Evening star. [volume] (Washington, D.C.) 1854-1972, 1874-11-07
THE SAFE BURGLARY
Sixteenth Day: Proceedings in The Criminal Court
MI. smifhers Closes. and witnesses
for Defence Called.

OF the uial OF Hiram y. Whitley, Richard Har-
rington, and Arthur b. williams, charged with
conspiracy in connection with the alleged safe
burglary in the district attorneys Office,
Mr.. Smithers, for the defence, continued his
opening. Referring to the admission OF Benton
TO bail, he said that Mr.. SOmeryille, Benton's
counsel, called upon Mr.. Harrington for the
purpose of secnre his release and Mr Harrfng-
ton being DESTROYS of aiding the counsel called
with him ON Judge DIN. His release was
affected in the ordinary mode aud the iudye
approved the proceeding. The kilograms were
next referred to. The offices having been
searched and the csballstical evidences which
they had been unable to interpret were pro-
duced, but they had signslly failed TO connect
them with the case in the manner desired,
They reminded him Of the messages Of the
BARDRIL VERSUS PIcKwIcK
breach OF promise, which he read 10 t,,e 1prv.
creating considerable amusement .chen -
ing fIom the mass of kilograms: dEyervtbing is
.Siey and the goose .asueh hi Ga" He said that
tbs goose .ug. 40 high that the presecntio1
- rallied 10 reach it. He explained the Smith
kilograms as a matter between Harrington aud
Williams relating to party they desired % pro
duce before the in Testigating committee. This
party was Kirkland, but they used the name
Smith. Other kilograms were ex planned Is re-
ferring to private business. Nettleship was en-
ployed in the Howard csss, and that explained
the frequency OF the initial {" IT," Mr.. Smitaers
briefly Tecited the occurrences OF the 23i daY OF
April, calling attention TO the anonymous letter
ISes ~ 6y HsITiDgteps Shlsa wac sh2Sn 70
Evans, who attached but little Importance to
Il. Subsequently, while he Harrington was
dining at WtlckeT's with Hallet ki!bOuIn and
John o. Evans, Mr.. Evans acquainted him with
the fact that Ross Jansen had been seen to enter
bis Office; and OF Mr.. Ii. giving directions to
Evans to have the Office lighted up through all
the rooms. MIR. Harrington knew that he had
important papers in bis office connected with
his official business He next communicated
with Major Richards and MIR. ClarT0e At hi;
own bOuse.
MR.. ALEXANDER CRITICISED.
The counsel here expressed his regrets ths-
Mr.. Alexander did not communicate as freely
with the police in relation 10 circumstances
which came within his knowledge. Had this
been done this matter would never have Oc-
CURED. There would have been an end of il.
Mr.. Harrington acted wisely in communicating
with the police. IL was agreed to watch AMI
follow; they al went together, Major Richards
having entire control Of the whole matter, post
ing his officers where be thought best, and
taking Iost themselves where they could OBJ
serve or make arrests as the Judgment of Rich
ards should dictate. They we're In a room which
commanded both front and back entrances
TO the Office Of Harrington. This was the most
eligible place, and gave Major Richards entire
observation and control. Both Harrington aud
Richards assented to Evans going to the club
house TO tell Joshua PaTke not to return to the
Office on that night and su bsequent movements
taksn on that night we're by the concurrence of
Richards. Now, who was in charge on that
night?
MAJOR RICHARDS WAS ALONE RESPONSIBLE
for the events OF the night. Mr. Smithers con
Cludes as follows; "NOw, gentlemen, who was
IN charger will not weary this jury or eS-
haust myself by going further in relation TO the
transactions OF that night. You see the object
and motive; You see the consultation and agree
ment; you see the superintendent Of the Me-
tTOpoiltan police in charge. Not any under
suspper; but you see this young gentleman
going TO the head OF the department itself, MAJ.
Richards, and the chief of police, taking coun-
sci with them; going there under Major Rich
ards supervision ana direction, he having full
and entire control and charge, and for what
ever mistake or accident, or not having fOrcs
enough, or not giving the proper orders, or not
doing the duty on that night, Richards is alone
TeSpODsIble-HOt criminaliy, gentlemen, far be
It NON me to say so, but in a mistake of duty.
