New-York tribune., 1874-11-17
PRICE FOUR CENTS.
THE SAFE BURGLARY TRIAL.
THE ARGUMENT BEGUN.

| THE PERSONS CAUSING THE ARREST or HAYES
ORDERED TO SHOW CAUSE WHY THEY SHOULD
| NOT DE PROSECUTED FOR CONTEMPT or CoURf
THE OPENING ARGUMENT PoR THE PROSE-
cUTIoN by Mr.. HILr--A GENERAL REVIEW Oh
THE TEsTIMoNY-THE MOTIVE OF TIE ALLEGED
BURGLARS IN RoBBING THE SAFE.
WASHINGTON Nov. 16.-The trial Of the al
legged safe burglary conspraors resumed at noon'
| Judge Humphreys said:
GENTLEMEN OF TIE JURY: have an inquiry 10 make
OF y ou TINS morning; Have any OF yoa seen neW%
relation 90 this since the Court adjourned last
5dss flSy either in regard to counsel or the
| All the Jurors answered in the negative
The Judgc-Mr. baiR, you will take this Jury ont
into some comfortable room until sent for 10
the Clerk the Judge sad: Mr. Middleton. has any,
thing ranspired IN relation this since the Court
THe CerI~Yes, Sir Mr.. Hayes was brought ont OF
jail and released on ball. was sent for TO take the re-
cognlzance Which was entered into Dy hr A!eXenaer'
The Jndge-What was he in fail fori
The Clerk-l understood IL was for PERJURY.
The Judge-Haye you any record OF IL before tho
The Cler,-No. Sir only pencil memorandum which
Marshal Phllips-Be was in Jail your honor. and was
brought out the order of Judge Cartier.
The Judge-What was be In jail for
The Marshall can find ont at the jail.
The Judge-GO TO the jail and get the commitment
and bring t here at once We will take recess for ten
minutes Till this Information arrives.
At the expiration OF the recess, the commitment was
brought into Court and read by the Clerk. IL
signed by L. b. Dawson Clerk Of the Police Court and
charged Hayes with committing perjury in the case now
at issue. After 1t had been road the Judge directed the
Clerk to issue writ and subpoena, duces tcuH, to tao
Clerk of that Cour with the swearing out
the WRIT and summon them 70 appear before tbs COnrt
Wednesday next at o'clock with the records OF tGat
Court and slso to show why they should not DC pro-
then said Gentlemen do you want to argue tals case
nowf The Counsel consented and the Judge directed
the Jury be called in
Mr. Davdge desired to submit prayers for instructions
In relation 20 some points or law -.
The Judge declined to hear them at this point in tho
case, but said be would DO 80 at the proper time
Mr. Davdge reserved the right 10 enter exception.
THE OPENING ARGUMENT FOR THE PROSECUTION.
Mr.. Hill opened the the jury the prosecu-
ton, SAYING that he entered into this trial with tho
reluctance and would gladly have left II 10 other
hands, and would have been most glad il the defend
ants. especially MI Harrington, had been aoe t. ex
plain satisfactorily all the charges made against them.
He then alluded to each Of the prominent person, con-
nected with the alleged conspiracy, paynG - c0mplI-
ut to HarringtOns ability rs lawyer and his success
Assistant Attorney for the Dstric' an1 then pro-
ceeded to give the charges In the Indictment claiming
that not only had every charge been proved u muh
than had ever been even hnted NJ had been sub
stantated He called the attention OF the Court to tho
points of law on which he claimed verdict OF guilty,
shO wing cited that not even necessary that
cOnspraOrs should even be acquainted with each other
Tle members OF the Secret Sprlicc were dlsreDuaDy
mixed up in this matter, else why was Netleship to-
day fugitive from justice with a broken bail bond.
eludng warrant OF this court Why Vas he not here
to answer parties who were naignng am II nc mao
cent? As Mr. Hill advanced in h!s argument he alluded
10 the statement OF Smlners that Major chards nad
lost his head " II any one lost hls head stld M mn
Harrington, who did not lose IL that night but
when be first consented 10 enter INTO ts cosp1cy and
he has not yet found A." He alluded to the singular
coincidence Ia which Harrington when he mad received
OF warning said that IL any one was going 10
break into his safe 1t must be the memolaiiss, and
they must want to get some o0Ck ana an tnose books books
bus Alexander. All OF this was said by Harrington be-
fore burglary took place. The sickness OF Hsrrng
ton Oh the night OF the burglary was alluded TO- WHICH
said Mr.. Hill, occurred just az the noncn: when Har
pu bpO raj IN ~ a H.
