National Republican. (Washington City (D.C.)) 1872-1888, 1874-11-18
DISTRICT SAFE BURGLARY.
THE ARGUMENT FOR THE DEFENCE
COMMENCED,

MISREPRESENTATION ASKED BY THE
DEFENCE-GENERAL HENKLE'S ARGU-
MINT FOR THE ACCUSED.
Tie safe-turglary conspiracy case was resumed
In the Criminal Court yesterday, the Brgumen'
attracting apparently more attention than { os
testimony did, especially during the last day L
At the opening Of the court the Jury were. sent
cut Of court.
TIRE HAYES CASE ANNUlLED.
Mr.. Justice Humphreys tSSn read as follows
from a written paper:
|On Friday last this court wa'I adjourned
BY consent Of the Government and q ye Science ts
Monday. During the recess Ruoss for "a e
10 the Jury, and which evidence II Guzy will have
10 consider; even before the cas- q hss bees gzven
10 the Jury, but after the eyide koe has an been
closed, and before argument. oil Counsel and
charge of Court, in which arg .SInglt and charge
would necessarily be involved INC character and
ness is arrested by a cOmmi ring Inagistrate, on
the afhdavit of party def saGBIt in 5hS ease on
committed in the very case Sey heard I'd XIV O'0n
The court trying the cas- hHI heard all the ties
timony, and would hay Q Iarisdictien to have
committed the witness ! ;aTEoarentYeriury had
been com mltteG-and fun fhe- would have entire
jurisdiction to diseharg' Jr5hs accused even after
the 8cIiCn Of the con tGitsYng msristrate. T6e
committing officer cOu El'ngc have acted without
an examination Of the hHCsS, except by a waiver
by the accused. But rhc court, before WHOM the
whole case had been grlsS, bad7r course heard
either On an ath' GyTit to eOEmlt, or on aGbeGs
During the pend s,gy of the tzial, and while the
very qEesuon was .0U'Be tried by the Jury what
credit was due - the witness, the attempt is
made to transfer tAIE hearing thereoftos tribunal
from whose acti' Ga-direct appeal lay to the very
court having CT are OF the whole subject and be-
fore which the arse was being tried.
There could sErcely be conceived q more direct
attempt at u juHCSs interference with the course
Of trial, ST DgcsiniatUeiion by which organ
lied justice ESgndeTtRifou to be DISTRACTED. OF
course it cam OC fSe overlooked that Immediately
after the act OF Of the tribunal undertaking TO
commit, an FDSal would be and actually was
taken 10 the eUnrt trying the original case, and
different REseOTtbe same court from the one
holding the court did release the witness on BAIL
and Withou- aeaTinG the facts The case Of the
witness wa iG0e for original Jurisdiction Of the
court tryir z the case, and a charge Of perjury
could only he tried.in that court.
Confer Pt FOr ruIe, for organization, for court,
jury and SGGDtTy IS all exhibited in the proceed
Let us Inasz a little further to the matters in
VOWED. II Judge hearing upon hdbCCS corpus
was Of BeoPiBIOn that the party ought not to Se
held, he would, even aitcr the case was all de-
eided in which the alleged perjury had been com
mitted. be At liberty to discharge that party.
Even iteT grand jury had found bill Of indict-
IHent, he judge could order an investigation Of
the fs' ne 20 determine the amount Of bail, and al
ways 'beioTe the finding OF the grand jury the
Judge may DISCHARGE. Even after verdict Of con-
TicliC by jury the Judge may grant a new
trial, and es,en admit to bail on a capital charge.
In the case Of the witness arrested and taken
from the Jurisdiction OF this court, having entire
control over dim, the whole evidence had been
heard and it cUUid not be heard by any other tri-
bUnal without an examination Of all the witnesses
These considerations are stated 10 show the ut
ter absUrdity OF undertaking to interfere with the
course OF this trial, Rnd these matters exhibit
something Of an enOTm!ty seldom If ever witnessed
during trial.
trial on a charge Of perjury against witness
in this case either for the prosecution defence,
would, in Justice TO that witness, require the
whole to be investigated, all the facts to be
detailed, and charge 70 the jury based upon
This is too grave a matter for a committing
magistrate 10 undertake to wTest from the only
tribunal within this jurisdiction that is surround
ed by cCEmon law; time-hOnOUed and ancient
rules, bulWarks Of liberty and order, that luris-
dictiOn that is unquesti0ned and by its action Of
eCmmitt8l force a reheaTing upon the court that
has already fully heard the case.
1t will be time enough for the cOTrt to consider
the propTiety Of reOpening the evidence when
grand Jury sOlemnly and deliberately determines
to send for witnesses and papers and makes
formal pTesentment Of an Indictment.
will, in accordance with these views and as
resulting thereirOm, treat as nullity the arrest
Of Michael Hayes on the charge Of perjury daring
the trial order his discharge aud that Of his
bail, and that the whole proceedings before the
Police Court be held for naught, and that the
record be made showing this disposition Of the
Thus l wipe out this attempt at the obstrus-
tiOn OF the due course OF 2sertaining the truth in
this case.
