Delaware state journal. [volume] (Wilmington, Del.) 1870-1883, 1873-12-06

Poplar he did not meet her on the day
of the attempted bank robbery, and did
not recognize any Of the prisoners as the
men he met at Ninth and Poplar at the
time mentioned.
The witness was cross-examined but
testified rs above.
Catharlne Heck, a witness for the
prosecution, was recalled. She lives near
the house where the Carherrys reside
and has often been In their house her
windows are on level with those of the
Carberry house but she could not see the
area way of the Ninth and Poplar build
ing from her dwelling.
Patrick Lambert was called aud sworn.
He was in Carberrv's house this morning
and failed, by looking through the VIM
dow mentioned by the CaTberrys, 10
recognize police officer Hope, who was In
the area Of the house at Ninth and Pop
lar, and went there for the purpose Of
recognition.
He was cross-examlned by Mr.. Lore,
and said that he was not certain that any
ono was standing on the area steps.
Officer Hope was called and eald he
stood on the top step Of the area he
stood there for the purpose Of demon
stratng whether Lambert could see him
from the window where the Carberrys
represented they saw the prisoners while
the latter were In the area.
Mr.. Lambert was re called and again
said when in the house Of Carherry he
could see nobody in the area of the Ninth
and Poplar house.
Robt. NJ. Brggs was recalled and said
ne was at Carberrv's house this morning
| he took a seat rs Miss Carberry directed
him. but could not distinguish anything
In the area Of the Ninth and Poplar
house.
The cross-examInation brought out
nothing new.
Julius Krauspe was next called and
sworn. He lives at Fifth and King, in
Wilmington, and is IL gun and lOcksmithi
be was shown key found on the pris-
oners aud represented It as Of the skele-
ton order and will open a great many
locks.
Here tho defense rested their case and
the prosecution called several other wilt
nessess TO rebut the testimony for the de-
fense.
Daniel Farra testified that he was at
Carberry's house this moning and looked
from the window named by the Misses
Carberry aud identified the Attorney
General, who was standing on the steps
of the area Of the Ninth and Poplar
house.
Being cross. examined he said fhe were
to have sit In the ordinary way he could
not have seen Mr.. Lore, believing II
would be physical impossibilltY.
Robt. c. Fraim was recalled and said
he heard but three pistol reports on the
evening of the 9Th.
Robt. E. Hicks was 'called and sworn,
and testified that he, too, only heard three
pistol shots.
WIN. H. Brady was recalled and said
VIXEN the last pistol was fired IN East
Eighth street, between French aud Wal.
! nut, no one was present and he did moi
see Hollingsworth OF any one else there
except Carberry.
Mr.. Lore here said that the prosecution
, would rest its case aud the Chief justice
declared, so far AS the introduction o
I evidence was concerned, the case wa
closed. He then remandtd the prisoner
I TO jail and after admonishlng the jur!
, not to read or converse regarding tn
csse, adjourned the court until Monda.
| morning at 10 o'clock, at which time ar
gument in the case will be commenced
/, and the whole day will doubtitss be cOu
a sumed by counsel. Many do not thiul
a the case will be given to the jury bcfor
Tuesday. w. $ T.
Al New CASTLE, Dec. 1st.-The interest /
/. the burglary trial has pereeptibly il
n creased since Saturday, aud the al
Ne nounncement that argument in the cas-
ir would commence this morning, Dire
=. together quite a large crowd.
"A Oourt opened Mt 10 O'Clock, and, imm
n. dlately 9fier the prisoners were placed 1
the bar, Mr.. Bates opened the argumel
= on behalf of the State.
Ie He said he proposed briefly to dwell G
nd the principles of law applying TO this ca
ae and Intended to give to the jury the plal
al facts as adduced during the eXNminaiit
a. of witnesses. lie then explained, as {
,r the first day OF the .rial, the elemcn
- which constitute the crime Of which q
prisoner stand indicted. That these el
-, ments had been proven anl the charge
., the indictment ju5tihed, there was I
uu doubt iu the mind Of the speaker. T
Ot question as to the ownership Of the hou
Oh which was entered, had been settled
az tn9 Indictment, he thought, anu thereto
nu he would not dwell On that polI
he That the crime was committed
,r night there was no doubt, and he quot
FIST Russell, page $50, te show thut
os- actual or constructive breaking bad be
~ established by the evidence on the pa
,od of the State. lie then referred
'sN second Archibald, which says Il CO
ols structive breaking is where
ere person gains an entrance by ha
1at trick or artihce, and this, too, Accord
-e5 TO the evidence goes tar towaris estt
led fishing the charge in the indictmel
rot "Roscoe's Criminal Evidence" and otl
a. authorities were quoted as showing
oet unanimity Of legal writers regardi
~ what constitutes an actual or constr
.u 'air tive breaking. The speaker said his dl
IA was very plain aud simple, aud he did !
ent believe IL was necessary to do more th
a. to recall the very complete and conc
,oS sive evidence on the part Of the state
ani lusure verdict of guilty, as the defer
,e,, lad utterly failed to upset the evidence
a single witness brought here by
,,a5 prosecution. The facts are already bef
to the Jury and It remains for them
, ~ make their own deductions and to DR.
- their own conclusion. That there
hIsa been much speculation regarding
- case outside of the Court room he
lges mltted but that fact was worth moth
- except to force upon the jury their d
,bo to the community and to their conscieI
on His duty, he said again, was simply
and lay the facts before the jury and ar
not nent in the case amounted simply
nothing.
ness Was the crime committed within
ank county on the 9TH OF this month, and
and tore ths indictment was found
the evidence settles this element Of the cri
It has been proved, further, that the I
)re il was committed was night, as the sun
the on the 9TH at Is minutes after o'cl
she and when the building was entered or
With alarm given, all the Witnesses agree {
mpt il was exceedingly dark. Was the p
that entered a dwelling house 2 That
ned. Floyd aud his family lived there va
fed conclusive answer TO the question.
third element OF the crime, the breal
Ing and entering, he thought, had been prl
lime but that point would be further arg
ming and the court would doubtless refer to
igar when delivering the charge. The ess,
xth 4; of the crime is feloniOus entranc
arm the house Of man in The night, and I
eral IL Mr.. Floyd had opened hls house
own night and said, 'cOme in gentlemen
Mr.. would still be crime, as he had
not deceived and the door had been opt
him, because of trick or aftidce on the pal
se to those who entered.
but Mr. Bates then reviewed in detail
evidence adduced, noticed mlnutely
.esti- location OF the bank, and more part
cur larly the dining room, showing thai
hirty entrance in the house that night by
the masked men, was either an actua
constructive breaking, or both.
iii 3 light tapping al the door was Tor the
pose of deceiying the inmates, aud
loon therefore, a trick on the part of
at 3 lptruders to gain admission. The knOc
nPtly was not loud or burly, bat gentle