went around the corner OF Ninth and
Klrkwood They walked down he watched
them and two turned the corner and two went
to Spruco st. There is nice conflict
Henrietta Harman SAWS that at 513. A. M, De-
fore the light of day, she saw Hope one square
off, enter the house at 9th and Poplar! Mr.. Akin
must be mistaken in his belief that he recognizes
| in Hope the buyer Of the stove. MIR. Hollings
worth contradicts Carbury's testimony, and the
State summoned him. He is their witness.
Now as to Lungren's tale. He wishes to make
| us believe that without the aid Of any light
he could recognize men ne
never saw before. A likely tale.
| Mr. Hawkins tells YOU he saw the men run
that night, and was speaking to them, and he
codd not zee them.
have shown you there was no breaking, no
identity that night, no connection with the Ninth
| and Poplar streets house, and, therefore, there
is clearly in our minds, thrown into your minds
that doubt which will not permit you to hnd
them guilty. These men have been hurried TO trial
without any op portuniti 8, but they are as yet
covered by the veil of Innocence and we but ask
you to try them by the merits of the case.
AS celebrated lawyer once ssid have against
all this array of influence q few little words and
that is Observation-Disclosures They
are little words, but they have great power. Mr..
! Higgins closed with an eloquent and Impressive
perOration urging the necessity OF deciding
; without passion in behalf OF strict Justice.
MIR. OByrnes speech.
, On the reassembling Of court this morning
Mr.. o'Byrne began his address before the Jury
|
Counsel for the prisoners and showing the pos
sibllity OF mistakes in circumstania evidence, b!
: quoting actual occurrences OF such.
+. Mr.. o'Byrne then proceeded with his argu
ment. Has the State proved case Befor'
discussing the subject, shall cast aside all the
. upholstery Of this case. and meet the true issue
. First, are these the men who entered tina
bank that night, and il you have no proof OF tina
= | fact are they traced by an unbroken chaln u
l. | nd from the Bank Let see,
. Ihere is one fact not disputed. There was al
d | attempt to rob the Bank OF Delaware. The Stat
:. have produced four men to raise presumPuoI
that the persons who were In the vicinity OF tina
bank we're the robbers, but though that be prot
% able you cannot rest verdict of conviction uE
% ON it alone. -,,..
l. Mr.. oByrne ere'remarked the inpossibilit
I. of Mf. Lobdell identifying Carter, and eharae
T. terized his statement that he did 80 AZ born
l. popular feeling aud he compared 1t with MI
N Floyd's statement to show its falslty.
<, The counsel proceeded with his lnyestigat 10
ID of the testimony, showing its impossibiities an
is Inconsistencies, and claiming that some OF II al
al not coiucide with that given at the Mayors heal
as ing of the case. Then calling for the tools. h
said there was no necessary connection DetWee
r. these articles. They are to be found in ever
h machine shop and ship-carpenters YARD ID tn
ks land Without this piece found in the house 0
IS, MIR. Floyd's the jimmey found at Ninth and FOL
so lar is complete in itself. Because they got
| gether is no argument for you TO beleve th'
d. they necessarily belong together.
III MIR 'Byrne then took up for consideration I'll
as connection between the prisoners and the houi
10 at 9th and Poplar streets, promising as the wi
OF nesses we're ladies be would deal with the
ti- gently but II they were men he would handle vii
lat out gloves. He claimed that their statementswe
he impossible and unnatural, and that for this re
ch son the chain was broken and the connectit
an severed.
W. The connection made by the key, he al
,rt claimed was broken, for he said he was instru
is ted to state that the key which was found
/ nkt. IFtrlFa fn1
nd the lock at 9th and Poplar.
ch At u o'clock. when our report closes, M
ls. O'Byrne was still prosecuting his examinatl'
lb- of the testimony offered by the State.
on
lal -
ITsoN 4 GOA CELEBRATED