New-York tribune., 1874-11-20
TIE SAFE BURGLARY TRIAL.

Tue CASE ADJOURNED UNTIL TO-DAY ON AccouN
OF THE ILLNESS OF MR.. DAvIDGE-wHrTLEY'
AMENDED RETURN IN THE HAYES PERJURY CASE
WASHINGTON, Nov. 10.-The Criminal Cour
met at 1850 m. to-day and resumed the trial of tn
alleged safe burSlary Mr. Henkle asked that tb
jury be Withdrawn for few moments. and the balif
were requested to take the jury outside.
Mr. Davidge said Mr.. Honkle had kindly waited few
moments time to him, and he desired sfsse to the
Court that when the Court adjourned yesterday fully
hoped to be able begin his argument mocniug
but he was really much ndispo that felt
PEELED TO asL that the case be postponed for one day
Mr.. Riddle inquired II somo other counsel was uSt
Mr.. Davidge said counsel had arranged between
themselves 10 have Mr.; smithers follow him. and he
presumed 1t would he desirable 10 carry out the plan.
Mr.. Smhers said he had prepared his argument with
the Intention OF following Mr. Davldge. and he could
II, however Mr.. Davidge was not able to proceed
tomorrow he would eudeavor to his argument
The Judge said no would decide the matter presently
Mr.. Dayidge asked that he might have the decision
at once. that he might retire TO his room.
The Judge--No; VIII decide Il very shortly now
withdraw the answer OF Whitley made yesterday the
Hayes perjury case and submit a different return.
to Mr. Henkle land directed Mr.. Henkle to pass it
whitley and then he said the record would show that
Whitley then advanced. submitted his retsrn and
records, and then said This return now becomes part
OF the public records of the county and Is subject TO n
spection. Mr. Riddle. do you wish TO examine III It'll
your privilege counsel for the Government to exam
Inc 1t. and take such action you may deem neces
sary.
Mr.. Riddle-I was not aware your Honor, that must
necessarily attend TO this case. wii however, ex-
anime the return.
The Judge-I will examine 1t at my leisure, and will
here " now % ana will look at t. After resdns Ing it, the
Judge stated the substance OF t and said lt old not
differ materially from the return made yesterday The
amended return says that upon the advice OF Richard
Harrington, he swore out the warrant, etc. which was
not In the return presented yesterday. After dspOsnR
OF this matter the Judge said regard to the applica
On Of Mr. Davidge he did not feel at liberty TO press
and should take upon himself the duty Of adjournfng
from time to time the necessities Of all connected
with the case might warrant or demand He would not
unreasOnably cODne the jury counsel He hoped TO
be able hold out himself, but he would not press
Others, neither would he compel the Government to
present its side or the at the fag end OF the week
he did not intend to hold any session Of this Court
Saturday
Mr. Davidge-Not under any circumstancesf
The Judge-NO; WON'T say not under any circum-
stances, but will say not under any ordinary cireum
stances.
Mr. Henke asked that Mr.. Whitley be allowed visit
his family his wife was very Ill. and IL %as re ally
willing he wOuii hold himself subject to the orders of
the Court and would return Whenever he was directed
to do
The Jury were called IN and Mr. Riddle said there was
objection his part to the request.
The Judge directed the Clerk 10 enter upon the records
that Whitley allowed to visit his home at bis own
day. The Judge warned the jury TO be very careful
what communication they held with the outside world
and he patient Although TINS case had lasted long
time, it would finally come 10 an end
Mr.. Riddle suggested that the court meet earlier in
the morning. but Mr. Davidge desired the full time to-
morrow.
Tue Judge said that after tomorrow they would con-
vene earlier. He then ordered adjournment until TO-
morrow at IL O'Clock.