National Republican. (Washington City (D.C.)) 1872-1888, 1874-10-22
SAFE BURGLARY.
SECOND DAY-THE DEMuRRERs TO III

/ G4COAN0 Ia A-A1AL OIl4AN ~ -
PLEAS SUSTAINED-SEVEN JURORS
OBTAINED.
The second days proceedings on the tndiet-
ments against Whitley and others for conspiracy
/ in the safe burglary affair attracted very much
/ interest yesterday, the courtroom in which the
/ Criminal Court held its session being thronged
from the opening until the close Of the proceed
/ ings.
PupctuaIly at II o'clock Mr. Justice Humphreys
took his seat upon the bench, the crEer made
proclamation opening the court, and the panel OF
the regular jury Of theterm was called over.
At the close Of the call It appeared that some Of
the counsel were absent.
The Court said: Gentlemen, If there Is any mo-
ton on the criminal calendar which We can dis
pose Of while counsel are making their appear
anee III hear It.
Silence followed, no one appearing anxious to
After short delay Mr.. Riddle and General
The Co1Ft said: Gentlemen, II it is the desire
that should appoint an hour for the meeting Of
the court. and then wait ten or fifteen minutes
III DO i. Isay ~ 90 u II Il e desired. The
to the pleas. =
Gen. Hsnkle.. am willing your Honor should
The Court. Read the first plea, then. IN dis
pose OF them in their order.
Gen. Henkle proceeded TO read the plea pre-
ing he was employed at his once and did not no
tice the flight Of time
Mr.. RIDDLE also made similar excuse.
When the reading Of the first plea was read the
Court said: That plea will be treated as nSuEht
for its display, as Il does not present an issue.
Gen. Henkle. Then your Honor sustains the
Justice Humphreys ito the ofieial rspOrter.)
Mr.. ClePhane, you are the official reporter, are
you not?
Mr.. @. Yes, sir.
Justice Humphreys. Put that down, and do
not interpolate a word in the opinions Of the
court. Your report viii become part Of the jour
nal off he aoda
ing to save time, but they are, in law, supposed
Mr.. Davidge said, as he understood the ruling
Of the court, it was equivalent to sustaining the
demurrer.
The Court. 1t is not equivalent to sustaining
Mr.. DaYidge. Then, does your Honor overruIe
the demurrer You must do the one or the other;
at least It seems to me so.
The Court said that he had made his ruling
and the defence could object
The demurrer TO the second and third pleas was
sustained and exceptions noted.
The fourth plea was declared double by the
court, and the demurrer sustained on that ground.
The demurrer TO the NTH plea was overruled,
and an issue was directed to be made on the facts
stated therein, and an exception was noted
The demurrer to the sixth plea was sustained,
on the ground that the plea does not set forth
that only nineteen persons were summoned on the
grand jury, and an exception noted.
An issue Of fact was directed on the seventh
The Court. We have now an issue upon two
pleas. VIII you have them tried by jury?
Mr.. Riddle said he was advised that upon an
issue upon the facts raised by the pleas the issue
would be found for the defendants, viz: that the
facts were substantially true. The dificulty in
making an issue arose from the fact that upon the
the ISSUE The jury now at the bar could not;
they were tainted by q common vice with that
alleged Of the grand Jury. II the gentlemen on
the other side are right there never was any box
at all. To this box had the case been brought.
Mr.. Hill had consulted one of the leading law
ar hnf md kaFk
that the Government could afford to admit ali
the facts stated in the plea.
The counsel on both sides were agreed in this;
the court, however, affirmed that the plea rela-
tive to the drawing Of jurors was not true, mas
much as Il asserted q at there had been no draw
ing Of jurors from box.
The counsel on both Tsides thought that the
pleas did not deny the ''draWing from bOxn but
merely denied that the drawing from q box had
been mad. in the presence Of certain commission
ers.
Considerable time was spent at this point dis
cussing the method by which the lfaet that the
jurors names were drawn by Mr.. Middle
ton from a box might not appear to be denied
might be put lin 1.-THE record. The court at one
time directed an issue to be made up as to the
drawing Of the names OF the jurors from box by
an officer Of the court, but the whole matter was
finally settled by an amendment suggested BY
Mr.. Davidge which met the approval Of the court,
and then the court sustained the demurrer to
both the pleas In which at earlier period In the
case he had directed issues. Exceptions were
The arraignment and pleaing over, Hnot guilty.
by Messrs Harrington, Whitley and Williams
was then entered BY consent.
Mr.. Davtdge asked the court to indicate what
would be the method observed in the selection Of
jurors.
The Court said he would be governed by rules
laid down by Chief Justices Marshall and fancy
Mr.: Dayidge. Your Honor has made q happy
selection.
The Court gave his view of the questions which
should be asked jurors, taking as his guide the
rule laid down in the Burr trial and in marine
case cited in Wharton on Criminal Law.
The regular panel was then called as follows:
Q. O'Hare was first called.
The Court Have you formed or expressed an
opinion about the guilt Of either Of these defend
ants in this case?
No, sir: j have not.
Challenged peremptorily for Mr. Whitley.
Thos. p. johnson was called, questioned, &C
cepted and sworn. Jesse F. Mann: accepted and
sworn John Brown, colored. This person said
he never had heard about the safe burglary. He
vas bs HS oIt T0I payer but not taxpayer
r. A Griffin; accepted and sworn. Richard T.
johnson; accepted and sworn. Adam Kiesecker;
son, eolored; knew nothing about the case,
Mr.. Riddle. Wen excuse you.
Mr.. DaYtdge. On what ground?
Mr.. Riddle. HaEnt ! the right to four ehAI>
lenges2
Nh. Dayidge. Certainly not.
The Court read the law Of 1851, and announced
law prior to 1900. Ifnone could be found he would
.ale that the United States had no right to ehal-
N6ge.
The juror was then ordered to be sworn.
John Naglel had formed an opinion; set aside
Edward Edwards. challenged Tor Mr.. Whitley.
Richard s. Smith; colored; accepted and sworn.
ThamRs ]. HoltEelan; pays taxes on his Wife's
property, but has no property Of his own; set
aside. George Harvey; had formed an opinion.
James M. EliasOn; ha0 never read about the safe
burglary; had never heard 1t talked about; lives
in South Washington; set aside Michael En-
right; had formed an opinion. John S. Brooks;
had no opinion that would prevent him from Civ.
ing an impartial verdict.
In answer % . question as to whether he was
taxpayer, Nj, Brooks said he was merchant,
and had license tax.
MTi hld9ie. Then he Is q taxpayer.
Mr.. DaYidge denied this.
The Court. The country is groaning under the
weight of license taxes. They are the heaviest
taxes that are levied. He held that license
payer is q taxpayer and the defence excepted.
Bernard Kock; had formed an opinion. James
Z. Lydane; CHALLENGED. Gustav Hartig; had
formed an opinion. VIM. H. Craig; accepted and
sworn. John BrOsnan; had formed an opinion,
Charles W. Petit; had formed an opinion. John
b. Donnelly; challenged. A. A. Fry; had formed
an opinion. Michael H. Homiller; excused.
Jedediah Giddings; had formed an opinion.
The panel was exhausted at this point, seven
Jurors having been obtained, and the court d.
rected that twenty-five talesmen be summoned.
After some instructions to the Jury relative to
their conduct, the court adjourned until this
morning at II o'clock.