New-York tribune., 1874-11-18
PRICE FOUR CENTS.
THE SAFE BURGLARY TRIAL.


JUDGE HUMPHREYS ORDERS HAYES AND HIS BOMBS
MAN TO BE DIscHARGED-MB. HENKLE BEGINS
ANARGUMENT IN FAVOR OF wHITLIY-THE rEo-
TnioNY REVIEWED AT GERAr LENGTH.
WASHINGTON, Nov. 7.-The trial OK tne
alleged safe burglary conspirators was resumed tps
morning After the court opened the Judge direceu
the jury to retire, and then inquired II Hayes was
Mr. Riddle informed tho Court tina, Hayes wehS
to New-York on Saturday night Judge humphrey
said that he had fully considered the subject aud hso
written out his statement which lie woaid submit ho
then reced the circumstances Of the arrest OF ayes
which he characterized extraordinary proceeding
and attempt at lawlessDess and Illumination
almost unprecedented. He claimed that this
court had sole jurisdiction OF the case, and had
entire control over Hayes. These remarks were mado
to show the enormty OF the proceeding and that the
ofense almost without parallel. uo claimed tnat
even In murder case the Judge had right 20 control
and set aside commitments and findings. lie wodld
treat this whole proceeding as ndty' dnd oFier mo
release OF Hayes and his bondsnan, dnd thus wipe OUT
this attempt at obstruction toward getting at the iai
facts this case, aud would treat S Whole proceed
ing OF tho committing court as nausht lhc question:
OF contempt would be considered wien return was
made to the notice issued yesterday AZ the Inclusion
of the Judges remarks the jury were bc0uSht In.
Mr.. Dayidgc was then permitted 10 read and submit
the prayers spoken Of yesterday o the understands
ing of the rulings OF the Court on tue points OF the law
which had arsen and the admission of certain portions
Of the evidence. They six in numb toe las, ono
setting forth that witness had tested falsely la
particular, then no should not be believed In any
particular, notwithstanding any amount Of testimony
in regard to bl, general good eharaeer. Ahe JhdE'
said would consider the last prayer alI would III ko
his decision known whea he made his charge TO the jury
Mr.. Dayidse-May be informed as to your decision
In regard TO the remaining FIVE casesi
The Judge-No Sir. will settle Them when seto"
fha ofh ATT he IcharQe
lay your before the jury.
MIR. HENKLEs ARGUMENT on BEHALF OF WHIT
LEY.
Mr. Henke then proceeded to address the jury on be
half Of Whitley and said he would preface ms remarks
by reading little history to the ilry, aud he read to
them the well-knOwn attempt to obtain possession of
the throne OF England known the POp1 plot OF tho
seventeenth century. He claimed the Michael Hayes ot
this plot the Titus Oates OK tnat pot lie alluded
To The CONGRESSIONAL Investigation OF the safe burglary
which had sprung out OF It, and the attempt 10 fasten
the origin OF the scheme upon MI AleAajeF Inc 'af-
Satlon by tine ComInlttee until it was coniied TO Mr.
Riddles recited and tnen thrust was gwen
at the nost nary power exsrcis IA invading
the telegraph offices aud brin gn the giz, OF tho
public private teegrarns OF dRreut p'rs1us. An IN
dctment found, but that dil NOT that great
crime had really been committed. Everybody believed
at 1rst that this was great crime; that nciarlojs
scheme had been concocted; bat everybody now h1d
the conclusion that there was no ori at ALL
For four weeks this case has been tn d In the most
solemn manuer, aud tue Juiy nave been isoateI from
their families as though high traScdr were beng arci,
but turned out to be all farce. Nobody was huft by
tnis burglary IL dd NOBODY any h%ru ony 70 marc MAKO
Columbus Alexander feel little bad. had all turned
out TO be scheme of Hayes aud Zrruth 10 get even
with NsesniD for discharging them if0E tho secret
Service and jtDey found out that Mr. Alexander wanted
the books Of Exams and they therefore conceived he
idea OF ropng him in and had tue plan succ edcd weli
Alexander would probably have been Ded ~ Sham
ar. Henke SAID tnat Riddle, under the snpposton
that some large game IN the jung armed him.
self with powerful guns, and dmnunoI 10 nlitcb, ana
started for hunt put what has Le turned upf Why
this enormous effort OF tho mounlaln mas o'Y prouxs
forth "a mouse. Beginning VITA ZrrutFs eSldince, hr:
detail. He apOlogized to tue jury Tor taxing up
so much tuie in reel al Of tue evidence, but
OF the evidence had been given that be feit
Justified in going over 1t aSan. IL hen continued rho
narrative vita less detail the recital. RaerrDg 10
tue evidence concerning tue signing OF tue vouchers Tor
money pad by ttieshiP 10 hLyes And ruth Tor
vouchers had not been presented IN Co"It s9eiy tao
counsel for the Government have Aot been delr,ed
from access those Vouchers II they r"a exist amt
they easily have produced thcm here - im9ortlnt
evidence, naG afer y aHisgIp u son OF itS's
and Zrrut, Mr. Hcuke sand c had 10 aou0t that muru
o. tLer story was frue and could be oorUDoraed by
others ne dcned that III single instAiee "Ieie
mad gwen their own version % ihsf .onye-
had succeeded III connecting Of tuep W.T. 10 ~ any
manner, aud these two men were pei .sr', mars AMI
ylIlans by their own confession Tue a| pr sdin,s
person teste5 falsely 10 one point that the "oe OF ~,
testimony is false. Ide converse or this -
not true, and the law docs not prs''.n1 :. 70
be true; that Is, P~fs'A 'S.' t,n
truth In one ipsanee, be te'ls tho
truth in every instance. There - not scn IN o. eV
dencs TO conacct Wntey win tAs Eith all lAo
swearing OF these men. The case Dcss cu thc 0th OK
hnril by the testimony OF these e1, and acre was
Whitley on tQat day Ii 1t DO shown tAIt Nutley was
NOT in NeWYOrK that day, II ne was no. pi sen. at
the threshold or the case, II pui DOWN thIs pillar N
Hayess evidence, then tno whole Structure comes down
with crash ais head DuIJ ns hlh 1ad MS eatc-
ment the ruins.
Mr. Ucnke tEcn reeited the evidence iu'-u -uiucct To
shoW that Whitley did not arrive ~ NsYG rs tu tho
evening Of tnit day, and claimed tue icI wal fuiy
proved. Referring 10 the teeerdin s'ht bs hayes 10
Whirey on the I'm OF April, MIR. HenHe s1ia ~ was
nothing new persons engaged IN cI" 10 sehi letters
ud other persons Or the sIk' OF iiSih-
eating tnem even IL they knew nOtIilg o the master
whatever There was 10 evidence lHt Ni!teS ever
ntervened protect an Innocent ana Oiest man ron
the plot Of tho Wiz tins. -
Al sao o'clo * the Judge asked Mr. lIeuklc " no
could hnlsl argument to-day, aud uppn aet'viJg IA
an, ser in the negative, ordered an adJarlncu G0tl
to-morrow. Mr. Heukie has Occupied mO'i Ul bis uno
in reciting the evidence at great vugl aud IN minGo
detail.