The New York herald., 1874-11-07
THE WASHINGTON BURGLARY.

LIE WAoAAN01UN 6uhdLAhY.
Close or the Prosecution and Opening
Of tho Dcfence-Wh&t Testimony VIII
Be Impeached-Promised Proofs OF
Altbi.
WASHINGTON, Nov s. 1874.
The trial OF the alleged sale burglary conspra-
tors was resumed In the Criminal Court to-day.
John g. Evans, sworn Witness Is resident OF
Washington: Harrington received from witness
two three OF his account books to take to his Of
fee witness does not recoect just how Harrington
got possession OF the books and does not recolect
whether he accompanied Harrington TO his once
with the books or not.
Cross.examnation by Mr.. Davidge-The books
OF witness were IN Harrington's care for several
weeks at the committee room during the District
OF Columbia investigation.
Richard waach, Jr., sworn HAS an once In
the same building with the District Attorney and
had the same once last April: about the time OF
the burglary recollects seeing Jonn o. Evans and
harrington drive up TO the once in buggy and
get out with bundle or books or papers and go
into Harrington's once; when they came out
again they did not have the bundle with them;
witness Is pretty sure this took place the after
noon previous TO the burglary
Mr.. Riddle said he had no additional proof 30
ofer in regard to the papers submitted last night
and, as the Court declined to allow them 60 go
into the case, he supposed tnat was suficienr.
Judge Humphreys said ne would exclude all ex.
cepting the pardon signed by Governor Dix, and
that being properly authenticated he would allow
that 60 go in Mr.. Riddle desired to avail himself
O, the introduction OF that paper. Mr. Riddle also
said that he had one more witness to present. who
had not yet arrived, although he had despatched
a messenger to New York for him.
OPENING OF THE DEFENCE.
MI N. b. Smithers, OF Delaware, addressed the
jury In behalf OF the defence. He alluded TO the
character OF Zirruth ana Hayes, the two principal
witnesses for the prosecution, and declared that
their evidence was good for nothing, as 1t was
corroborated by any other Independent evidence.
1t was evidence that had come through turgid and
muddy streams and deserved no consideration at
the hands OF the jury. He fortified his remarks
by reading from law books defining the status
and Importance Of the evidence OF accomplices.
Turning to the case itself, he said. outside OF
the kilograms. nothing mad been introduced
to show any connection OF one of tue
accused wish this case at ALL so he might be lett
out OF it entirely. In regard to one Of the others
(Wnitley) there were only four facts that really
connected HIM with the case. The first was that
Whitley sent for Hayes, April 9, TO come TO the
Bleecker street once; the second fact was the
telegram sent from che Metropolitan Hotel to
ulLCy, 6SkIuX wv udb Su3A uOT Lne Lulru IaCC
was the interview between Newcomb and hayes
Toronto at the instance Of Whitley, and the
fourth iacr was the telegram sent by Nettleship
Applegate IN Boston,, saying securities are
whitley. To substantate these facts they have the
testimony OF Hayes only. This chain OF evidence has
she whole cham Ia iails Ills to to the gro ground In regard
TO the first fact the defence expect TO prove that
ON the 6th Of April Whitley was IN Boston and was
met Whitley IN his ONCE In Beecker street. To
the second TACT they VIII prove that Albert Cunz,
gram. and that the signature could not be in the
handwriting OF Whitley. 10 the third fact they
would snow that Nettleship was sent to Toronto
went for the purpose OF getting Hayes to come to
Washington and testify In this case and u ne
would not come, then TO procure an af1idavir from
the fourth iact they would SHOW that the seie-
to this case, but related to counterfelter by the
name ot Johnson, who had jumped his bail and
| 80 that they might obtain the reward offered for
| his apprehension.
with the case The arst was the interview with
Benton IN jail. which amounted to nothing. only
that Benton aid not have any money, and Williams
did not care TO become his counsel In regard to
the second fact, whereas Williams was charged
with running with some nnknown man out Of the
| cisy, Il would be shown that Williams was aiding
Mr Beas Of Alabama gentleman who vas was run, 1,s
| gen teman TO che depot.
AT this point the Court took recess.
ON the reopening OF the court Mr.. Smithers re-
d c to tnaS neoa were
dence connected Harrington with the case; and
nrst he would dispose OF Hayes evidence IN the
had with Harrington at one O'Clock on the
Ioth Of April but which he nrst swore
that az THIS time Harrington was iunchine with
Governor Shepherd, Evans and Kibourn at
that we are able tod TO demosh ii the festimony - which
has held up the good name o: Harrington to ma
lgnity In social circles and In the columns OF the
Judge Humphreys, interrupting There Is no
evidence OF malignity before the Jury"
OF Hayes, about Netteship meeting Dick at vesey
street, they would show that Harrington was IN
tion OF the safe lock from harrington, they would
show by the books OF the owen House that Net
teship left before that interview Was said to have
taken place. In regard to the TACT OF Harrington
meeting Benton in jail they would rely, drst,
upon his general character f; third, upon the
good character Of the defendant and fourth,
jury would be called upon to decide upon the ses-
timony OF Hayes, and we shall show him to be dis
creditaole, frst by general impeachment OF his
testimony and second, oy an impeachment OF spe-
cihc contradictions OF che witness himself. They
will show tnat Hayes endeavored In March last to
get a man named Reese to help him put up JOB
on Nettleship They would show, instead OF Net
tleshlp giving Hayes $50 while MS child was sick
IN Newark, TO 60 out oi the country with, he gave
Washington and testify. Finally, they would show
from his general character his occupation and his
associations that he entirely united TO stand
up as witness. They would show how 1t hap
pened that Harrington and Somervle met at the
Continental HOTEL and why it was Madge did not
see him on the train after they left Wilmington.
but did see him In Philadelphia and they would
show how Harrington's bill came to be charged to
Kbourne and paid by him. In regard TO the re-
leasing OF Benton on bali the facts were related,
and Mr.. Smlhers said the question was not whether
the act was wisely done but whether 1t was cor
ruptly done. They would also explain all the tel
egrams and explain them FULLY, aud show what
they meant and that they did mean something en-
tireiy foreign to this case He read the two letters
from the Bardel case In Dickens and compared
the Smith kilograms with them, saying the defence
would tell them VINO thls Smith was. Williams
was in New York IN search or Kirkland, and these
kilograms referred to this man Kirtiand, as they
were anxious to produce Kirkland before the In
vestIgatlng committee. They would show all
the HIS in the dispatches referred TO
Hooper and Howard two persons who had
some cases at the Treasury Department.
The telegram reading Everything Is lovely, and
the goose hangs high," was sent by one Benson to