Evening star. [volume] (Washington, D.C.) 1854-1972, 1874-09-03
The safe BureIarv Case.

PRODUCE AN AFFIDAVIT THAT HE is SICK OF
CONGESTION OF THE LIvRB IN NEW YORK.
The Criminal Court room at the City Hail this
morning was the center Of interest for large
number Of persons, IN anticipation of interest
ing proceedings In connectis.u with the cases of
VIM. Benton and Michael Hayes, chsssed with
burglary of the District attorneys safe In ASsi
last, Judge Humphreys having some days ago
set TO day fer calling the case. IL will be recol-
lected thst Benton, who was arrested on the
night Of the alleged burglary, was confined in
j;sll until abont two weeks ago. when he was re-
leased on bail, as stated In TIE STAR, Judge
DIN fixing 1t ats2, roc, and one Christian Schiet-
tenhardt, of 391 East Houston street, New York,
sistant District Attorney Harrington, Mr.. A.
q. Riddle. the special assistant to the Attorney
General, in charge Of the case, being absent at
One of the first questions asked this morning
was, Has Mr.. Riddle arrived" This was
followed by the equally interesting ones,
where is BentonP Is be here?" &c. The
first was easily answered, for several members
of the bar had seen Mr.. Riddle, who, IL was re-
ported, had brought several witnesses with
him. The crowd, including members Of the
bar and detectives, were, however, at q loss Is
to the whereabouts Of Benton, until Mr.. Hine
appeared in court and stated that Benton was
sick. At a few minutes before II O'Clock Mr.
health after his triD. Mr.. Harrington and
others came in shortly after. After the openi np
Of the court and some preliminary business
inc COuft CdlcQ tuc case OF benton.
Mr. Hine stated that he was not ready to enter
INTO the trial or the case, and he did not be-
lieve the special District Attorney who had
been appointed to try the case was ready. Asa
ant he desired to read the following:
NEW YORK, Sept. 2, IA.
This is to certify that Mr.. VIM. Benton Is now
attack of congestion of the liver aud Il is reaui.
site that he should be kept perfectly quiet and
free from anxiety OF business for q short time,
as any excitement might bring on q continued
fever. Yours, respectfully,
q. E. CAMPBELL, M. D., 314 f. 18th street.
Criminal Court, District Of Columbid.-United
States agt. VIM. Benton, State of New York,
ton, defendant above named, beng duly sworn
says he is one and the same individual men
toned and described in the annexed certificate
Of DR.. Campbell, and that the facts set forth in
able to judge frsm his feeble and PROSTATE con-
dition, caused as he N believes by the close
months Psi lR sas washington jaw WV BENTON.
Sworn 10 before me this I'd day of September,
1874. W. II. DusKNBsRRY, Notary Public.
Of the notary, signed by VIM. Walsh, clerk of
the supreme court of New York city and county.
MI Hine stated that he had received the afi
dayle only this morning, and he submitted that
Mr.. Riddle, after examining the papers, said
they appeared to be In form. He would ask the
counsel if Mr.. Benton would appear for trial.
Mr.. HIne said that he had had but two inter-
views with Benton, but his counsel, Mr.. Somer-
vile, Of New York, assur ID him that he would
appear for trial If wanted.
The court said that this was a case of a class
which should be set for some early day for a
trial.
Mr.. Riddle.-"win the court remain in ses-
sion a few dsys?"
The Court.-"Yes, sir. We can accommodate
counsel, giving early trials and at the same
time time ample opportunity to counsel to prepare
Nh. Riddle.-.'It might be postponed to some
The COuIt:."How will Tuesday, the 18th
instant, suit?"
Mr.. Riddle.-"That will suit me.n
Mr.. Harrington.-"There are two cases
Wesley jordan, homicide, and Buell., libel
fixed for tnst day, but they can give way for
this case"
Judge Humphreys-"wen,I will set the case
for that day, and if, as the certificate states,
Benton needs quiet, he will probably be ready
Tor trial by the day named" (To Mr.. Riddle)-
I" have been informed that in this case a GER
tihcate was received from the u. 8. commits
sufficient"
Mr. Harrington stated that he had received
such certificate, and read q letter from U. s.
Commissioner Osborne introducing j. j. Stew
art and MIR. Somerviie, and certifying to the
suficieDcy Of Schlettenhardt as bail to SIX times
the amount named. He had examined into the
sutfciency OF the bail himself, and was salts fed
with II. He had taken the action in the absence
OF Mr.. Riddle, and he had no regret to express
for that action, it being proper under the cir
cumstances.
Judge Humphreys SAID that there were seven
indictments, and il appeared that bail was taken
In bat one case. The government could have
warrants on each of the other cases TO be served
in New York under instructions not to disturb
a sick man needlessly, and he could give bail
there.
Mr.. Hine Ito Mr.. Riddle, in a low vOice)-
"Do You propose TO issue the warrants?'
MI Riddle low voice ID don't know now
He will hear Of 1t before the warrant reaches
him"
Dir. Hine Ito the court).-"The recognizgnce
was taken for all the cases-readiag, as it does
and others 1t was understood so by the iudy e
who made the order, and all concerned 50 un-
derstood II. He believed The judge (Olin) acted
honestly and the District attorney slso."
Mr.. Riddle said the bail did not operate "a To
other cases than the one named, and IL could
not be made TO affect the others.
Judge Humphreys said his informa alton was
that there was but one case thought Of at the
time.
Mr.. Harrington remarked that although there
were seven indictments IL all grew out of one
transaction. To save the trouble OF making one
Indictment with seven counts, the District At
torDey's Office had prepared seven indictments
This was before Mr.. Riddle was assigned to the
cases by the Attorney General.
Judge Humphreys asked Mr.. Riddle IL he
would ask for warrants, intimating that the
nece sary order would be made, aud he could
then use his discretion.
Mr.. Riddle said he would ASH for this ordar