Evening star. [volume] (Washington, D.C.) 1854-1972, 1874-10-20

COL. WHlTLY DESIRES CONTINUANCE TO
BSABLE HIM TO SECURE IMPORTANT W.T.
NEssBs-THK REQUEST RRFUsED-As APFI-
rAvIT PROM NBTTLEsHIP-MR. RIDDLE
ASKS FOR BENCH WARRANT FOR HIS AR
RfsT-ARGUMENTs or COUNSEL.
Today was the time set for the trial, in the
Criminal Court, Judge Humphreys, of the case
Of II g. whitley, |. q. Nettleshp, Albert CUM
Richard Harrington, Gustav Zirruth, Arthur
B. Willisms, and Michael Hayes, charged with
cOrSI piracy in connection with the alleged bur
garS OF the rate In the District attorneys OIL sc
II a ITil last. In addition to the above, George
r Miles alias Bliss alias Albert Williams and
walter Brown Alias William Benton, who are
alleged TO be the parties who performed th r.
work, were indicted for burgla and for lar
ceny. Benton, it will be recOllected, was ar
rested on the night of the alleged burglary, aud
it is alleged that Miles was allowed to escape.
On the indictments being found, Messrs. Har-
ringtOn and Williams came into court and gave
bail i'll $4,000 each. Whitley gave bail In BOS-
ton, and Nettleship at Newark, n. j. HAYES,
it will be recollected. was arrested and brought
here, aud, after giving his testimony before the
Congressional committee, was committed TO
jail, and subsequently he appeared before the
grand jaTy. subsequently he was released from
jail on bail. Benton was also released on bail
furnished by q man named Schlitterhart, OF
New York. Cunz was arrested in New York,
and the following from the New York Tribune
of Saturday states what was done IN his case on
Friday last:
SIN the United States circuit court on Satur-
day, in the case of Albert CUM, who is indicted
in the Supreme Court of the District of Colum.
bia for cOnspiriBg to defane the character Of
Columbus Alexander, Assistant United States
District Attorney Purdy moved that CunZ be
sent TO Washington for trial. EX-Mayor Hall,
Cunzs counsel, opposed the motion on the
ground tbat Cunz's alleged offence was not one
against any federal statute, or even against the
common law OF the District Of Columbia. Ac-
c0rdlng 10 the act OF l, 80, Mr.. Hall argued, the
offence charged must BE- one against the generic
law OF the United States, and not being such an
9neIce' Cunz cannot be legally eXtrAdited 10
Washington: In his reply 10 Mr.. Hail, Mr.
Puvdy took the following position: When the
District OF Columbia was cedPd by Maryland,
the laws of that state, As declared bv Congress
were in force, and were TO remain ia force IL
that District. According to the laws of Msry-
land, 1t is a crime to c0nsplre to defane CharsG.
ter, and ii was therefore an offence against the
laws of that District for CUM to conSpire %
defame the character of Mr. Alexander. A'jer
some further discussion, Judge Blstchf0rd lid
that he would reserve his decision"
TIE PROCEEDINGS IN COURT TO-DAY.
AT an early hour this morning the Offices of
Attorneys, Mr.. Dayidge, for Messrs. Harring-
ton and Williams, and Mr.. Riddle, (IhO will
prosecute with Attorney General Hill,) as also
the District Attorneys office, seemed TO be
alive with witnesses. reporters sc. Antieipa-
ting great crowd, Marshal Sharp with his
Deputy, Col. Phillips, with the bailifs was
early in the co rt-room, and set about arranging
the furniture. The large table was moved from
the center of the room towards the jury, leaving
the space immediately in front of the judge :
seat and the clerks desk for spectators, At the
to admit officers Of the court, members OF the
bar, witnesses, Jurors and others having busi-
ness.
Among these early in the court room were
Judge Wilson, of Indiana; Pay Director CIn-
ningham, Mr.. Gibson, of the New York sun
l.. q. Washington, Of the Louisville Cour.-Jour-
nal; ex-senator FOote, Hon. HOratio King, and
the brother OF MIR. Harrington.
