Wilmington daily gazette., 1873-12-02
ARGUMENTS BY COUNSEL.
CONCLUSION OF MR. BATES SPEECH.
ANTHONY HIGGINS ARGUMENT.
JOHN OBtRNF CONTINUES FOR THE
DEBENCE
-a s'' ,,s RATES, ARGUMENT.
NKw CAsrLE, Dec. /, 2, P, NJ,

nope buys MONe, ana MT. Akin AuenuueS
him AZ the purchaser; the stove Is also found at
Ninth and Ipdplh Hope and Huflbnrl Weus
seen coming onI of This house by Miss Carberry.
l here call your attention TO the efforts 10 i'm
peach this lady's testimony and / think Mr..
FarTA's testimony conclusively answers the DE-
fence, on that point. do not wish 10 question
MIR. Lamberts' testimony, but / wish TO remark
his Ignorance Of the pOiats Of the compass, as
exposed in LlI eros, examination. 10 this it,
stance, would cite an extract from Charles
Dickens celebrated case, "Burdel W.. Pick
wick" "Whats your manner "Sam Weller" !"
"HoW do you spell it, with V, ora VIZ"
with q V, My Lord" "Thats right, Sammy"
exclaimed the elder Weller from the Gallery,
spell it wi h We"
Martha Hmesiy heard these men in conver-
sation, at Ninth and Poplar, Calharihe CaIherry
sees and recognizes Hurlburt and LaWleF, Mr..
LnngFen, recoguiE res Carter and Hope at the
bank gate, and saw two others there also.
What were these men doing there? Then, Mr..
Lawler, has been repeatedly seen at the s. T..
corner Of St1th and Market streets, intently
watching the Delaware Bank.
Again, these two men, Frank and Hope recou-
nizsd on Shlpley street, debating the means Of
leaving The city. Connect this conversation,
with these men in the dock. At 81 o'clock.
Saturday morning, the day after the robbery,
does not Henrietta Hartman say that Hope
came into her shop and bought wood, and leav-
ing her. house, entered the house at Ninth
and Poplar? Whist better means of recoRni-
tiOn than the actual watching could be wished
for? t .ta4
In five manners are these men recognized,
LAWlor is seen BY Miss HufRnglon, Carter Is
recognized by Clarence Lsobdell, while Mr.. Lun-
Rren has recognized the other two near the bank
gste. Mr.. Best has also recognized Carter and
Hope, aud this recognition and the converse :
tiOn he overheard, is sufficient to hold these
men in the bonds Of Justice.
Aud now, what is the defence. Our oppo-
nents have done altthey could, but their case is
The c6IInuel Who opened Tor the defense,
spoke prejudgement. But that will not
answer it is no defence. Hemay talk day
about prejudice, but you want only the facts ;
and without iactS, we must believe these men
guilty. They say the night was dark, but did
not Mr.. Lobdell see Carter In the glare Of the
gas lamp, as did also Lungren see two Of the
men by the bank gate. When Carter was at
tackled, he saw his aSaailant by the light Of o
street lamp. Had Mr. HOlllngsWOrth and his
friend been more brave, they, too, might have
recognized Frank. We have been careful to
show you that whenever there has been a
recognition, there has also been a street
lamp, close by, 10 aid such q recognition.
Now, gentlemen Of the jury, ask the
learned counsel for the defense. il these are
not the guilty men, who are they? They are
strangers what is their business? Why TVere
them in these houses? And why did two of
they strike, and another attempt to shoot an
officer of the law? What did Mr.. LaWIOr
find SO interesting ut the S. E. corner Of Sixth
and Market streets? What was their business
hnddled np at the area Of the Bank, on that
particular and important night? What mean
these tools, and what do these men want with
oh fnnn 1tnt
tlemeD, to the counsel for the defense, and II
they fail to answer them in q clear and salts
factory manner, you know clearly Your duty
to this State, They must answer, not OnIV
one, but all Of these questions Ia order 10
prove the innocence, Of their clients.
We do not stand here, representing an all
stract principle called the STATE, bat We repre-.
sent your families and yourselves. and advO.
cate protection agAinst the attacks Of sucb
rufians as these. And We also wish 10 deter
others from making similar unlawful attennks
by the peIaltiea-W shich shall be Infiicted
upon theaD men Aud. IN the name Of all in-
nocence IN the name VI these men now trem.
bling on the brink Of crime, We urge Won. Qan.
tlemen 0ktho jury, TO carefully consider al
these factD which we have presented 30 Won
and to retnrma verdict In accordance wIth
your calm and e0maiderate conclusions
At the con- llsiOn oe Mr. IlaGes' areusaent
the Court took recess slnu 3 o'clock, p. NJ.
AFTAaHooS BEssEox:
NEW CASTLE, Dec 8, 70, 3l<,P.M.
Mr.. Higgins began his argument 10 ihe Jury
closing at ~ Pm HisarSument was close and
teBe glEint, his lana ton of he Law and siEt
Ing eOInpafiuo the testimong, Roing to show The
mcompatibility OF the testimony OF the many wit.
nesses for the State, and tho many confiels 20 bC
found in the chain, AS well as 10 the failure Ol
Identity og the prisoners AZ those who committed
the crime, making quite an eloquent appeal to the
Jury az TO the popular ciaInor made against hlG
clents. issfi rfttfs + .tl
alt would be impossible to give detailed report
his argument, "a covers about two and hall
hours In delivery, therefore viii send you q ShOri
terse syuOpsls OF II.
He congratulated the jury on the near approach
Of The end OF this trial and congratulate, as well
the prisousm, in having 90 intelligent and couFA.
geous Jury TO investigate the case, saying II
would command all their foFtllude to perform
their duty - the eFldaAce would demand. -.-f
The case was one unprecedented In thm State
and one which had caused intease public feeling
Public tSis sle@oF Asa y yeals gOas by had such
land as 70 preeluda the aecused from The benedl
81 fcOunsel 10 ashlst them In defence but IN Iatteu
days, inf ffAmedca, this had been, by the broad
splrlt OF freedom, over ridden.
am not here 10 crave mercy at your hado, nor
% pAlliate the crime which has been peFpetEated
10 our midst, bat at the Bame time mindful 81 my
solemn Csth 20 stand by The prisoners at the hir
and see that they have fair trial, which thoy are
entitled 70, and 6ee that justice BE- dons thsn 70
the uttermost, ali We ask is fair trial such as 4
has been said froih this beach, that In Delaware
= was hablt1AL for cur people 10 accord 90 all IN
her borders. We bold that N this caao Il is ne.
eassary iof the Siale' 20 show hat ne house Of
hs9r Elsyd was eurelArioasly entered on tbs
night u tht I'm OF Novsnber Issl, IhS fhSn resd
nom the Aeg. CODE ehaR. rs, 8 81. 8 andlOl II
vas ~ the power OF AtEorney General 20 Indiel