Wilmington daily gazette., 1873-12-03
Judge Gilpin.s Charge!

He referred to discrepancies IN the testimony OF
witnesses and said that the case was purely one /
OF circnnstantlaf egihances and the State Is called
upon 10 prove case which excludes every other Il
theory and in Support Of tllshe cited thc author
lty which Sass the party upon whom che buEthen 4
Of proof rests must prove every circumstance con-
nected with crime before verdict OF guilty IN
circnmstantlal case could be delivered. las he
State complied Vita thisg Wers these TIE men 1
who were in the bank on the evening of the Ith |
and ii not, have you q link of ercumstantia evil |
aeece connecting these men Ia the Temotest degree
with the crime which was committed on the 9Th |
ulte tt5
At the conclusion Of Mr. OByInes rsmarks, |
Court took recess until o'clock. On rcassem-
| bling, Mr.. Lore summed up for the State. Amer
| referring to the importance OF the cause under
trial he cited number of cases Ia the books 10
show that parties had been convicted of construe-
tive burglary where there was NJ actual breaking
n but where artihce was used to gain admittancs.
| The principle Is laid down most mlnutey, that
unless after the d0Oris opened there Is neglect IN
closing 1t, the parties are guilty of burglary 1t
is an elementary ,prlpeiplq OF law. that any one
using tricks or aFtlnee to gain admission into
house Is guilty of constructive burglary. The
speaker therefore would ask the Court to 90 in
i street the jury
Mr.. Lore then reviewed the testimony Of wit
nssses at Mr.. Floyd's house, and said there were
distinct knocks at the door before Ar. Floyd aP-
preached it and drew back the bolt; the door was
then opened by those outside aud the inca rushed
in, therefore there be no doubt that these men
are guilty OF CDuSATuCllNc hC,
speaker bad no doubt that them was an aetusi
breaking, and, In view of the law prodnced as
well as the testimony Of witnesses, he would ds-
miss this point of the case. He then referred 10
testimony Of other witnesses, and called attention
Ito the fact that the defense had made no attempt
to show where the prisoners came from, their oc
cupatiOns, their character of their business in VIII
miagtOn.
ne showed that there were two direct Inks
(which connected the prisoners with the atte mpt
to rob the banE one was living link, that OF hu-
mxla testimony, which followed them etep by step
from the bank to the house ut 9th and KiFkwOOd
streets. The other might be called the inNnimate
link consisting. Is 10 does OF loay found - Sth
z and Kirk wood where they were arrested, which
unlocked the door at Sth and Poplar, and not the
door Of the one in which they were arrested; OF
( pistols Yuil set Of burglars tools including
y | section of a Jimmy W hich lifted q section found
,. at the bank; by masks, gags, handouts, &c. lu
conclusion he urged that both links were perfect
| to show, without the shadow Of q doubt that the
pEisouers.wp the men Who made the attempt tC
q rob tho bank.
r The Court then adjourned, Judge Gilpin an
J. nouncing that he would charge the jury in thu
,r morning.
a NEw CASTLE. Dec. 8, 1872 N.
\ The Courts opened at the usual hour, thi
= morning, the attendance not being so large O
- crowded as usual, though the court room wa
/. comfortably flied nOrdid 50 many come owe
. In the train from Wilmington. In fact,
= great portion of personal interest in the pro
- ceedings Of the tTiaA eeeHlstQ have died Qu
- since the giving in Of the evidence, and tn
= closing OF the arguments by counsel. Tn
ld prisoners were brought into court, AOOklu
Il more serious ana depressed than at any tim
~ since the cOmmencementO of their trial. Eve
ssI Hone and HuTlbnrt had lost their general al
an pearance of sang .frOtd, ard looked equal
nj detected with the other two.
"a The jury roll was called, and all answere
,se Chief Justice Gilpin then charged the jal
10 in substance, as follows: Gentlemen Of the u
cal ~ 1t is q cause for cOngratuatiOn that v
sn- are approaching the conclusion Of this proloI
al ged and Interesting case. A case equally Ia
nortant, whether we consider its facts or Il
snt law applicable 70 It. 1t Is an indctmel
Tor against the prisOneFs( mentiOnlng their name
by containing four counts, In two OF which Il
nf dwelling Is alleged TO be that Of Samu
!. Ffoyd ehargIng1ts entrance with Intent
steal, take ana carry away the goods ehattt
Fa- and money OF Samuel Floyd. 1he secOl
res charges that the intent was to take away d
to property Of the Bank Of Delaware, The thi
for alleges g tss heb ES1ds H1S Eka the sspsE psG
I'm lsges that the intent was to enter the dive Iii
i'm Of the Bank, and take the property Of 4
vas We have been asked gentlemen. to char
Ior you, that this indictments Is liable to fai
objection. That the counts charging ap Z
at trance into the dwelling of Floyd, are incC
ID, sistent In order 70 diVest this case Of eYeI
thing calculated TO nislead the Jury, / W0I
say that the Court does net agree 70 this, a
The shall not 50 charge. s-tt.-3
vas The indictment, in It's form is not liable
ut the objection thus taken 10 il, and therefore
~ ~ refuse 70 charge you, thus, as We would
~ consider it the Law on this subject
- - We have no donbt as 10 the legal gulhci
.ne- ey or propriely of the Indictment.
teIv A great deal has been said 10 you, especa
lry BY the defence, 10 The relative value or fol
Ar Of direct and ciFcumAlaptial, testimony.
10Th judicial testimony mnat either be direct or
cumsiantial, we have no other in any Court
!. \, JUSTICE (The chiefjustice, here reviewed
NJ - characteEd diFss and 9cirYPsiaaiaE y
con- wi @ksrs nunbes e inasps4dsat siu.umstsu
cap are proved aIf pointing TO the same conclusion
,ipe In the same diEscaions they form the mpltip
back and complied rati0 Of them ALL Their force
him pends rpOn thsiE weight. consistency an sig
ping canoe with oaaA ethsF. egg.s. s3sg u
.s s.o we al know, that all men are liabls 70 en
!: Judging sna that no species Of judicial eyIdo
~ whether positive og circumstau.iai iB tnfallia
- Il We also EaOw that IN The mostimportant tran
roa 1Ions Of oar daily life We ere eempsled % deE
evidence Ana ehs resort 20 ttfs eharaetsg is d
~ uaore frequent IN the courts of law. This r.
for this IL that innat alEocous crimes Of ten
Ance mittea IN darknass and thagafeEa, in these q
sAe- eircumstAntial and pFesumptivo eEide1ce mmi
said relied on. Otherwipe the most heinoua er
,.ssf would 90 unpnniaAsa We the.4aore say q
"a eonclusiye chaln 0f eigenmstantial eVidaace
"A. form a. stEpnsA 6hAia Of proof as dEect teall
RRlI mfagard b toe Fnaxim that the aecussd
,arf., be eoaaideESd tnnnpent until they ere pr
80 guilty, Ws VIII say that they are IA be tFsd stF
.sS1J according toths evidence, ana not By any Ou
.y5 statsments. In Fespeet q she clear ana unqu
WoeA cAl pssof of the enteriRa with intsat 10 COS
uvill that tha sVaa