Wilmington daily gazette., 1873-12-01

about the elements Of burglary; then
take the evidence ar ..Ie whether that crime
ted. The first question e, was the crime commit
ted as was alleged II might be that the proof
has been presented to you, thai It was but let us
take up the elements Of the proof. All the wit
0esses have proven the crime was committed after
night, and on a:darK and rainy night. The door
of Mr.. Foyd's residence were bOltsd and the vim
lows closed. Outside, as has bsen proven, it was
very dark and rainy, and II was BY q Gpecia.
circumstance only, BY the light Of lamps that per-
sons were recognized The point OF darkness Of
the night then, Is clearly proven.
The second point for you to consider ia that
this was dweIling-hoOse, Mr. Floyd was cashier
OF the bank, aud for compensation, received, in
addition TO a salary, the use OF the dwelling poT-
ton of the bank building. Therefore, you will .
satisfied that this offence occurred in the nigl 9
time, and that dwelling house was the object OF
attack.
Ths third point is the entrance Into the house.
The law on this point is clear, aud base my
marks of the facts OF this point well establlsh
ed law. When house Is entered by force, it
ueed not be by the mashing down of q door, but
the smallest amount OF force will establish the
grade OF the crime. Even if the owner Of q house
shall open the door, through trick aTtifice, the
grade OF the crime remains the same, and the Tor
chile entrance is proved.
II you ind that by reason of any act OF these
men, Mr.. Floyd opened wide the door, 1t is still
burglary. Therefore, you will see that this term
Of breaking does not signify entrance OF tOrcs
NN~eASN
of'entenDg, by whatever means. The law even
goes to say that even II the key was obtained by
the burglar. the offence Of burglary would remain
Mr.. Bates then reviewed the circumstances OF
the attempted robbery. aud the testimony Of the
witnessesI as TO the eLtraace into the house, and
impressed upon the jury, that il Mr. Fieyd was
! induced to open the door, by any act Of the men
It constructive burglary; If they forced open the
door, then II u, in addition, an actual burglary.
The various circumstances Of the entrance were
reviewed. the gentle tapping at the door, entirely
non-suggestive OF persons being outside, with
Violent intenhons the unbolng OF the dooE,it for
/ chile opening by one OF the me0, and the entrance
| OF the others, the fact of the opening Of
| the door, from the outside, before Mr..
| Floyd had time to open the door, the
| knowledge of Mrs. Floyd, that anybody at the door
had no right there, from the fact that she was
| aware that the gate was bolted; her testimony
TO the entrance Of the tall man, Immediately upon
the unlocking of the door, on account Of the arti-
hce resorted TO by men outside; the Explosion Of
the hypothesis that the wind caused the "tapPing
at the door," by the fact that when Mr.. Floyd
went to the door it was opened, and he found the
men there; the entrance, the force the pistols. and
the chase of Mss Hates.
1 The other question, is as to the intent OF
the men entering the house II those prison.
| ers at the bar are the men who effected this
entrance, what was their intent? The men
who entered this house, did not do so With q
lawful purpose, but there Is nothing TO indi-
cate that there intention was only to rob and
beyond threats to insure silence, there was no
intent to do personal violence. But the tools
LETT behind are sufficient evidence OF the intent
Of the men who entered.
The next question Is, by whom was the
offence committed the four men referred to
In tho evidence, have been found together
the reason for them being together, has not
been explained and the only explanation
is the common. design to enter the bank.
; The circumstances of the case are without
: I explanation. None of the suspicious clFcum-
stances connected with these men, have been
explained away. We have every transaction
to connect these men with the city Of Whining
, ton, and we have other transaction TO show
that they had In that city, no lawful purpose.
but were connected wish the circumstances
! of the case we are trying. No evidence hal
1 been produced to prove otherwise.
1t has been proved undoubtedly that therG
> | we're i've men concerned IN this case. -Four o.
them are here. One Of them, unfortunately, 4
not.
, The pu. suit of the men after the attempted
: robbery. aud the probable course taken BY then
e was described by Mr.. Bates, miautey, from
: plot Of that section Of the Bank and Ninth anI
!, KirkWood streets, drawn by Mr.. FaIra. FiV
8 men were traced over the course between theB
two places, and there is nc doubt, that thes
were the identical five men who went TO thi
= house. And the inevitable presumption il
: that four Of these men are the prisoners at th'
' bar.
One of them, Carter, was recognized, al0nI
r 4 the route of pursuit. Me-. LObdell recognizes
K him on Market street, In pursuit Of Ma
{ Hates, and Mr.. CarbeFry recognized him
while standing In the gaslight, just preViOu
9 Mr. Garberry testified to seeing three as
o sailants, and hearing three shots. Mr.. HOl
C llngswOTth, for the defence, testifies that b
7. saw only two assailants, and heard five shots
e Mr. Bates cOntTasted Mr.. Carberry's brav
b 1 conduct with Mr.. HOllingswOth's running
away, and drew the inference that "a hTaV
D man won't lie." He went close up to the ai
IS tacking parties. while uollingsRorth RI
n across the street.
e to observe closely (rhe articles found along th
route of pursuit were exhibited 10 the Jury, en-
their resemblance aud connection With the article
N found in the trunk explained, As evidence, tha
the owners OF the latter were the mon Who onteI
10 ed the bank The sectional jimmy Was put ID
70 gether. three gags and the glmlet found in u
robbers house were also presented and th9 bEeatl
70 ing holes bored through the gags found 70 be,
~ dismeter the same as the gimlet All the othe
O. articles were examlned IN like comparative maI
q neT
to Ne. Bates then reviewed the rentlng Of the hOa
o. at Ninth and Poplar streets. l0r an asBumod pu
of pose and the Identification Of the renter Of th
~ house as the man who rented the h0uso ~ Mint
= and Poplari the connection OF the two hOnsei a.
TX tools In the other; the fading Of the key Of u
he house at Ninth and Poplar in the house 1t Mini
l." and KiEkWOOd the brass hllngs en- the ale ioHI
y certain marks found on this key; the key Of 9.
es house at Ninth and KirkWoOd streets given BY n
9SdA Tin e s ound n tawsPs pSsSs hs pre-
White" ali these facts were deseFibsd as traces
"a crime which lead TO the identification OF the erin
sh Bat this eircuustautiaI testimony Of the men vii
" both houses. not al that & Ieled aPon. Ias re