Wilmington daily gazette., 1873-11-19
NEw CAsr1r. Del, Nov. Is. 1878.

uuIlng tue Eeethk NlhAApl AAAalIeht OtahiS nerve
William Crow was appointed one Of the
Bailitis Of ftAe Court. j u
Anthony Higgins, Esq, counsel for the alleged
| Delaware Bank RObbersH stated that he had
associated John O'Byrne, Esq, with him in the
case.
They asked for their clients, the prisoners,
continuance Of the case on the ground that they |
were not citizens Of Delaware aud many of their |
| witnesses were out Of the State, and that the |
prisoners would give bail on the last day Qfthe
| term.
Ihe Attorney General replied, the case was
not in a proper condition for such motion,
as the prisoners had not yet been arraigned.
The four prisoners, Francis H. Carter, alias
Francis Mcdonnell Joseph -Lawler, james
Thomas, alias James J.. WATSON, alias James
Hope and Edward Hurlbert, were arraigned on
Indictment for an attempt Of burglary and each
plead mot guilty" The indictment contains
two counts, (l) for burglary OF Mr.. Samuel
Floyd's house, ~ Of the National Bank OF
Delaware.
Mr. O'Byrne moved for time TO prepare afi-
davits TO sustain the grounds of continuance
asked for.
The Attorney General asked that the counsel
for prisoners disclose their grounds for which
they seek a continuance as TO what they wish 10
rebut by these witnesses. The court allowed the
/, case TO go over till the afternoon and the
prisoners were remanded 10 the SherlHs custo-
dy.
Il After the opening of Court in the afternoon
i session the "Bank Robber" prisoners were
brought out and placed in the box. MT. Hig-
gins Of counsel for the defence read and submit
ted to the court, the aa.davits of the prisoner TO
the effect that they could prove an albi on the
day OF the attempt to rob the Bank.
Francis II. Carter made affidavit that he could
!. prove be was in Philadelphia on November
! mentioning the name ofthe person he was with;
a and that the public mind was prejudiced
& against him as TO effect the iuTors, and would
e thereby ieopardize for him an impartial trial
d unless he could obtain continuance Of the
: case.
: Joseph LaRler also made affidavit that he
was in New York City in the Brunswick Ho-
S tel" on the afternoon of the 7th inst. and could
= lprove he was at Jersey City on Couriland
10 street Ferry boat during that evening at z!
~ O'clack
~ Edward Haurberi that he was in New YOrl
te on November Z, and left in The midnight trair
=, for Philadelphia that evening. He also object
es | 10 being tried nov on the ground that pubi
ht opinion would present an impartial trial.
inl James Thomas made affidavit that he was
ss in Camden, n. j., and staid all night with
* friend there, leaving in the morning.
Mr.. Higgins said That the afidavits set fort
with particularly the absence of material viii
e nesses and what they could prove ; wlthou
Of whom itwOHld not be safe TO go to trial
Ia Mr.. Lore, Attorney General, objected
,u- l. The mode of application is not in accord
he ance with the practice of the State.
its .. The State has witnesses here to prov
he that one of CarteT's alleged absent Witnesst
for has been in Wilmington for several day
eci working upthe case
yer 8. The witnesses asked for by the prisoner
ort are out of the jurisdiction and the process
ng the Court.
lad 4. That the case was one of great grayit
onH bahhOnpd no CAouurt uOuld NOT alInVW a pO
tinuance, or IL granted, that it be for as short
I lOs, time as possible.
Ieu Mfr. O'Byrne replied, arguing generally f
a continuance till the neXtMay term of COuI
-; on the ground set forth in the afhdavits pr
IN sented to the Court
''h' The Court refused the motion for cont in
=, ances stating the defence alleged alibi was
~ good one if established. The parties allie
> az they were not here on the 9TH inst, aud d
The sire TO prove it by persons living out of 4
jurisdiction of the State, who cannot be reaC
y { ed by process of this Court, but who Won
nieh only come voluntarily TO testify for the pr
an oners
This is a sufficient ground to refuse the n
AXE ton. ReasODape opportunity will be Civ
tl TO bring witnesses and fair trial will be 81
her. en-. 1t Is not the characteristic of the peOl
OF this State 10 do otherwise than give il
aav htdl.
This day week (next Tuesday, was asst,
ed for the trial.
ents The four prisoners were further arraigr
es oil on an Indictment for assault and battery
aud November, Z, on Morris CarbeTry (pOlicema
sup with intend to kill. Each prisoner plead ."
ents guilty"
-kies TOlbert Pine, alias Sky Duke, indicted
nne larceny on October 9, 1873, of eight smOk
q a a pipes, two tobacco pouches, two tobacco DO
- 20 and four pounds OF smoking tobacco, the |
:, Po PSo perty OF George w. King, Of,WilmIngtOn
"alo arraigned andplead"nOt guilty" Waller Cj
PoI Inins, Esq., for the State.
"lna Sentenced TO pay restitution money, s II
per costs, to be whipped on Saturday next v
20 lashes, be imprisoned for six months c
A. ing 22nd of next May. and wear for six MOI
thereafter a conVicts jacket As an Duter la
o.ooi Of his crime.
Samuel Bush OF WILMINGTON indicted
ado the larceny On November 1, 1873, of
!; 10 pounds OF ttcap iron, the property of the
b,,ls w. Il Il, X. IL. To-, was arraigned and pl
mot guilty." tried and found guilty, AttOr
rke General Lore for the state.
/, IA Sentenced TO pay as restitution MOI
$500, aud costs, 70 be whipped on Satur
next with % lashes be imprisoned six mol
hank jacket for six months thereafter
oned Liquor licenses were granted during
take day 70 w. +. Griffith, Margaret Burke, b
; Ehe ard Zeller, William AlsentZer, Hugh
mani guire, Sylvester w. Clements and And
ntary Wilhelm.
.a REJECTED.
atlon Samuel Moore, John ChOate, John Door
'oAIu John Walker and Andrew Fisher.
99pS The following prisoners having served [
= hIs term OF Imprisonment were discharged
~ OF Sarah Il. Baxter, Rebecca Benton, CHI
enAS Myers, RObert bowling. William Cox,
.hHt aa Taylor, Benton Houser, Jas. Stewart and 4
thsk lteed.-White. 4
SesS- M1sii- Francis Pre!ty@aq, Henry Black. VII