Evening star. [volume] (Washington, D.C.) 1854-1972, 1874-11-25

AtNsnoct py Ettung him mixed into TIE mai
and II is oontended that HAYES, Zirruf6 sSd
BeutoD we're used - Instruments a epfr.o
AlexAnoer, and hat they lent themselves 70
II you hnd nom the fact. that thew or .px ,.o
OF them did thess things. OF course thev a tA.t
which the lav denounoes ~ . hlsh Iaisae-
There are one or tvo or more thiacS con.
nected herewith about which there is no c1ntrO-
yersy One e that the tnvestigation vas going
other Is that the ofse Was entered on the night
OF the 25d Of ApTl, lS1A Another, that henton
Wa one OF the men Who went into the safe and
SnSers hoass. and sfSer he h.f hssSy ,s- 20 Aies-
arrested and charged with burglary. III these
Defendants are guilty - charged an the tndict-
nls1 IN oeS Iss.. w no eargsry 10 lAs It's
out OF JAu by the ounsent of Harrington. aftsr
he had turDed over the safe matter Il snerlal
counsel engaged BY the government tolook into
and mo ulre " 40 % bring % trial And for what
ofeDse they should he trlet. 10 is al-5 pneoo-
rOverted that whitley, NettleshIn ana t;np.
we're sttaehed 70 me secret service departments
OF that service were IN New YORK citv t6e ofIiee
being ~ - Bleeker street. ~ h 49, m ,,utro
verted that Harrington soted - the principa
assistant OF the di~rrict attorney n the Vnits
States IN criminal prosecutions before lie tlr1u
nal Court OF this District Al-s Il Is neon
Tovetted that Richards is snd " = the head o
the police, including detectives for this piaca
You thus have gwen, sscert slued. ds8nsd
POINTS and ypU srC 90 nnd sJuie hing uBf ye
legally, judtc allv arrived AZ, whether the de-
PENDANTS or any two Of them are guIg OF not
guilty.
II YOU find from the evidence, takIuz each
TACT which You may Gud @ have been 1rOvsi
And connecting AT together, that Nhitsy
played one part, Nettlcsh q another. Harrington
one and Cunz HnOthtr, Xirruth one auU HAYES
anothcr, Benton one and the Williams thar
escaped another, snt A. Il. Williams a1other,
each kneWing that he was dong somethIng q
sause a false accusation 20 D. made asainst
Alexander thst he was concerned tn \ burElary.
and you hud from the evidence that the part
which each performed was 80 performed gffh a
view 20 arrive ~ tue end which it L. c1.rgeo
they were seeking, the false accusation 81 isK-
ancCr, that the law would pronounce them
guilty, and yoo viii. II yon 80 nHi, rs-arn 5
II yon mo The raci that whittier gave ais as
sent 70 Nettieship 20 work up TIE nt ans bv
which che erd should be accomplished, thts
would make him Responsible fJr Hett,eshIp's
acts.
n you end the fact 20 be that Nsttleshin sent
Hayes aud Zirruth % Washington . wJik cut
he end, this would make him respOnzi Ole fOr
their acts I'm efiecting tue object
IL you q no he facJ 70 be Jbzt Nsftleship sent
Hayes 10 use ne means 10 reach Alexandra, tn
order To entrAp him, aud You ind that Hayes
dio make use OF ZiTruth aud Benton aud the
escaped Williams 70 perpetrste the dee q, then
Netuoship would De accountable for ths - Aots
IN arriving ~ the man object. az yOu flud that
object 70 be the one charged in the Indictment;
and then, N you have previously fOu al the
facts q be that v nitley had ~ NOund himself
With ktttleship as I have stated, then hs 100
IN efecting the end, II you hnd that end 70 be a
false accusation against Alexander.
