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

fNlFLfNcllfc ufetklh2s NO WOfuf no " iilh-
per came from those OF thc outside Of tho
bank on the night of the 7th. The ques-
tiou as 10 whether there WIS an actual
breaking. is a very serious one. II has
not been shown that there was lifting
NJ he ntch Of the donr at tine bank on
the night Of the 7h. You must be Patis-
Gci beyond doubt of the substau-
,iai fct- in the case before you can give
verdict against the prisoners. No oue
hut the counsel for the prosecution has
said the fneu Gt the har were those who
entered the bank building ON that mem
CRADLE night. No honest man has dared
utter it nudsr oath; will you, gentle-
men, under yours say that these
men before yol opened that door.
Four of the most prominent WITNESSES
OF the prosecution say they
dit not know who opened the door ana
ther. tore I ask you 70 d'smiss this much
from volr minds. There was DO actual
breathing; was there constructive
breaking, event In second Archbold he
found that there Is no case where the arti-
flee was apparently and expressly to get
the barrier removed 50 an entrance could
he COINED. lie then called attention to
the location of the bank and the resi-
dcnce attached to il, aud noticed the fact
that the room where the men entered was
hemetrcally closed aud none but those
inside knew who Or how many were in II.
Whoever did approach the building that
night did not expect 10 gain m
entrance by artificc hut went
there prepared to enter should
they desire to do so. Did the
men who knocked at the door intend to
have it opened from the inside Unless
Won helieye this these prisoners stand
gHililpss even If they did commit the
oncnse. THE state must prove that
request. in some way, was made for en-
/ trance into that bnnk, but this has not
heen shown. The last place TO hpd any
one in the bank building. 1t would be
[ thnnght, was the back building and tho
! basement, AS the building is rather pre-
feutious, aud a stranger would naturally
suppose that the inmates ate their meals
in the room above, and the speaker him
self was simply amazed when he heard
/ MIR. Fioyd's family ate in the room
mentioned. Mr. Floyd says he
/ thought the noise made that
night at the door was caused BY the
wind Miss Rates says the same, and
none knew absolutely what caused Il.
Nr. Floyd went To the door under protest
of the family, because they believed
there was no one at the door and II
there was they mad no business there.
This shows that the men outside did not
.ain an entrance by making believe they
were on business and on this peg we
aang our case. No one, by any stretch
of human Ingenuity, can show that those
on the outside made noise for the pur-
pose of gaining admission, and the
pro.ecution's witnesses distinctly say
lhey believed the noise was caused by the
Wind without. He believed the knocking
o.. IA Of fkfaf NH
simply waui-d 10 know who were inside
and IL the coast was clear. The oppos-
ing COUNSEL had represented that entrance
Wa gl.ued by outside force and not in
side aid. Tear the whole affair into
shrcds and see what truth there is in
ihiS fabric of the prosecution. The men
who approach d the bank on the night Of
Che fth were thieves and only wanted to
find Gu. if any one was In the
building, aud for this purpose tapped
at tue door 90 that night. The tapping
3 sas not Tor admission, but for another
purpose, and the admitting Of the men
on that night was the voluntary act Of
MIR. Floyd alone. We're the prisoners at
4 the bar the persons who committed that
, crime he was convinced that they were
, not. ] do not know young LObdell, but
d believe the lOuger he lives and the
o wi,cr he grows he will wonder with
Pc inaz ment and astoui .hlnent at what
r bee siil on The witness stand when lie
' +, titled first t0 seeing a man running
t latter Miss hatcs lu vas possibly right,
i 1ut when Pee saws that on a dark night
% he -4w Dsl reeoguz d Carter, whom
- Doe says wa dres cd In "a blue COAL. slyucn
D. 4,t and mlsged, his evidence becomes
NJ arupu-terJus, ard simply allude tO it as
ap lulgsnce tAe affair has had on tho
i- uuuIar uiud, and TO show how easy II
Do F. tu -Wim with the current, 10 tlOat with
h" tlr Ul J.. and ~ 20 with the crowd. IL Is
Pc .Iire yuu taata rewll' has been offered
e. iu- arrc-t aul conviction Of .he men
who entered that hank, and one Best was
brought n.fe to testify that he found =
p. letter. aud later testified TO seeing Two
IS faen ou Sh.pey street between venth
d uu1 Eighth. Inc witness could not ies'
% ufvl3 l9E many drinks he took between
sepper and the time he saw the TWO mel
.u WHO % bee beard say, "sone OF ia 'uust gC
u uul hy The pite the others by wafer" "
.d j. ihis lble-ilrst is IL tru0 He dom
.p stop here Aul recognizes Carter as one o
ls tarmOn,as do Che rest otthe Witnesses who
Ilthoy etu't recoguizsauy one else, thinl
,n ii necessary TO recognize Carter, simpl!
i4 because be is large.
in The State rely for their verdict on III
ea eilpit tO show that the men found a
o.. Il Niuth and kirkwoo1 were conuecte
tY with the house NJ Ninth and Poplar
Dr. lhcy attempted To connect them with
d. KEY, very common key and capable c
hc opening many locks. Mr.. White, tn
ed owner ot tbe Ninth and Poplar housI
nf could not Identify the key as the one
as give the man who rented his hour'
td rhey say the prisoners have been In Il
ST iaity of Nuth and Poplar, b.
they have not proved Il. lie the
td o. fcrel to what he termed
lr. characteristic of the Carherrys. tt
bis Carbcry knowledge IS specific it has L
doubts they fix the time TO minute
he notice ineu from head to feet and Il
l-- father recognizes men in the dense blacl
Yea ur-s OF nigM. They know much abo
lt- this ease, but IL Is a singular fact III
dd hey said nothing about II for days ait
the ihe prisoners were arrested. At 4
lse o'clock, one Of the Miss Carberrys so
IIr the prisoners IN the area Of the MIN
yer aud Kirltwood house ten minutes lat
Ncr her sister approached her from benin
'lA and also saw two OF the prisoners in {
.Oa same place. Their cheeks were not kit
pr iu. the glass, it will be reulemb bere
ic- Mr.. Lambert. who went to the houge
lu the purpose of demonstrating the truth
mo the Carherrys, swea RS positively that
hu- could not ste ohlcer Hope who W
out standing on the area steps Of the Min
Do. aud kuS@ood house.
J. COT Who are these Carberryst It is C
uiny a question of great Interest 10 70
H' .cnllO 300 %. Tney saw Carter at Mn
y .' aud Kirkwood on the afternoon of
'f' attempted robbery, and after the atten
,.. was made and the whole town eXcit
lhe CRr1erryH more than any one el
AAA'H G tai