National Republican. (Washington City (D.C.)) 1872-1888, 1874-11-20
DISTRICT SAFE BURGLARY.
THE PROCEEDINGS IN COURT YEsTER
DAY.


DAY.
The Criminal Court Mr.. Justice Humphreys
opened its usual session for the trial Of the safe
burglary conspiracy case, at IL O'Clock yesterday
Mr.. Henkle requested that the jury might BE-
withdrawn, as he had something to say.
The jury were sent out.
Meanwhile Mr.. Dayidge announced to the
Court that he was not able to go on with his
argument for the defence this morning. He said
the protracted trial has at length had an effect
upon his physical attention, and he did not feel
able to proceed at this time with justice to his
client, but If the Court required it he could pro
coed.
Mr.. Riddle desired to know If some other of the
counsel could not go on now.
Mr.. Smithers said he could only do so with a
chance or doing injustice to his client.
The Court said this was case Of too much i'm
pOrtance to allow the court to be deprived Of the
counsel Of any Of the Gble counsel for the defence
Sickness and prostratiOn were accidents likely TO
growing out Of this we're not the fault Of the
court or counsel. He intended to pursue this
case with deliberatiOn. He did not intend to
force the Government to argument at the flag end
of q week, and he would hold no court on Satur-
day. The case would be adjourned until to-mor-
Mr. HinkIe made an application for leave to
Col. Whitley to be absent a visit to his family.
He said that Col. Whitley's wife was sick, and
that DO possible harm could ensue from his alb
sence, as his bail would still hold good.
Mr.. Riddle saw no reason why the request
should not be granted. The offence charged was
The Court then directed that Whitley be al
lowed TO absent himself until Tuesday next.
THE POLICE COURT CONTEMPT.
Meanwhile Mr.. HenkIe said that, as suggested
by the Court yesterday, he desired to withdraw
the return Of Whitley to the summons Of the
court In the case Of alleged contempt, in causing
the arrest Of Michael Hayes.
The Court directed that the withdrawal be per-
mitted, and Whitley in person filed the following
return:
In the Supreme Court of the District of Co.
lumbia, holding q criminal term, November 19,
1874, Hiram @. Whitley. for return to the rule
served upon him on the 18th instant issuing from
this honorable court, respectfully shows: That
on the 5th day Of November, 1874 he made the
affidavit referred to in the rule, and upon which
q warrant was granted for the apprehension of
one Michael Hayes, who had testified on the 29th
day Of October 1874, in case then pending before
this honorable court, and that he made the said
affidavit AFTER consultation with and upon the ad
vice Of his cO-defendant, Richard Harrington. who
informed him, the said Whitley, that he, Har-
rington, was acting under advice OF his counsel,
and that at the time OF making this said athdavit
he, the said Hiram q. Whitley, understood that
no arrest Of the said Hayes would be made until
the cause then pending and undetermined before
this honorable court should have been fully con-
cluded; that he had no knowledge Of the arrest
of the said Hayes until after the same had been
made, and had not the remotest intention Of
bringing himself into contempt Of this honorable
court, and having fully answered he most re-
speotfully submits himself TO the Judgment Of the
honorable court.
Subscribed and sworn to before me this 10Th
Of November, 1874.
ar. ]. MEISs, Clerk.
" BY Z. ]. MIDDLETON,
Assistant Clerk
The Court said it would consider the matter
further, and adjourned until this morning at II
O'Clock.