National Republican. (Washington City (D.C.)) 1872-1888, 1874-09-22
THESAFE-BURGLARY CASE
DAY OF TRIAL FIXED PERRAPTO-
RILY FOB OCTOBER 20.

FAILURE OF SEVERAL OF THE INDICTED
PARTIES TO APPEAR-MR. WHITLEY APP
PEARS BY COUNSEL DETERMINATION
OF THE COURT TO PROCEED WITH TRIAL.
At the opening Of the Criminal Court yesterday
. large crowd attended. that being the day fixed
for q final determination Of the day upon which
the trial of the indictments for conspiracy in the
safe-burglsry case would be fixed.
Judge Humphreys took HIS seat at noon, and the
court was opened.
Judge H. Immediately called the case Of the
United States VS.. Whitley and others, and said to
MI. Riddle, who sat Immediately in front OF him,
"Are you ready, Mr.. Riddle, to hx time for
trial in these cases?"
Mr.. Riddle. If the Court will permit me, since
the meeting Of the court at which it was agreed to
NJ definitely to-day 8 time for the trial Of these
causes, I have addressed myself diligently to the
preparation Of the case at least far as obtain
ing information of the whereabouts of parties.
SC, and when asked to delay the matter until
to-day I expected that by this time all or nearly
all Of those indicted would have either come or
have been brought to an appearance. Five yet
remain without appearance. 1 had hoped that
by to-day their appearance would be entered, for
all four have been heard from, tive including
Hayes as learn that on Friday one appeared in
New York and offered to give bail; and also
had assurances from Hiram q. Whitley that he
would appear here to-day.
Gen. S. S. Henkle lIr. Riddle, I represent
MI Whitley, but do not want to interrupt your
speech.
Mr.. Riddle Is he hereP
Gen. Henkle. No, sir.
Mr.. Riddle, (cOutinuing.) I am now certain
that some Of the parties can be reached and
brought here only by the stringent processes of
the law, and that, Of course, will occupy some
time; and while every effort will be used to OBJ
tain their attendance yet, as at present advised,
should not be willing to enter upon the trial Of
this case under four weeks from this day. BY
that time l will have made all preparations that
can be made. If the Court would name Monday
or Tuesday in the third week Of October, l will
be ready 20 try this case. could not, with due
regard to the public, set earlier day. I am
personally as anxious as any one can be to dis
pose Of this case, for it takes my entire time.
MI. Davidge said he had no doubt THAT Mr..
Riddle was using all diligence to bring this case
to a trial, but the causes Of delay were beyond
his control, he had Just stated. If any ofthese
defendants will stand out until cOerced by legal
process to appear, the case may not be brought to
trial this term, nor the next, nor yet the next
There is no dificulty in any one Of the nOn-resi-
dents prOlonging the hearing Of this case beyond
the present term. A hdbedS corpus could be OBJ
tanned, and on that an appeal taken to District
Court, and so delay added to delay. lam told by
counsel that Mr.. Whitley would want the case to
20 over the term, and this may be the case with
others Of the defendants. Two Of the defendants
have given bail here, in view Of the fact that they
reside here and desire to have the case heard as
speedily as possible. I have come to the coneu-
sion TO ask your Honor to designate the day men
tined by Mr.. Riddle, and to allow the defendants,
Mr.. Harrington and Mr.. Williams, to server in
the trial. This ought the more readily to be
granted, as it is now certain that all the others
l.. - r.
that Messrs. Harrington and Williams be allowed
to sever and that their trial be fixed peremptorIy
or that day.
The Court. I cannot hear that motion at this
time. Ito Mr.. Henkle.) Mr.. Whitley has not
yet appeared.
MI Riddle. think Mr.. Whitley should appear
in person before he appears by counsel.
General Henkle was sure that there was no de-
sire on the part Of Mr.. Whitley to avoid trial. and
proposed to read a letter from him.
The Court. You can state in short the sub
stance.
General Henkle. would prefer to read it.
The Court. That would not be proper now.
General Henkle Then I will state that Mr..
Whitley has unoficially learned that he has been
indicted. His residence is in Boston, and he is
ready to enter into sufficient bail for his appear
ance. He Of purse needs time to prepare his de-
fence and does not desire an immediate trial, and
The Court. cannot hear such applications IN
til Mr. Whitley appears in person. If he wanted
to avoid the regular process Of the law, it his
duty to appear in court. 1 understand that the
courtesy Of the officers Of this court has already
been extended to Mr.. Whitley, and that he
agreed to be here to-day.
Nj. Davidge supposed that Rr. Whitley did
not expect that his attendance would be needed
until the trial.
Mr.. Riddle. He has given personal assurances,
as personally know, TO be here to-day.
Mr.. Dsyidge. Oh, then, 1 beg pardon.
The Court. 1 am making a ruling now. If
parties wish to avoid arrest they must make
their appearance in this court, otherwise the pro-
cess of the court will be used to bring them in.
1t is the intention Of the Court to be deliberate
in all this matter, at the same time l must be
permitted to say that the law requires certain
things which it is my duty to administer. 1t is
the duty Of all implicated complicated in # by
presentment to come forward for trial, but some
Of the parties do not appear as required by law.
don't say that it is intentional, it may be owing
TO Misrepresentation; but after to-day It will be
considered as an attempt to trihe with
the court. That much for that point. Al
though it may seem slow in the opinion of some
persons, design that the case shall be proceeded
with deliberately. Unless we proceed in that
way, my experience is that justice cannot be done
either 10 the accused or to the public. l fully
satisfied; and, gentlemen, must be permitted to
say that, having been entrusted with the conduct
of this case as it comes within my assignment, it
it my duty to conduct it with diligence, yet with
due deliberatiOn. Public justice, public good
public quiet require q speedy investigation of
this case whether in full or in part. Every power
known to the law will be used to bring to a speedy
trial the parties who have been presented by the
only tribunal that could present. As suggested
by the counsel for the Government and eOncurred
in by the counsel for the defence, shall set the
10th Of October (which is Tuesday, for this trial.
At which time, If circumstances over which we
have 10 control do not prevent, this trial must
begin.
The Court then stated the reasons which pre-
vented him from setting any other day, and then
took up other cases, refusing to consider Mr..
Mr.. Davidge's motion for severance until the
case was called for trial
THE EHPEZZLEHEKT CASE