They all lost their heads except ClarVOe and A.
u. Williams. Iyey lost his from one cause;
Harrington in his excitement had lost his from
another cause. Tom. Shepherd, when Harring-
ton tod him, GO, Tom, down the aleY, and
call the men, got all about il and lost his in
the excitement. Richards was not equal TO the
occasion; ClarVoe would have done better; and
the only men that were really self-pOssessed in
following those men hat night we're ClarvOe
and a. b. Williams. The latter took down L
street, where the burglar went, while all the
rest went Peil-mell IN gang, following the
man whom ClaTyOe was pursuing, Now, gen
tlemen, there is the transaction. The proofs
which We will submit / think will cOrrOborate
al have said. We will fortify ourselves by
testimony at the bar, snd now leave the case
again to the conduct OF my colleagues.
A WITNESS CALLED FOR THE DEFENCE
The defence called VIM. T.. Chandler OF
CambridRepOrt, Mass, who was sworn aud tes-
tined that he Is the chief accountant of the BOs-
ton navy yard; was at Col. WhitIey's house on
the night OF the 5th Of April, when Collector
SimmOns OF Boston, and others were present:
Witn.ss spent the evening there and, the next
morning, took breakfast with Col. W, and ac-
companied him 10 Boston and left him W. al
the Revere House about O'Clock. MIR. Bates
was 81 the house on Sunday. Col. W. said he
was going TO New York and had his satchel
with lin. Witness was in the habit OF making
entries IN memorandum book of events, among
Others Col. VS. arrivals and departures from
home.
MIR. Hinkle.-wuI you refer to that book and
read the entry you made at the time?
MIR. Riddle object. /
The Court think can settle this matter
hr; Riddle-Nery well, If L am not to be
heard.
The Court hope no counsel will make that
remark again during The progress Of this trial.
When the court interrupts counsel it is genar-
sis.y understood that his mind is made up on the
sid. Ok that counsei Is Would moi. ALLOW rn-
70 1t. Witness on referring to the book, said
Col. W. arrived at home on the 81 of April.
Cross-eIsmined;-hsve kept diary for ten
years have noted the movements Of Colonel
Whitley ever since witness has boarded at his
house, did note the day he ascertained that
Whitley was alleged to be connected with this
case; cannot Tx the day witness was asked to
testify as TO the whereabouts OF Whitley; failed
to note that fact.
By MIR. Henkle.-Enow that SUNDAY, April :
was Easter Sunday, the day on which the party
The witness was cross-examined at some
length, principally as TO the entries in his mem
OTandum book.
The court at this point adjourned until this
morning.
To.day's Proceedings.
This morning, on the reassemblinz of the
court Judge Humphreys remarked that he
would hereafter make the order in reference to
the payment of the defendants witnesses as
ctrcuulst EDces show the necessity for such pay
ment. II il should turn cut as the trial pro-
crosses that the witnesses have been summoned
to give evidence unnecessary and irrelevant II
viii be a matter for future consideration.
GOVERNMENT WITNESS RECALLED.
Mr.. Shtrsler was recalled Tor the government
ana produced copy of a message received i'm
New oIk by sound. This message is addressed
TO 4. ID. Williams, care OF VIM. Hall, IS Crosby
street, New York; and witness, turning TO tbs
delivery book, read the receipt, "a. b. Will
hams; hr. Gill" Witness also produced i'm
presSons of two other dispatches addressed ga.
Il. Williams, 20 9th avenue" and receipted for.
Gross eXamined:-Ihese dispatches are signed
"HaTTy." Witness explained that if there was
an error IN the dispatch II would be copied.
Dir. Davidge stated that the receipts were not
II Williams Ia ndwriting.
ANOTHER WIT NESS FOR DEFENSE
The defense called Mr.. Jesse Ward who WAS
sworn. Witness resides in Sussex county, New
Jersey; knows Gus ZirrUth, whose family re-
sided at Newton, in that county; knows his
tZ.'sl general reputation for truth and veracity
which Is very bad; would not believe him a.
on oath. ~