Wilmington daily commercial., 1873-11-29
TIE BANK TRIAL.
The State Closed Opening of the Defence.

Co tinued from our First Edition.
The objection Of counsel for the defence was
sustained, the Chief Justice stating that the
question was one which would disparage the
prisoners in the eyes of the Jury.
s1Dr. Devining was, therefore, dismissed.
Charles W. Wood sworn to disclose to the
Jury the character Of the tools which were exhi-
pited; am detective attached to the Mayors Of
fee at Philadelphia, having been under the pres
ent Mayor for two years aud in the secret SER
vice for many years during which time have fol-
lowed up several burglaries jimmey exhibited
which witness denomiated sectional Jimmey
for prying open things instrument also exhi-
bited for blowing locks; and also the following :
wedges for forcing chisels, &c.
Daniel Farra sworn; am City Surveyor Will
mington, identified plot which he bad previously
made Of the locality Of that part OF the city in
which the bank and the houses where the bur-
glars and their tools were found, the plot was
submitted to the jury in exemplihcation OF the
The state here rested it's case at 1885, and af-
ter few moments delay Mr.. Higgins, of the
defence, proceeded to present his case to the
jury.
it is scarcely necessary for us to introduce ma
ny Witnesses. Curtailed as the Counsel for the
defense have been in time, they have not had
the opportunity to present all the facts which
Ter light which We crave to present, not only
against the mass of evidence but also that black
or array OF prejudgment which has character
lied the case.
Burglary ia divided by our Statutes into three
classes, and under the old statutes punishable
with death. He then proceeded to define the
various classes of burglary, claiming all to be
less in q degree than the one for which these
prisoners are indicated, and demanding from the
Jury the closest examination.
m aia ia n N =
to the house and you are to determine whether
there was a breaking, and on this point you must
be satisfied before you can say IL 10 crime.
Upon this question, we will throw all the light
we can by the introduction OF another witness to
testify more fully. And then we come to anoth-
or and graver phase off the case to show that
the Witnesses who have been brought to
identify the prisoners are unreliable. Ihla
we will prove, and will also show
that Identification is impossible both as to time.
and place, fully explaining the locations at 9th
and Kirkwood, and convince you that such il
impossible.
We will then rest upon the facts which we
have been forced to rely on, and upon your YER
dict for an acquittal.
The examination of witnesses for the Defence
| was then begun.
Samuel Floyd was the first witness and re
| stated the fact that he was cashier Of the Banl
| of Delaware a reward Of $500 was offered fol
| the arrest and conviction Of each one OF the
| burglars.
Hannah Kemp sworn: live with Mr.. Floyd
was with him when the attempt was made OIL
| the bank; was in the kitchen ironing; no othel
servants in the house !; had closed the shutters
Cross-examined: fastened the door and shut
| ters securely.
William H. Hollingsworth sworn live at 2l1
West 4th st. on night of 7th was at Singles SO
| gar store in the McClary building GOT Market
/ st went up market to 7th down 7th to 9Th and
| up Sth to French. with Carhury and Brady; at
| 9Th and French ran in behind Officer Carbury
| saw one man knocked down and another shot al
| him; did not see but two men; Carberry was Ho
any closer than witness; can't identify either o.
| the prisoners; uncommoDly dark that night
thinks lights we've lighted, but because of dark
/ ness could not identify the men,
| Cross examined was from 80 to 40 1t. be-
| hind Carbury below French st. in 8.h, next the
| fence; when Carbury was struck, two young
/ men (Fisher and Reuben, he thought) were
behind kim don't know the man wh'
struck Carbury, but he was struck with al
| instrument, which the man carried in his hand
notified Carbury that the man was going to strike
and then walked across the street but CAM
back was standing within s to feet of Carbur.
when he fred his pistol, but not more than
feet from Carbury when he was shot at.