Wilmington daily commercial., 1873-12-01
ro-Dny,s ProcesdInEs.
OPENING TO THE JUaY-MR, BATEs'sPEEoH.
NEw CASTLE, Dec. 1.

OPENING TO THE JUAY-MR. BATEssPEEoH,
NGw CASTLE, Dec. 1.
The interest in the burglary trial has percept-
IDLY diminished, il We would estimate by the de-
crease of spectators but still the Court House
ia full No doubt the inclement weather has
kept away some but still that would not sufici-
entity account for the decrease.
AT 10 A. M. the Court opened, and the
Judges ordered the prisoners TO De
placed in the dock The argument for the
State was opened by Mr.. Bates, who spoke sub
stantiAlly as follows
propose to state. brhsy, the principles of law
which apply to this case. We think them wen
settled, and would not allude to them, but that
[ deem 1t proper TO inform our friends on the
other side our views. II there is any desire on
the part of the defence to controyert them,
will lay down the autherties.
endeavored to give TO the jury on opening,
,he law. Burglary is the breaking or entering
house in the night time, without intent TO COM
init a felony. AS to the dwelling house In qnes-
| tion, 1 think there can be no doubt. We nave
drawn our indictments, stating both ways as TO
the property of the house. There are -FOUR
lat. Breaking into the dwelling house of Sam
uel Floyd, and with intent to carry away goods
| and chattels.
| ling house in Mr.. Floyd but makes the intent
Que to steal goods and chattels of the Delaware
| Bank. ,,
The Sd count reverses the 1st, and the 4th
count reyerses the second count.
now cite some authorities on the eubJect oi
burglary, defining it's elements. We pass the
question OF night time, that being clear. refel
10 lat russell. p. $780, defining the crime and the
criterion by which to distinguish 1t.
Now, aa to the breaking. This may be an ac
| tual or a constructive, breaking, and the State
claims both as proved. The case OF construc
tive breaking is we'll stated in Archbold, not
page 231, as follows;
/. BY threats.
| 2. By violence.
8. When entrance is obtained by servants.
A. Where trick is resorted to.
A constructive breaking, then, is where frau'
| ia used, and this ia very old case ana nut
similar case to this-La Notes case, prior u
1865.
| door and the Judges called the crime burglary
Fhe authorities we cite are hussei on crimes
1872; Hawkins, chap 3S, sec. b; Casey and Got
ter's case, pages 62 and 63; and Archbold. psg
33l; Roseoe's evidence, page 92i; Hawkins case
|. Easts reports. 4S5; Attn Blackstone. page 22l
and King vs. Price, LIST Grown cases, page 400.
Now on breaking apprehend the law mean
: | no refinement aud if any means are used I
| effect a felony or any one knocks at door haN
ing no business, and thereby the door is opene
| it Is breaking, constructively aud II the 200
| is half opened and pushed the remainder, IL
8 then an actual breaking. And turning to tn
n Jury, MIR. Bates proceeded as follows;
Cfentlemtn of The Jury; Iregret my ill-health o
the occasion of addressing you. 1feel emDarrasse
0 on this occasion, for to my mind the chain Is 9
q perfect that it needs no further word from mt
D and the defence having been such an utter fal
Q ure, is also a reason.
:. The qut stion is il the offense has been CON
mitted, by whomf II it be the prisoners at tl
A bar the solution Of this question is duty Cal
: upon you. Whereas, there has been much spe'
uation in this court room heretofore, this is u
y fist tine it has been presented for final adjud
. cation. We appeal to your consciences, this da
J, and shall present the evidence to you and lea'
it to you and your consciences. Let us togeth'
Investigate this subject, and deal fairly with u
y matter,