Delaware Republican. (Wilmington, Del.) 1843-1874, 1873-12-04


to all expectations the defendants did not attemp
10 prove an abb, but merely made an effort Il
: di,credt the testimony Of certain witnesse
produced by the State. At the opening Of tn
Court on Monday morning, Mr. Bates, DEPUTY
Attor ney- General, briefly stated the law In re
gard to felony, applicable to the case, an,
then proceeded to review the testimony to show
the entrance OF Mr.. Floyd's dwelling tue fel
onious intention ofthe pa'ties; the rush from tn,
house their course to the house at Ninth ant
| Poplar streets their assault OIL Carberry; ths.
being seen by other parties; the similarity o.
tools, gags, etc., found In Mr.. Floyd's dwelling
and in the house at Ninth and Poplar streets
the flight from this place to the house at Ninth
and Kirkwood streets their Identification b,
different parties, &C., furnishing a chain OF ev.
idence proving conclusively that the prisoners
are the guilty parties. The Argument Of Mr..
Bates was well digested aud arran yed, presenting
every feature In the case, and showing conclu-
sively that the prisoners are the guilty parties.
The argument Of Mr.. Bates was well digested
aud arranged. presenting every feature In the
use, and sho wing conclnsively that no other
persons could have committed the crime with
which the prisoners are charged.
Mr.Higglns made quite an ingenious aud ell
oquent argument In reply, in which he endeay-
ored to show that some Of the witnesses were
over anxious to convic', that they were inter-
ested In procuring conviction, and that their
testimony should be received with q great de-
/ gree Of allowance. He called the attention of
the jury TO the ihtene spopulsr feeling against
the prisoners, and to the bias which like an
anaconda, had wound itself around every de :
tail Of the case, and exhorted them as men of
intelligence, and as true men, not to allow
themselves to be Influenced by that feeling, and
to try the cause fairly upon its merits. He con-
| lot tIA OF had OLE ot.,S e.,
these ren under an indictment for construct
| lively entering the bank with intent to steal,
| that under the law they must prove that fraud
had been used to effect an entrance, that hav-
ing failed to prove that any knocking or other
attempt to effect an entrance by fraudulent
means had been made, the prisoners must lie
| acquitted.
Reviewing at length the evidence of the
prosecution which connected these men cap
tured in house at Ninth aud Xii kwood streets
with trunk containing masks, pistols ana
/ burglars tools found III house at Ninth and
Poplar streets, he said that the whole evidence
oil this point was unreliable and that the whole
| testimony might be boied down to this that
| the prisoners, In going TO their house Oh kirk
wood, passed down Ninth street, and on their
way passed the other house. In reference to
the Identification of the prisoners. Mr.. Higgins
| said that 1t was not such As should satisfy
Jury beyond reason Of a doubt, as the only
witnesses On that point had only seen the pris-
oners by dark, at a distance of several feet
| from u gaslight. aud that one of the States
witnesses himself says he was unable to recog-
nize any one.
At meeting of The Court on Tuesday, Mr..
O'Byrne, counsel for the prisoners, proceeded
with his argument. He referred to discrepau-
Giles in the testimony of witnesses, and said
that the case was one Of purely circuIastantial
| evidence, aud the State is called upon to prove
xpI.; ,,l, nj, .la
| In support of this lie cited the authority which
| says the party upon whom the burthen of proof
rests must prove every circumstance connected
with a crime before verdict of guilty in cir
| cumstantlal case could be delivered, Has the
State complied with this? Were these the men
/ who were In the bank On the evening OF the
7thp and IL not, have you u link of circumstan-
| tial evidence connecting these men in the re.
| hottest degree with the crime which was COM
mitted Oh the 7th ul!
Attorney-Genetal Lore closed the argument
for The State. After referring to the inpor-
lance OF the cause under trial, he cite a num-
Der Of cases in the books to show that parties
had been convicted Vi constructive burglary
where there was no actual breaking In, but
where artifice was used 10 gain admittance,-
The principle is laid down most infinitely, that
unless after the door is opened there Is neglect
IN closing 1t, the parties are guilty OF burglary.
IL Is elementary principle OF law, that any one
using tricks or arti6ce TO gain admission into q
house Is guilty OF cOnstruc I've burglary The
speaker would therefore ask the Court 10 so in.
struct the jury.
Mr. Lore then reviewed the testimony Ut it
nesses At MI. Fieyds house, said there were
distinct knocks at the door before MIR. FLOYD
approached 1t and drew back the bolt; the door
was then opened by those on the outside and
the men rushed in, therefore there can be no
doubt that these men are guilty Of constructive
burglary. He, the speaker, had no doubt that
there was an actual breaking, and, in view oil
the law produced MS well as the testimony of
witnesses, lie would dismiss this point of the
case. He then referred to testimony of other
witnesses, and called attention TO the fact that
The defence had made No attempt to show whele
the prisoners came from, their occupations.
their character or their business In Whining
ton.
He said there were two direct liuks which
connected the prisoners with the ATTEMPT to
rob the bank; one was q living link, that Of
human testimony, which followed them stsp
by step from the bank TO the house al Ninth
and khkwood streets. The other might be
called tho inanlmate link consisting a. il does,
OF key found at Ninth and KirkWood where
they were arrested, which unlocked the door
at Ninth and Poplar streets, and not the door
OF the one In which they were arrested; Of pis-
tolls, full set Of burglars tools, including a sec
ton Of a jimmy which fitted section found at
The bank by masks, gags, handouts, &c. In
conclusion he urged that both links wers per-
feet 10 show, without the shadow of doubt.
that the prisoners were the men who made the
attempt to rob the bank.
On the meeting of the Court on Wednesday
morning the Chief Justice charged the Jury,
and that body retired for the purpose OF consul
tation. AT twenty minutes after one O'Clock,
thejuly rendered verdict OF guilty.
ar
made an assignment.
Levi q. Bird, Esq, will hear proof of claims
against Mclean x son to-day, at his office No.
900 King Street.
The Mobile and Montgomery Railroad is in
the hands of trustees, who are running IL and
preparing to toreclose for the benefit of the
bondholders, the default being made In Nav.
1878. They did expect to lease the road, but
have not realized their hopes In this respect -
When they obtain the decree from the court
they expect to confer with the bondholders as
to the best course to be pursued.
Rmd,oay-The team of Frank Law, who
resides near Mt. Salem NJ. E. Church, 10 Chris
tiana Hundred, ran away on Tuesday, and at
the corner of Sixth and Tatuall streets, came
In contact with the wagon OF Gotlelb Rehfus,
and turning down Tatnall Street, collided with
the wagon Of Mr.. Megary. The runaway hors-
es were thrown down by the force of the COLI
sion, and the pole of the wagon was broken,
thus terminating their illadvsed race.
BUILDING SrATIsrIc.-The following will
show the number Of buildings erected during
the month of November:
By George w. Vernon, one stable on Fifth
street between Madison aud Monroe streets.
BY Lewis Baily, one house between Beach
and Oak streets,
by Michael Rooney, building on Beach
street near Claymout,