The missing telegram was ne x taken up and tue posi-:
il was presumptve that was important evidence.
Ths telegram tneY considered important, and not until
the last moment did the defence Introduce any evidence
10 explain the telegram and then comes in Henry VII
liams brother OF the accused and says he wrote
tHe na,pe Harry to IT, He also says that TIC NJ n tho
ds patch should have been Ga" and 1t alluded To
cntire strange here and visi; tAemt Wien
Genet on the stand, not question was nt to MIA
relation to tins matter aud he testified mat DC never
saw Williams before aud tina they apprd 20 him Simply
because he was relative OF kirtlanh' ASain Wliaa
10 him with the "" IN II. Why dit he not, in lis
reply ask for an explanation Of the letter mp WHO
was IN" il not NettIeshp And Williams. ~ Ns~-
York understood IT, Tue evidence OF II 'nry Wii!idis
IN the case Mr. Genet would have Deen questioned ny
the prose cutiOn when he was on III, stand.
e vdence Of Hayes and aruth shown 10 be
borated by telesrams aud Other MdegeEc1! c;id"ncr.
alluded TO- and Mr.. Hin took UP The OF whitley
stances to show that ii uncommon tuS Tor per.
sons mistake, and think they iid srfi psgson.
when they had some Que resembling L.in All those
tesiyng OH this point did not satisfactorily show tbat
HAYES was in Boston on the 9th, and he OFT HID pre-
ferred to rely ON the telegram sent 10 Bauhri ~ Ne"
would be in Washington the neXt day. In relation 70
said Hayes was examined IN ~, ~. Au-dst ae
handed to Mr. Wilson the paper on which ne WrOte tLe
good. invest" and which he attef"aid Ceeiii 10 send
Thls paper set MT. wilson 10 ,No!h 70 hnht
until he found similar dispatch sent gy N'ttlG'mp
from small station above Toronto. Waic this hluJ
going on Hayes was lying here ~ ~. ani could
really sent for he had seen no one couneeted Win a.
There Hayes's sta einent e0rroDorded, and Apple
have related the Johnson case, for N"tiiestf tcc
Hayes &C in relation 10 his cwn eas The at
tempt to prove allUi III the cas- VI NcueslHp was
then taken up by Mr.. HI! He alluded TO tlr slnSuIr
fact that 1Octor did not see Ncttcshp at the tie
memory depended ON the statement o. IAe doe
and his memorandum book. To refute this. tae official
showed that Netteship in WdshingtcI tie 2Jt,
aud lett that night FOR Philadelphia. allhoIgh Mr. hii
tou l the 2ita At this p1iu; e oc5cl. II: Hi sug.
gested recess, and one was accordingly takcn.
AFTERNOON SESSION
After the recess, Mr. Hill called tue attention OF The
iury 10 Harrng;un's conduct at his inttTyi " with
Madge and Gov shepherd ut the Ar,lngOa ot'l, whre
no WAS perfectly Indifferent TO the pron sol asss'-
~ have Madge keep Cater employ ed. oyen he HIr.
-, ,Is aanpe i'm Harrington dceauu owari Carcrf
Tt wns bccansc Carter had called again Mage aud
EnInnnus AexanGcr, and Harrington Mas then AFRAID
tlat Carter would tell the wh0ic story uuc>s he was
sienced and the best way 10 silence hi'n was 10 employ
him Harriuglou's visit 10 Someryic, IA Para elphia,
was next commented upon ami Mr.. Hun sail Mr..
S,phers promised u.s. IN his opening, that soDeryio
should be heIe Uut why was he not bioIent mere, he
cjuld have explained all OF these hiAs SltlsfactOryf
Mr.. Davidge Guterrupt'ns)-"ny dldn'' y0a bring
Mr. Hll-I is not business to bring Witnesses