Wilmington daily commercial., 1873-11-26
SECOND EDITION.
the WILMINGTON BANK BURGLARY.

COMMENCEMENT OF THE TRIAL AT NEW CASTLE,
YRsTERDkH-THE JAN IN THH COURT RoOM--eI-
LEKoE DIFFICULTY TO ENFoRoH@-0NE MAN COM
MrrTEp ron CONTEMPT OF oouRT-DRAwINo TEE
JURY-RxAkINAToN OF wITNKssns, ETC.
Especial Correspondence Of the Commercially
NEW CASTLE, Nov. rs.
Court rs-assembled yesterday afternoon, at
$50 o'clock, after the recess at which hour the
civil suit of Curlett %. Mason was terminated,
when the alleged Bank Burglars we're brought in
and their trial WAS proceeded with
The fow of people to New Castle had oontinu-
ed even until this hour and larger crowd had
gathered than was anticipated, The Court room
II possible. was more densely packed than in the
morning, and the jam was actuAlly 80 great that
the railing which protects the bar was repeated
" in danger OF being forced inward, and the
Sheriff was called upon to keep back the excited
assembly, filling the room to its fullest capacity,
Even the space occupied by the backs OF the
seats was eagerly demanded by the anxious null
kitnds. s
The excitement is simply wonderful. Although
II was expected that unusual interest would be
exhibited, few persons anticipated In any degree
that the feeling woud be 30 wide spread and 80
intensely earnest. The continued exertions Of the
Sheriff and his numerous deputies and bailiffs
are inadequate to keep down the uproarious ex-
element. tf.s
The Court room was packed to such an extent
that the Court was compelled TO order the bar
and pAssage ways to be cleared, which the Sher-
In found great difficulty in doisg. One person
caused considerable commotion in resisting
the order Of the Court. and Judge Gipin in
structsd the Sherih and bailihs to bring any
such as mads resistance to suoh order before
the Court, and they would be committed. Cries
of "quit orowding." .'stop pushing" could be
heard quite frequently over the room, forming
altogether suoh scene of excitement as has
never been Witnessed here before.
After the room had been cleared. and the dis
erder sufficiently quieted to allow the court to
proceed 10 transact any business, the presiding
Judge commanded the Sheriff TO bring the pris-
onera indicted for burglary before the court.
Az in the morning, they were all self-possesed,
but very naturally exhibited some signs of sur-
prise at the very large and seemy interested as
ssmbly which their trial had brought out.
Az this point the tumult was increased, and it
was some time before the case could be contin-
ued, after which little interruption the witness
for the State were called and instructed to oc-
oupy an ante-room.
The Jury was then called and the selection OF
. panel to try the case proceeded with. After
two peremptory challenges-Qeorge l. Guger
and Edward Stapleford-the following gentle.
men wero drawn; Jesse James, A. j. Derrick
son, Stephen ]. Marshall, j. A. B. Perkins, John
Cranston, Il. w. CLARK, Patrick Holland, John
Evsrson, Henry Olsarnand, W. s. Yandyke, f.
p. Racine and John Vail.
Deputy Attorney General George II. Bates
opened the case to the Jury, and stated that he
would proceed to unfold to them the means by
which the State would attempt to convict the
prisoners. Burglary, he said, was a crime well
known to the law, and that burglary with at
tempt to commit felony was an aggravated form
of burglary itself. There are four facts to be
proved in order to obtain conviction il it were
shown that such crime had been committed.
First The time must be night. In the eyes
OF the law 1t 10 night when 1t Is so dark that the
features cannot be recognized by the light OF
day.
Second. The place must be dwelling house
Third, the means must be clearly proven; a
breaking must be apparant. The significance OF
this term in the eyes of the law is not the gen
erAl one, but evan the lifting Of window or g
latch, or even TO gain an entrance by means oi
| fraud Is considered by the law s'breaking.
Fourth, the intention to commit felony must
be clearly proved, to eDtitle the State to a YER
| dict.
The frst witness called for the State was Saml
Floyd, Esq. cashier of the National Bank of Del
aware, who swore, substantially, As follnws: On
/ the evening of NOV. Tth 1873 about 81 p M.
| and my family, who reside in the dwelling house
/ portion of the Bank OF Delaware, at N. e. cor.
/ 9th and Market sts., Wilmington had abont fin.
! ished supper, when my attention was called tc
! . rattling of the door which thought was caus-
cd BY the wind. went to it, drew the bolt, but
| could not say whether or not raised the latch.
/ The door Was slightly opened, and tall man,
with uplifted. hands, rushed in, and commanded 81
lence. His face was mufled or wrapped up &C
/ as TO prevent my seeing anything OF it but his
| eyes. Thinking him drunk, concluded to &c
/ call assistance to eject him, when four Others
/ rushed in Immediately after the first and before
had time to go out. They bolted the door
seized me, and handcuffed me while another
| held pistol rear my head. saw another pis-
i tol. No other violence was offered me. heard
one Of them say keep quiet, and you shall not be
hurt or something to that effect, do not pre-
| cisely remember. Miss jennie Hates ran up the
stairway leading to the hall TO the front dool
| ION 9th stl. heard one say ''catch that girl.
/ My other neics had tainted. One of the mer
| sprang ap the stairway in pursuit of Miss Kates
| and very eoon the remaining four rushed GU
Of She room a. rapidly as they hal entered
| The alarm was then given. The whole time o.
/ this occasion could not, as near AZ can nov
Il recolleot, have occupied more than three or four
Il minutes, ALI the men were masked.
| Miss. Jennie Hates, [niece of Mr.. Floyd WI
Il next sworn and testified in substance as follows
| Just ~ We had about finished supper, we heard
the door rattle, and thought we heard some tap
ping. Uncle went to the door and unbolted 1t
when tall man, with face masked and up-lifteC
hands. rushed in and by uncle he being on tn,
| right OF men on entering commanding silence
1 He rushed across the room in front Of the doc
/ leading up stairs to the hall, and placed chai
| in front of the Aame, and with pistol pointed a
Auntis said, ''if any OF you resist, or make an!
noise, or attempt TO fescape, We will kill you.
On his entry he was Immediately followed b.
four other men, masked like himself. one o
whom hAnentfed uncle, while another hell
Ia pistol to his head. My cousin ha
been sick and tainted. The man at tn
stair door, walked around the table towards her
i slipped under the able and thinking saw al
opportunity to escape, drew away the chair an
apFAng up the stairs. When l had got to tn
top CT them heard one of the men say ''catct
shat girl" When got near the front door,
heard one call another one to come and hell
him. unbolted the door. and unfastened the
chain, closng the door after me as ran out OIL
the front steps. Ran along Sixth st. to Market
MP Market and into Mrs. Gordon's Trimming
store. The big man who first came in wa
dressed In a long blue overcoat, something lik
Soldiers overcoat, and had on blue pants.
wss not more than two yards from him
The Court had preVously said they would ad
journ ct O'Clock, and as that hour was at han
4 this witness was not cross-examined.
Court adjourned until 10 o'clock, tomorrow
the Judge charging the jury not to hold an