Wilmington daily gazette., 1873-11-28
COURT PROCEEDINGS.
THE Bu RoI.ARY TRiAE-c -coNTrSuxD KxkAuNATIoN
U8 THIS MoRNINa's PRoCERDINos.

The following AFo the proceedings a the CouKt 1
to-day, continued from i2 o'clock, noon, when the
previous report closed. i
DR.. johnson testified 10 meeting Ave men In
tn street between Walnut and French they |
were huTrying along as II to get out OF the rain
two passed on one eide Of hm aud three on the /
other this fact alone called his attention for the
time being a. il sOmething vas wrong.
VIM. Dady, Chief OF Police, on the evening Ia |
Question, heard . noise ran out, asked what was
the matter; was Informed that there wee rObbem |
in this bank made SoAreh but found none |
went up street TO 7th, down 7th to French;
along French to Sth saw white man In 9Th |
street; heard pistol shots; ran down Sth 10 Wal
nut; on my way pagsed one Of my men Woundedi |
did not see any one; turned back and took my |
officer, Curberry, to the drug store OF Smith q
PAynter, and had his wounds dressed.
Maurice CArberry, member Of the Wilmington
Police testified to the effect that he was at 9th
and Market, when be heard ot the robbery a. the
bank, and after being told that the men had es-
capped, went after them. He cams up with them
on 9Th street French, and told them he want
ed them; one of the men said, "What u itr' and
struck him (the Witness) over the eye second
man struck him on the head, and the thIRd shot Of
him He recognized big Frank as the man who
struck HIM first Witness as soon as possible, al
ter being assaulted, fired his pisto. at the man at
that time they were running, and this was the
| last he saw of them that night.
| On cross-examinatIon witness said that he was
/ one Of the policemen who arrested the men; he
| did net accuse Llwler as the man who assaulted
him. but recognized big Frank by his height color
| of hair aud general appearance; knew posltVelyh
was him. as he saW his face.
A boy named Or4hp testified 70 finding jimmy
aud gag at MIR, Floyd's house Articles shown
and recognized.
Sheriff Armstrong testified TO the fact that the
Jimmy and other articles were delivered 70 MIN
and put IN cell No. 5, where they had been kept
except when needed IN Court.
| Mr. Riding a watchman in the prison, under-
~ Ne l'RVfnA show
that the cell in which the jimmy and other articles
were kept had not been locked, and was, there
fore, accessible to any one in the PRISON.
! The Sheriff, on his second examination, testii-
ed that he believed the articles now in court to be
the same delivered to him.
The jimmy and gag were offered in evidence ana
handed 70 the jury. 81.
Mt O'Byrns objected that they had not been
sufficiently identified.
Judge Gilpin replied that they had.
Oficer Hettrick went through Mr.. Floy d'a
, house found Mr. Floyd handcuffed, and assisted
, in taking them of High constable Brady un.
, locked them Thaudeuffs shoWnl witness could
not positively identify them, but they were OF {
OHicer Brady recalled, and testified that he un
locked the handouts from Mr. Floyds wrists, anC
positively Identified the ones exhibited as the one
4 removed from Floyd. They were offered 10 testl
= : Thomas Hawkins exhibited blue shirt, whlcl
+ he picked mp in King street, near Seventh, abon
/ seven o'clock on the evening Of the 7th OF NoVem
- Der; had been in his possession ever since.
james Leary, sworn, and testified that after tn
alarm ct the Bank had besn given, went TO SiXt
v and Market streets and Rot lantern, and starle
{. on 9 search from Mr.. Eloyd's house, down Sixt
4 Atreet THIS was about O'Clock 10 the evening
a The first thing witness found was q blue maSA
e opposite tho church, and between the corner {
At sixth aud King streets fOund two more, and anS
ID ther one was found at the corner, making tou
A The next thing tonnd was bunch Of cord, in u
u, ~ 40 md n aaaF -kWFfn M
re crossing at Sixth and King Btraets also pale
- handouts which had been thrown under q mark
n wagon also, a small tin box and three gags 0
ID King aud seventh streets saw the gags marked
n also found near Freneh Bt., belt and anOth
IA pair Of handcuifs where Mr.. CarberTy was struc
= All the articles were Identified by the witness ar
he handed TO the jury.
Mr.O'Byrne objected to the articles being p
in evidence until they were traced 10 the pris
II ners. He cOntended that no attempt had be-
h made IL trace these articles into the possession
u the prisoners. He scOntended that the pTisone
nt had not been identified as the men who had be-
to IN Mr.. FlOyd's residence.
bel The Court deolded IL was admissible, but 1t W
er matter for the Jury 20 decide upon
er Wm. T. Best, residing S2l Market street, w
er mingion, sworn Was shown paper which
be Identified by his own signature on the back;
er found tho letter and cord on Eighth street, ne
a French, on the 10Th OF November, between IL Al
4 o'clock; three frieDds were with me, and one
al them reported the finding of the letter TO q
lhl Mayor of the city; Chief Brady came TO see y
lin on the llth of November, but did not give
eh letter TO Mr.. Brady; meyer disclosed Its cOnleI
ct. except TO some friends.
be- Mr. Brady was recalled, and testified that I
en- place where the letter was found was near
on place where Mr.. Carberry was attacked. The j
Ter, winch is directed TO party In Wlmingtc
supposed 10 be ON an unlawful eFrand, was I
admitted, and a request was made to withhold
fnSm the public. -ttI
M Bredy recalled, and tesiihed that he fOu
sts trunk Exhibited ut the house Ninth and Pop
streets, on the oth of November, aiter getting
N search warrant; also found two Vallsesi In
"a house was a small stove and half ton OF coal;
lee, Ia aVo,oineS - tairsn 81 the statIon Ron
sealed up and put IN the hands OF The Bier
The trunk, new and large one, was exhibi
and opened. It contained satchel, dark shirts
IA large hammer, jlmmlss, and full set OF burgls
tools. A portion Of the Jimmy found 10 the tru
.s fitted portion found ia the house OF Mr.. Flo
" y. The gags and handouts lu the trnnk were SIM
s;g' 70 those tAksn from Mr.. Floyd
~ james I. Aiken sWOn-Iam 10 the stove bl
ness In Wilmington; recognized the stove VII
: % Mr.. brady had In the Station HOuse; 70 the
..s Of my knOwIadge, l sold that stove about {
s' weeks ago 70 man who represented himself
4, physIclan from Philadelphia.
SAP y. Can you recognize the mau you sold
+ atOfe tOE A. Yes, air. IL was one OF those In
dock.
Witness then poIutsd out james Thomas, a
I" Hope, 0ng Of the prisonerss IS tbe man who !
chased IL. Whea witness sold Il, he was dlret
~ TO send II TO Ninth and Poplar streets,
- Oa the cross-examinatIOn the witness said
'Ou man purchased the stove about nine o'clocl
the morning: never saw him before that Il
AsPa nor since, except when he saw him In court
Thomas DO6gheny testified that be Was
ployed A. ihe aegs 81 NJ. Aiken; he took q
~, a. kaa h. >