The New York herald., 1874-11-18
THE SAFE CONSPIRACY.
Argument for tho Defencc-The Alleged
Alibi OF fWhitley-Hayes and Zirruth,

Alibi OF fWhitley-Hayes and Zirruth,
Witnesses, Denounced as Perjurers.
WASHINGTON, Nov. II, 1874.
The trial OF the alleged safe burglary conspir.
ators was resumed this morning. After the Court
was opened the Judge directed the jury to re-.
tire and then inquired II hayes Was IN court.
Mr.. Riddle informed the Court tnat Hayes went
to New YORK on saturday night.
Judge Humphreys said that he had fully con-
sidered the subject and had written out his state.
ment, which he would submit. He then recited
the circumstances OF the arrest OF Hayes, which
he characterized as an extraordinary proceeding
and an attempt at lawlessness and intlmida-
ton almost unprecedented He claimed that this
Court had sole Jurisdiction or the case. and had
entire control over Hayes. These remarks were
made To show the enormity OF the proceedings
and that the offences were almost without par
allel. He claimed, even III murder case the
Judge had right 10 control and SCI aside co IN.
mltments and findings. He would treat this whole
proceeding AS a nudity and order the release OF
Hayes and his bondsman and thus wipe out this
attempt 10 oostruct the obtaining OF the fun iacJs
in this case, ana wonid treat THIS wnoie proceed
ing or the committing court as naught. The
question OF contempt would be considered when
q return made to the notice issued yeste rday.
Az the CONCLUSION or the Judges remarks the
Jury we're Drought lh.
Mr. HenKle proceeded to address the Jury on be-
half OF Wntiey and SAID he would preface his re-
marks by reading little history to the jury, and
he read TO them the account OF the well-known at
tempt 10 obtain possession OF the throne OF Eng
land, known as the Popish Plot OF the seventeenth
century. de claimed the Michael Hayes Of this
plot was the Titus Oates OF tnat plot. He alluded
TO the Congressional Investigation the sale bur-
glary wnicn had sprung out oil 1t and the attempt
to fasten the origin OF the scheme upon MIR.
Alexander. Inc various steps taken 10 fer
ret out the case, from the investigation by
the committee until 1t was conhded TO Mr.
Riddles care, we're recited, and then thrust was
given at the most extraordinary power exercised
III invading the telegraph oIiices and bringing to
the gaze OF the public private kilograms OF differ
ent persons. An Indictment was founu, but that
did not prove that great crime had really been
committed. Nobody hurt by THIS burglary
1t had all turned out to be q scheme Of Hay and
Zrruth to get even with Netteshlp for dlscnarg.
Ing them rom the secret Mr.. Henkle SAID
tnat Riddle, under the suppostion that there was
some large game IN the jungle, armed himself
with powerful guns and ammunition 10 match
and started out ior Il nunt, but what has he
turned upy Why, this enormous effort OF the
mountain has only brought forth mouse. Com
mencing with Zirruth's evidence Mr.. Henkle then
went over all the testimony With great detail
Referring TO the evidence concerning the signing
OF the vouchers Tor the money paid by Netteshp
10 hayes and Zirrnth Tor their part III the scheme,
Mr. HenkIe asked why those vouchers had not
been presented u court Inc neglect to do so IS
a signiicant and important omission. Alter lin
lshng up the story oil Hayes and Zirruth Mr.
Henkle said he had No douot but that much Of
their story was true and could be corroDorated by
Others but ne aened tnat In a single instance
where these men mad given their own version OF
their conversations with any OF those charged
with thls offence they had succeeded In connecting
one OF tneui with IL in any manner, and these
two men were perjurers. liars ana villains
the evloence Introduced 10 show that Whitley did
not arrive In New YORK till the evening OF that
uay, ana claimed the fact was Iully proven. Re-
ierrlng to the telegram sent by Hayes to Whitley
on the 7th OF Aprl Mir. Hengle SAID 1t was nothing
new lot parties engaged In crime TO send letters
and dispatches to otner persons for the sake oil
duplicating them, even II they knew nothing OF
the matter whatever There no evidence
that Whitley ever replied 70 that despatch. and
here IS wnere Providence intervened TO protect an
Innocent and honest man from tine plot OF the VII
lain.
At twenty minutes after three O'Clock the Judge
asked Ar. He1Rle II he could finish his argument
today aud upon receiving an answer IN the mega.
tive ordered an Adjournment until tomorrow.