Delaware state journal. [volume] (Wilmington, Del.) 1870-1883, 1873-12-06
THE BURGLARY TRIAL.
Addresses Of Messrs Bates, Higgins,
O'Byrne and Lore,
THE ARGUMENT CLOSED.
The Supposed Burglary.
CONCLUSION OF A HIGHLY INTERESTING
AND EXCITING TRIAL.


braced the time between noon and the
Of the court, l.30, and pub
lished In your third edition, brought the
reader up 10 the opening of the afternoon
session, 3 O'Clock. The audience present |
was somewhat larger and more interested /
than during the morning and paid the |
closest attention to all that the witnesses |
said.
Most Of the testimony was rather dry, |
and had it not hetn for the "tills" be- |
tween counsel regarding the admlsslbility |
or iuadmissibiily Of certain testimony, II I
IA a question whether the large crowd |
present could have been held.
II was thought all the evidence would |
be In by last evening, but at the adj hurn- |
ment Of Court the Attomey-General |
stnted that the prosecution had seven |
more witnesses to examine, while the |
defense, although not having so many |
witnesses as the prosecution, will con-
sumo considerable time in attempting to
establish the innocence of their clients
and rehutting the prosecutions testimony.
The evidence will probably all be in
before the close of the morning session
to-day, however, and in this event 1t ls
not Improbable that the arguments Of
counsel will be made and the Judges
charge delivered by night. Should this
he the case, as many think 1t will, the
Jury will be given the case before adjourn
ment and will have a splendid opportu-
nifty on the morrow, In the sanctlty and
quiet Of the Lords day, to sitt the evil
dence and solemnly consider the facts
aud determine on verdict.
The evidence of the afternoon session
was substantially as iollows;-
George ii. Tyndall was the first wit
ness OF the afternoon. He exhibited two
locks from the outer doors of the Ninth
and Kirkwood street house, but the key
found with the pistols there would not ht
either.
Chief Of Police Brady was recalled and
testified that he searched the prisoners
after their arrest and took, among other
things, several keys from Carter and
Lawler, which were exhibited.
Mr.. Tyndall was recalled and shown
KEY taken from Lawler which fitted the
locks Of the Ninth and Kirkwood house (;
the key is the same as the one given by
the witness MS a man representing him
self as G. J. Wright.
Martha IIinesley, the lady who was too
much affected in the morning TO testify,
was called and sworn. She lived at 32O
East Ninth street, Wilmington, one door
from the corner, on Nov. 9Th there Is a
lamp on the corner, and on HallOw Eve
night she saw the prisoners standing
under the lamp, aud on the evening OF
/ Nov. Cd she saw them Standing there
again; she saw Carter and Hurburt there
again on the evening of the attempted
burglary; abe passed them a. that time
and heard Carter say 1T is time ne was
nm for the train Is M
She was cross.examined and said that
the last time she saw them was on Tues
day week, in the prison; before seeing
them on that day she descrihtd them &c
| MIR. Bates she also descdbed them &c
several parties, aud told Mrs. Carberry
on Sunday evening all she knew aOOu
the men aud what she had heard Cartei
saw to Hurlbert she was going dOwr
Poplar street to meet man when sh'
passed the two men last named. Sh'
met the man, but counsel woult
not inquire further, for fea
In would not be handsome"
she met the men first at the South-wes
corner of Ninth and Poplar on Oct. 81.
at about 10 O'clock shc was VITA Wan
Morelaud, who lives at 500 Poplar street
nt the time mentioned; the % Q
November she saw them again and wat
with Mureand at the time; on the 7lh
when she saw Carter and Hurlburt sh
was going down POpiar TO meet More
land.
James Carberry was then called an
sworn. He is son ol policeman Carberry
and on tue morning OF Now oth h
was in the house ut Ninth and POI
lar, and found q gimlet, two col
ehisels, aud a common case knife, whic
p The prosecution offered iu evidence
he got in the house through the celia
window and heard persons talking AL
walking in the room above; he went
! the noTse out of mere curiosity betwet
q and Z o'clock on the evening of the d
: temptei robbery he was standing net
. the house when TWO men came runnlT
- up To the house and went down the art
I way.
d liz was cross-examined but he tesiin'
: substantially as above he has often e
u tered hOuses Ia the ncighb0rhood out
Il mere curiosity, In fact has a peneha
u for this kind of amusement.
u Albert Burnite was called and swor
lie entered the house at Ninth al
d POPLAR in company with young Carberr
n on the day mentioned by him on
II same day he saw man, the one "
rented the house, come from the are
r. way of the building; there We're 70
+ boys who went into the cellar at the tin
Is and all heard people walking Ia the roc
ls above.
N Mrs. White was recalled. She 81
el that the area Of the house at Ninth a
us Poplar could be seen distinctly from \
Us Carberry's house.
to Catharine Heck was next called a
OF sworn. Sne lives at 3l4 East Mi
~ street, south side, three doors from n
OF lar, and the second house from the bul
I'm ing in which the burglars tools W
Ia, found she had seen several times,
at yiuus TO the 7th, a strange man about
us place on the Sth she saw the strar
IS. man standing in front of the house
re- saw four strange men standing close
no the building her little girl called her
IRE to see them, aud she recognized Carter
IN one Of the party.
)n- The witness was cross-examined.
he could not say that the men she saw
or the nelghboThood Of Ninth and PoT
II came from the house in which the tC
tni were found,
ial Robt. NJ. Beggs was called and swo
'ial The house In which the tools we're FOL
all ia opposite the witness Office and on
Gu morning Of the Sth lac saw Il man com
es from the area of the house who ioi
hat another man on the pavement; he rec
ain niged Carter and Hurlburt as the l
referred to above; he saw another m
known as the tenant, go In and out OF
houte on the same morning several tin
he Jeff the house about IL O'Clock for
ol last time. locked the door and put the
a.A @ In his pocket; he had seen the man
~, qurntly standing on the corner at seye
'ry oyr and Market
OF lie was cross-examlutd, hut notl
new was elected.
"a Hannah NJ. Bennett was called
tuu sworn, She lives at 335 East n
lus, street. Wilmington, and Ou the mon
anu of the Sth she saw short, stout
~ come out of the house after that
We other men appeared, went down \
'as' ''. street to Kirkwood, and entered the h
ses, where the prisoners were arrested :
uIe Identified Carter as one Of the men
raw by her. $1,000.
ray she was cross.examined, but test
SF substantially as above.
, u. The Court then, at fiYe O'Clock,
uia' w, mauded the prisoners to jail aud
ioll, ''1'' W. 5.
'hA' NEW CASTLE, Nov. 29'-The fifth
eat' IF the trial of the alleged bank burr
''N was opened this morning at 10 o'c
and as soon as the prisoners We're bro
In the prosecution resumed its cas-
the Introduction Of more evidence
Fri rather damaging character. The CT
ered present was about as large as tn
,ilier Yesterday and the interest maLiiest
lnsel the proceedings fully as intense.
sdic. WIN. Z. Orr was the hrst witness ca
was Being sworn he said he saw the prs'
, the on the morning OF the olh INST, :