You will take the evidence OF Hayes aud Zir-
ruth and silt IT, scan tt, dissect Il aud re ants
az, and compare ~ ~ 4 whole and In parts aud
parcels with the testimony OF Alexander and
Demaine, with toe teiegrams which have been
proved, together With the testimony Of the little
girl, the testimony OF the Ulcers ef the uue of
steamers, and II Won md the test m0ay o. HAYES
and ZiTTuth, or either Of them, supported and
sustained by the testimony OF the unimpeached
witnesses aud the circumstances proved, anG
you further find their evidence 70 be cOi.s .steut
and IN accordance with human transactions as
shown b. the evidence, these, gentlemen, the
law requires that yOu shall give Credeuce 20 ~
much OF their evidence a. may be bought
within tie rules OF reasonable belief NOl would
be dOiug violence 20 require more TO bring con
yictiOn 70 your minds OF faith in their tes ImOny
than these rules Of law require.
il You Ind according 70 the rules Z have
stated, that Hayes and Z,rruth have bee.
brought within the bounds OF belief by you,
then sOu win take up the testimony Of Ricn-
ARDS a. 20 the conduct and acts OF Harrington
and Arthur B. Williams on the night Of the en-
teTing the Office, the preparations made before
hand, the following OF Benton aud the escaped
Williams; the refusal OF Harrington 20 allow
The arrest IN the Office, on the way, and the az
rival at the house " Alexander; the instrao-
tons given and the requests made OF Richards
by Harrington, a. you may ind 70 be by tue testt-
Dony OF Richards; then you connect the facts
hnlCn You may ma from Tue NGEtin 1uV OF
Richards, and connect them with toe acts and
conduct Of Harrington, a. you may IND them
from the evidence, IN the release Of BeutOn-n
you hhd that lie bad any agency I'M ms re-
ieasei-COBnect ali the facts YOU may ind from
the evidence, and II from all you find be yond
reasonable doubt that Lie acts we're p.rLs all
parcels Of The grand cOntederscy, then you will
ara him guilty. provided you find the con bina-
uoD and confederation e have existed lCT tie
purpOse of Injecting Alex sndcr 10 the false
shArge OF being concerned IN entering ne Of
zee ano sale TO get oOoks or papers ther efrOm.
II yOu have q reasonable dOUbJ arising, a. II
must, out Of the evidence, TO make IL reason
able, after Rli-the evidence has been considered
~ you, whether Whitley did what you NJ ~ hnd
he did dO-prOyIded you ind that ne old
anything-with the knowledge or consent on his
part that what " as being done was for the pur-
Iose OF bringing Alexander Into the msfter
ialsS y, then yon VIII give him the beneh.Of the
qOubt
You will give to each OF the defendants the
benefit Of any reasonable doubt arising on the
evidence. You must be satisfied beyond 4 rea-
sonAble doubt OF their guilt before you can rem
der q verdict of guilty. But when you are salts
ned beyond q reasonable doubt that they are all
guilty, OF that any two charged In the ,ndict-
Inent are guilty, whether one OF more on trial
may be found guilty together with others not
on trial, You are as much bound 20 returu YER
dict OF guilty as yor are 20 give verdict OF not
guilty when the evidence tails.
SECRET SERVICE.
Witnesses have been introduced under the
rules Of law who have given evidence. which
a
belonging, st some time or other OF their event
ful lives, 20 a service called the secret service.
Thus IL appears that human government,
which, in its most advanced state and condition,
is but imperfect, has deemed IL necessary 70
institute some organized body liable itself to
corruption, to seek out and discover ths cOrrup-
ton, impeTfectOns, gangrenuess and hlthiness
that exist IN human society. We all hope tor a
better state somewhere or other. That some
where or other lies at the foundation, aud is re-
vealed by the Book upon which yOu laid vour
hands when you asseverGted that true aus Rers
you would make 10 such questions a. shOulQ be
put 10 you touching yOur qualifications % serve
8 juror In this case. YOu then pledged that
your mind was In & coud tiOn 20 say guilty" OF
''not gUilty," a. the evidence migut prove. You
= second time asseversted that you wOald act
iml artfally according % the evidence, and in
RccOrdaI ce with that evidence = true deliver
sDce make between the government aud the
defendants.
II is not Tor you % say IL your verdict viii
correct the evils existing, It's not Tor you %
FAY whether your verdict viii elevate the
morals Of the community or purge it Of imper-
iections; but you are 20 grapple with the testi-
mOny. leaving the Law 70 another.
Let me tell you what the law says about wit
ueGses. What am going 70 cay % y0a - what
the law calls Instructions. That IL, ths same
law that authorizes you 70 ST IS Jarors requires
and demands that you shall receive instruc-
tons from tie judge as 70 what the law is, and
you are 70 ascertain IL facts exist.
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