What may take place or occur after the final
adjournment Of this term cannot tell, and any
action that may occur will be governed by the
court to succeed.
The question OF contempt in the Issuance aud
the return Of the notice Issued.
INSTRUCTIONS ASKED.
Sundry papers for Instructions we're then read
by Mr. Davidge, which the court said he would
consider and act upon in his general charge. The
prayers are as follows:
let. That the law presumes the innocence OF a
party until the cOnIraryis established by iudispu-
table evidence, and whether the evidence adduced
TO establish his guilt be direct or circumstantial
ii must be conclusive to be utterly inc0nsist
ent with any other hypothesis: and that when
eplL hp UFR
tOn OF innocence applies to each fact that goes 10
constitute the chain Of circumstances relied on,
and the law resolves each fact in iavOTo the party
accused when such fact can be reeoneiled with his
innocence.
I'd That the essential element Of conspiracy is
unlawful combination, and while this may be
proved like any other laCt il cannot be established
by the acts declarations OF third persons unless
such acts CT declarations were done and made by
the consent Of the party sought to be affected,
whether such third persons are included in the
Indictment or not. And though the court may
have admitted evidence Of such acts and declara-
lions, such evidence IS to be considered by the
Jury as against any party only whom the fact Of
conspiracy shall have been brought home to him
by pCoi Of acts Or declarations on his part, SO
connecting Inn with the unlawful combination
as 10 SATISFY the jury OF his guilt beyond rea-
EBnable doubt.
Sd. That although several persons be admitted
Ct ITCyGd 10 lie engaged in a common criminal
enterprise, one Of such persons can be affected by
tie act or declaration OF his -cOnspiratOrs only
when done or made in iurtherance Of the common
design, and during the tendency OF the common
undertaking. ana all such acts and declarations
Not so done and made, and all such are done
and made after the termination Of such cJuspiT-
aCy, ard such as are made by way of narration
merely, whether during or after the Conspiracy,
are 10 he disTegGrded by the jury.
9Th. That he jury ought not to find a verdict
against the defendants or eiIher OF them. upon
tie corrObUTated testimony OF an accomplish, and
every such confederation, to be sufficient, should
EhCW the connection Of the person sought to be
charged with completely in the fact OF conspiracy,
and should not consist only Of a general cJnnrma-
ton as 10 the facts constituting the offence, and
done by persons other than those against whom
such verdict is sought.
5Ih. That any number Of accOmplices are con-
SideTed as one only, the statement of each lend
ing TO additional strength 10 the other, but all
but one.
9th. That in estimating the credit due to any
witness If tie jury believe that such witness gave
false testimony to any one particular material
40 the ISSUE he ought not TO be credited as to any
ether matter concerning which he has testified,
general reputation for veracty can establish him
as person worthy TO be believed.
GEN. HrNKLE FOR THE DEFENCE
Gen. Henkle here proceeded with his argu-
Gen. H. at first complimented the jury upon
their patient attention, and opened his argument
by reading from Humg's History of England, ex-
tracts from that historian relative to the so
called POpish plot, az made known by Oates and
Bedloe during the reign Of Charles IL He COM
pared Hayes and ZtrTuLh 10 Oates and BedlOe.
He then tracked the main circumstances OF the
case, often before traced with great particularly
After comment upon the search into priyate teIe
grams be stated the action of the grand Jury,
and then drew. picture Of the trial, the court
holding even the balance Of justice, Mr.. Riddle
pushing l. up one side, Nj DaTidge trying to push
It up on the other. The Jury had beea held
prisoners, and the trial had been started out as
ave as . tragedy. but it soon assumed all tho
aspects Of the farce. He had expected that
Mr.. Riddle would have risen in his pIa o and
honestly confessed the failure OF the prosecution
but be considered il his duty TO play the game to
its close. There never was so much cry for so |
little wool: there never big COLA. for so
little horse Gen. II. said the case was Of easy
solution. Michael Hayes and Gustav Zirruth, |
desiring revenge upon Netteship for turning |
tEem out Of the Secret service had eOnspired to /
arrange q plot by which they could get money i
cut Of Columbus Alexander and his friends II 1
they succeeded, and, in which, IL they got into |
any dImculty could wTeak their vengeance Upon
Nettleship and others by putting the whole PLOT |
upon them II had been said that the President /
was behind this plot; that the Cabinet desired its
success; that Gov Shepherd stood at its hack /
DUt II Is shown that there was no President or /
Cabinet IN i; no chief Of the secret service. no
District Attorney; nothing but Hayes and Zir-
ruth. The Jungle which was supposed to hide |
lions, tigers and elephants was found to WELD I
only lew poor lizards and snakes.
After TeheaTsing At Some length the main
points Of the evidence, q recess was taken His /
detail Of evidence, though presenting the case In