Wilmington daily commercial., 1873-12-02
4 he Burglary TriR'.

ooETIEuATIoE OF MR. o'BYRNEs sPEEoH FROM
LAST EDITION.
Now, supposidg the State had made out
case, have to argue the fact as to the commit
tai of the crime as alleged in the indictment
This will be mainly addressed to the Court
now press upon your Honors my views of the
law.
II am pleased TO address court of last resort.
ana pleased to know that IL this court is con-
vincsd 1t will surrender all preconceyed ideas.
comment not upon Archibold, or Russell, for l
think 1t would not help the State more than us.
In this book hold in my hand are the the lat
est cases, aud l challenges the State to con-
tradict my statements made ia these cases
These cases have rested unchanged in Eng
land and In this country. know thst the teach
ingiof Haclieyillo. and the Stuarts was that
fraud was equivalent to force. But no jnrist
to-day claims that this is law.
You are aaked to Slain that this knocking was
a constructive breaking. And here We say that
we must ask the Court to change that the counts
locating this house as the dwelling OF the Bank
of Delaware are jnconsequens and of no effect,
and cite Rex Us. MaTgetts. In point. Other
wise this would be an Absurdity to locate that
residence which has been said ito have neither
a soul to be saved nor ears to be boxed"
The State have rolled upon the old English
cases. There is no adjudication in this country
to that effect, an therefore we ask these counts
badly laid and direct the jury to discard all tes-
timony pertinent to those counts.
Every caselln the books with regard to making
knock breaking are in this volume hold in
my hand, and arraIgn the Judge who noted
these decision before this court and ask you if
he was q man fitted to dispense Justice.
now take up the lses adiudged by this le-
gal scoundrl. What is the testimony? Does it
come within the purview OF any of these cases;
No sir. / dare to say not. You are asked to
take your Saw by the State from q line in
Blackstone and a couple OF text books. No true
L.. La. he ~.
but catching inspiration OF the
days in which he lives reasons in the light of
progress and humanity.
Now, did Mr.. Floyd open that door on any
pretense of business Was he compelled to open
| that door will you strain the law against the
liberty of the citizens when the law demands
| mercgP This question came up in North Caro-
| lima and the bench was divided two in favor OF
abrogating the head law and one against
it. The case vas was nearly similar Inc
Here is 3 case adjudged not to be construo.
| tive burglary when the measure was infinitely
greater than il found in this case now on trial
before you. cite La Mot's case. Here there
was pretense Of business but in this case sub
init to the jury there was no pretense Of business
| and ask the Jury to remember this.
Now the State pretends pushing as making
a breaking. 1 cite 1st Moody's crown cases af
controverting that asse tion. (Here ensued q
long discussion between MFR, O'Byrne and the
| Court on the subject OF breaking.)
now cite you the book which IL the most re-
liable, the Bible. read you the first burglary
case on record where they broke down the mans
door, and say il Keeling had been inspired
more by this Book he never would have made
such decisions and the literature Of the Law
would have been less disgraced, 1 now quote
2nd Archibold to show that fraud must be used
Our report for to-day closes as Mr.. O'Byrne
had re commenced his address before the jury
We infer that he was drawing to close and viii
conclude his speaoh at the recess hour Mr.
Lore has yet to speak, and the case will, proba.
bly, not be given to the jury before to IN orrow