Wilmington daily commercial., 1873-11-28
THE8ANK TRIAL.
Proceedingsi in Court. To-Day.

New CASTLE, Nov. 2s.
Court re-openedtAt 10 o'clock this morning
and the trial of the prisoners charged with at
tempted robbery of the Delaware National
Bank, at Wilmington. was resumed in the pres
ence of Judges Gilpin, Wootten, and Houston.
The crowd in attendance was not 30 large as
on Tue Bday or Wednesday, but on the opening
of the main doors a vast crowd OF people rushed
in occupying all the available space in the rear
of the bar and prisoners.
After some preliminary business, the Bank
robbery trial was resumed.
Thomas Dougherty WAS recalled made the
pipe 1t was taken to the house at 9th and Pop
lar with the stove; delivered it to a colored
woman about the house saw no man there.
Andrew Bernhard recalled and testified that
the pipe was attached to the stove; he brought
it to the City Hall. where it was left in charge
of the Chief Of Police.
John Legg sworn helped arrest prisoners I;
went TO the house. at 9th and Poplar between
and inithe afternoon and found other officers
there took charge Of things found in house and
passed them out the window to a cart; went
down to the street, and was informed that men
had gone to another house. but went first to the
Hall and delivered goods returned to the VIZ
cinity of 9th aud Poplar heard OF an unoocu-
pied house at s. W. corner of 9th aud Kirkwood
went there and heard steps inside waited for
other officers to come up then attempted to
enter but found door locked a key was eoon
brought. and then went up stairs, where found
prisoners in an upper reom they were stand
ing in row arrested the men and escorted
them to City Hall again returned to 9th and
Krkwood and found four pietols in the chin
ney produced two Of pistols in court pistols
we're unloHded amid exhibitions of fear among
members OF bar found key also pistols and
key we're found in the flue kept articles in my
own custody ever since marked the key tried
it afterwards II door of house at 9th and Pop
lar streets and it turned tue the bolt.
OrOss-eX amined did not try to unlock the
door of any other house in the neighborhood
with the key found.
Andrew Bernhardt recalled: Went to arrest
the prisoners with Carbury. but parted at 9th
ard Poplar, but met again ut 9Th and kirkwood !;
the door was opened by key furnished by MIR.
7 g. II Tlndall, owner of the house entered at
side door, and al did so, heard noise in CHM
nsy ran up stairs and saw the men standing
in the front room they surrendered and were
led to the Hall went Back to look after another
man run hand in chimney and pulled out pis-
tolls and cartridges saw key taken OUT pro-
duced another key taken out one belonging to
satchell
s-examined; took whsk out from Chin
ney also brick bats.
Geo. H. Tyndall sworn Related entry into
house as already described rented the house
at 9th and Kirkwood on 4th day of November
to gentleman whom found at witness home
he gave the name Of j. Wright rented house
for his brother
house from him neither Of prisoners was the
man.
Alexander White sworn Witness and sisters
own house at 9th and Poplar identified the
key found at 9th and KirkHood as the key Of the
house at 9th and Poplar.
Cross.examined: Nothing about the key to
recognize it by except as l would recognize you.
Mr.. O'Byrne; key was last in my possession in
Court, since its meeting, and had not seen il
before that time eiuoe October.
UI.st IaVa Ia al
of Alexander White; rented the house at 9th
| and Poplar to @. II. Andrews. on 14th of Octo-
/ ber wanted house for his brother at Washing
| ton, who was in the employ of the Government
/ wanted to rent till May, but request was refus-
| ed described the man and dress saw Andrews
| again on ihe day after the robbery, about II
| o'clock he came TO the witnesses fathers
house; none of the prisoners is the man An
| drews
Mary Ann White sworn; Am wife of Aexan-
der White on day after attempted robbery the
| man Andrews came to witnesses house aftei
| IL 80 o'clock asked for Mr.. White, said ht
| called to see about chimneys. and asked il Mr.
/ White had been to the house that morning
/ speaking of bank robbery said 1t was bad at
| fair, and asked if Mr.. Carbury was much hurt
| Alexander White recalled: related conversation
| with the man Andrews; he asked about Carbur.
and expressed sympathy for him; then spoke o.
| repairs to house at 9th and Poplar, and said
| or we had concluded they need not be made
| WIS going 10 Washington and might then se
about it. and requested that he should not cal
until Tuesday.
| THE COUNSEL IN THE CASE.
After complimentary allusion to Judge Gil
pin the correspondent of the Philadelphia Bul
letin talks thus of the counsel in the case
The Attorney General for this State IL tn
| well-kpown and prominent lawyer, Charles
| Lore Esq., and is much esteemed in the tria
of causes of this kind He has not manifested
himself thus far in the trial, except with an oc
casonal question or two which showed in thei
framing the hand Of master. George IL
Bates ie his ws-chosen assistant, or, as h'
is called, Deputy Attorney-General. HI
conducts the examination OF the wit
nesses with considerable force, ant
his opening speech TO the jury yesterda
impressed his hearers with the belief that as al
analyst of testimony, student of the law and
| close reasoner in thought he was foemal
worthy of the counsel for the defence. Messrs
John OByrne and Anthony Higgins. Mr.
OByrne is well-known to your citizens as al
able and successful advocate, brilliant forensi
speaker and no mean exponent OF his country
| mems far-famed wit, humor and gen'ality OF tenn
permanent He thus far has conducted tn
cross-examination, and as this is his hrst impoT
tant case in the State to which he has removes
his residence, and as he is probably not avers
to success in political life, he will doubles
make this case a means to exhibit to his adopte
| feoW-cltizens his peculiar talents, 30 VOL
known in Philadelphia TO be of higher order
Mr.. Higgins is the Uuited States District-Attor
ney under President Grant, at Wilmington an
though a young man has distinguished himsel
in several important causes as man OF marke
legal ability aud skill in the trial of a case. Al
ready he has shown by the few questions he ha
asked the witnesses that he is keenly alive t
the strong points of the defence, and divide
the answers whenever they are favorable to HI
view, ~