MI James y. CIephane, with his corps, were
ire ent TO make the Official report occupying
az signed seats at the clerks desk, with repre-
n p md Tha
Chronicle and Critic men had a table near the
witness stand, and the representatives of other
papers were assigned seats behind the counsel
Ior the defence. At the large table was seated
Nj. harrington with his counsel Mr.. Dayidge
Gen Hinkle, Col Robert Christy, accompa anfsd
by MIR. Columbus Alexander.
7HR COURT CONVENED.
Promptly at noon the court was convened and
the jurors having been called, Judge Hum
phreIs announced that this was the day set for
tIial OF Hiram z; Whit ly, and asked what says
The counsel FOR the government not being pre-
sent, they were sent for and appeared in rev
minutes.
THE O ovERNMENT :EADY FOR TRIAL,
Mr Riddle stated that the government was
Mr.. Davfdge stated that Messrs Harrington
and Williams were ready to proceed to trial.
Gen. Henkle, for Col. Whitley, stated that in
a lew minutes he would be ready 20 file plea ~
abatement.
NKTTLEsHIP NOT IN COURT
Mr. Ri3tle-If the court please, we would
ike TO be inform if Mr.. Icabod G. Nettleship
is in court?
Gen. Henkle said that he had received An sF
hdayitfrom highly res pectable lawyer of New
arg, where Mr. Nettlesnip resides, for q con-
tiruance CT the care.
Mr.. Riddle submitted that Mr.. Nettleship not
having submitted himself to the Jurisdiction of
the court he had no standing in the court.
Gen. Henkle said that he had compiled With
presentment made in this case, and there was
an old act Of Maryland which provided that no
person could be held unless presentment had
been made by grand jury.
The court suggested that the plea in abate-
ment should be considered drst.
At this point Mr.. j. Jay Camp, assistant
clerk, took the oath OF Col. Whitley to the plea
of abatement.
The Court said that the announcement should
be made as to whether the defendant (Whitley)
was ready to proceed to trial.
COLONEL WHITLEY NOT READY.
General henkle then read an affidavit for
continuance, stating tn Il one f. c. Banfed
was mater al witness for him, and he would
be able to prove that he Whitley had been re-
lieved of service and was on leave in Florida for
several months; that in March last he was called
by said D.nfcld and requested by him to give
attention 10 0De Ballard, a notorious counter
feiter, and General o. o Howard, and he 40 di-
rected his assistant, 1. c. Nsttleshp; aad to ar
-est on2 siicSael Hayes, which he directed one
NewcOmb TO do; and q! so that one Samuel T..
Chandler, of Cambridga, Massachusetts,, was
an in portant witness, and would prove thar At
a time wien Hayes says he (w.) was in New
lOlhs NC was III NhuDIl anu WAS HOW SICK
Mr.. RIDDLE OBJECTS.
MI Riddle argued sinst the continuance,
Claiming that the affidavit was not sufficient;
that 1t did not set forth that a summons had
been issued for Mr. BaLteld. He claimed that
the case had been set several weeks ago for to-
day, ahu the defendant had ample opportunity
to procure their afidayits, aud could dc so now
Gen. Henkle replied that Col. Whitley was
not aware OF MIR. Banfeld's removal to Cali
fornia until his arrival here Wednesday last
de asked to supplement the affidavit with ad-
ditional facts to make IL sufi cient. He would
ask that the case be continued.
Judge Humphreys said there were two
grounds for q continuance, one that Mr.. Ban
feld, material witness, was absent. That In
his opinion was not sufficient. He could be
telegraphed for. The case has been pending
before the public too long to be delayed farther.
As to the other witness he would give an op-
portunity to take his deposition, therefore Mr..
Whitley should 90 70 trial.
The court then inquired as to q continuance
In the case OF Nettleship. and directed that he
be called; which was done.
MIR. Riddle called attention to the fact that
Nettleship did not appear in person nor by
counsel. His counsel appeared here by proxy.
Judge Humphreys said it appeared irregular,
at least.
Gen. Eenkle said that he considered himself
authorized to appear for Mr.. Nettleship for this
purpose, MT, N. he advised. recaptlv lost