Wilmington daily commercial., 1873-12-01
THE BURGLARY TRIAL.
Co, tinued from our FIRST Edition.
CONTINUATION OF MR. BATES SPEECH.

CONTINUATION OF MB BATES SPEECH.
Again. you may search this evidence in vain
fer any indication that these men were here pur-
suing lawful avocation but very fact proves
the contrary. Let us take up this chain First,
at MIR. Floyd's house there we're hve men, and
you will remember one who fol owed the girl and
four others who afterward ran from the house,
and went toward King street, and the same
number of men appear throughout this case.
Let me now take up the pursuit from the
Bank Of Delaware. They are located at 9Th and
King. where are found some OF the articles pro-
duced here at 7th and French, they are
next seen the fifth man having join
cd his fellows at 7th and King up French TO
Sth, down 9Th to Taylor. On Seventh street in
Mr.. Fraim's yard, are found the overaus: The
last seen there was the entrance OF two In tine
house. The pursuit was verv hot. for MIR. Gar
| bury was on the corner of 9Th and Market and
Immediately followed after the parties who were
| in the Bank, and consequently they had no time
| to consult together on that occasion, as to
| means of escape. All the articles which were
| found upon the route corroborate the case ot
| the State. Mr. Clarence Lobdell tells
you that he believes that Big Frank was
| the man who chased Miss Hates,
and Mr.. Carberry positively swears as to the
| identity OF Big Frank as the man who struck
| him, And here would call your attention to
| the attempt to discredit Mr. Oarberry and make
/ him not only the victim of the prisoners, but OF
their counsel. Mr.. Hollingsworth was brought
| here to contradict MIR. Carberry. Here IS man,
|
ly assault upon the officer of the law and yet
| renders no aid. Mr.. Oarberry will compare very
| favorably with the witness for the defence on
| this occasion .
Lungren also recognizes these men at the
| Bank wall. and Dolen and Lewis both see them
| at 9Th and King. Have you any doubt but that
| these are the men who escaped from the Bank
| and who unburdened themselves there. Now II
this case rests on circumstantial evidence L
| would say that when there are links in chain OF
| evidence in proportion to tho number OF
links so is the case strengthened,
| Nov the evidence in this case traces the instru
ment frcm Dir. Floyd's house into the trunk at
Ninth and Poplar. Can you doubt, looking at
these sections of this jimmy, that they are part
OF one instrument 1t alone is enough to weigh
down these pri oners with the burden OF guilt.
Again look at these gags and observe the route
upon which they we're found, their similarity and
even the very fact of the fitting of the gimlet
found at Ninth aud Poplar into the breathing
holes in these gags. Then here are the hand
| cuffs all similar.
| found III Air. Floyds and those found at Nintl
| and Poplar. Then again Il Q overalls taken wei
from tie trunk, and the pieces found in Mr.
Fraims yard all alike 10 all respects serve bt
to bind the coils more firmly aounC
link, until we are told by James Carbury
that two men came up Poplar stree
on a dog trot. and went down the area way a
the Poplar Street House. Now, having made
l
who were the occupants of this house? (Here th'
counsel gave a short resume OF the evidence
given as regards the renting from Mr.. White
, Nov let US make the connection between
this house and Ninth kirkwood
. both Of which houses were, we think, rented b!
the same man. In'the house, where these mel
were arrested we found four pistols. and tbi
: kew which is proved to be the key OF the hous'
at Poplar street. Now how come that key il
r that chimney-the key of the house in whicl
was found the trunk and which unlocked tina
house2
Then again, here is the key Of the Krkwood
st. house. Now, II Mr.. Wright rented tina
. house. and Mr.. Andrews the other. how did Mr.
h Lawler get that key, and how came these fou
, men to lock themselves up in that house so tina
entrance was barred until Mr.. Tyndall brought
key? These persons were certainly found II
| that house, and now il we can establish the con
| nection between these houses and identify them
y | are not these the guilty men The circumstan
| tial proof alone in this case would damn thss
men; but we de not rest here.
Let us go to that Poplar st. house. On Octoh
= or 3lst, at 10 P. NJ, ali these men are found o
| that corner. On the Sunday following, all fou
IS | are again together and some OF them recognize
What were they there for ? That house no
y breathes the contagion of crime, and now thes
men must explain why were they there. Yo
= have the testimony, of Martha Hinesley. Sh
! has not been discredited, but, there ha
Il been o young man brought here an
with the intent to diseredit her. Does he a
4 so substantially. Not at all. She tells us thI
8 ehe saw them twice, and recognized them II
:. second time by seeing them before. But let Il
~ defence take any witness they may please, al
still the State has case. Again. on the morl
= ing after the attemrt, were not these men see
going from hou t. house. No eye saw the
ct actually come out o. one and go into the othe
But taking the testimony of MIR Heck, Mr.. .Begg
and Mrs. Bennett. see how they are traced. M
Beggs saw them, two on the crossing one on Il
pavement and the fourth coming out of Il
= area. Just as they join, Mrs. Heck recogniz
IN | one of these prisoners Then Miss Benne
al recognizes Carter as one of the four and SO
10 them go into the Kirkwood st. House. Orr al
T. Clark see them going down Ninth St.
st Our. report for to-day breaks off hel
At O'Clock Mr.. Bates was etil spea ing a
may occupy good part of the afternoon.