Evening star. [volume] (Washington, D.C.) 1854-1972, 1874-10-27

make any arrangement with you by which yOa
were TO meet him On in Philadelphia?
Mr.. DAvIDGE RAISES An JECTIoN.
Mr.. DRvidge objected, and said Mr.. Nettle-
ship was not on trial, although he was one Of the
defendants. This was an attempt c introduce
the evidence OF one alleged conspi-ator sgsins.
three others. They did not propose to pls e the
evidence of Nettleship against the defendants,
but the statements OF party charged agsius
any connection with Nettleship. Until some
combination is proven no declaration OF party
can Re introduced. He cited WhaT., g. l.
lec. sU2, 18th Wheaton, i69, "a Peters, SIS, 1T
Greenleat, 2}3. In the course of his remarks
be sald that these parties were on trial because
Of the outrageous latitude OF the Star Chamber
Committee-It prescribed no bounds, AMI Al
lowed every little piece OF little ta'tle. ard sub
sequently they morally committed the offence
lie, and thereby
PoIsOEIvG TIE PURLIC MIND.
Were they TO allow the jury 70 be led estray
by the admission OF inadmlsss5le evidence rrIsl-
lng to the chance Of its being ruled OUT here
after?
Judge Humphreys suggested at the govern
meDt go a little further IN the eNaminati0n-
commence at the other end.
Mr. Hill, tor the government, said that this
was question that had to be decided, aud the
government insisted, with due respect 70 the
had commenced.
The Court.--wen, then, let US have the argu
ment.
Mr.. Davidge resumed, arguing that this case
was not a case in which hear-say evidence can
pe JSkSl, dDU Ttd0 rom q missouri case.
AT this point a recess was taken.
After Recess
AT - O'Clock Mr.. Dayidge resumed bis ar
gument, reading from 1st Taylor section 5Z7,
that the conspiracy must first be proven. He
also read section 52s, same work, and said that
the law was that every party wss responsible
for his own acts; that when 1t is sought to give
In evidence the acts OF a third party IL is neces
ssry that the combination be first proved, and
even " hen there is a combination which will
allow the acts of one to be given only such as
are III the tuTtherance and during the pendencv
OF tne common design. And in this case no
shadow has been laid to these ends.
Gen. Henkle called attention to the fact that
all authorities were 10 the effect that some com
biDatIOn must first be shown. His client Col
Whitley, had rot been connected, and Mr.
Williams slightly only. He submitted that not
shadow OF evidence had been proved against
his client.
The court here addressed the jury, saying that
the acts ana admissions CT one party
COULD NOT BIZ TAKEN AGAINST THE OTHERS
until the parties are convicted He addressed
the counsel, stating that he recognized the au-
tborities cited. This was in the discretion OF
the court, and he would not Interfere with the
line OF proof selected by counsel.
The defence excepted.
Judge Humphreys said these declarations
should not be taken by the Jury a. evidence un-
I'll the combination had been proven.
ZIRRUTR RECALLED.
The witness Zirruth was again called 90 the
stand, ard said that on the 16lh OF I7;h of
march he made an arraT cement with Nsttle-
chip in New York to meet MIN at the Bingham
House, Philadelphia, the next morning. Wit
ness met him there between seven and ei kht
O'Clock, and y. took him into his room. n
then went out aud got a sheet OF paper
and lead pencil. He asked witness to write
"DemaiEe engineer - and said . want YOU to
90 right through to Washington and get ac-
qUaiDted with this man. he wanted me to 90
that morning, but witness said he would go at
O'Clock; be asked if be (Witness) had money
enough to carry him through, and he said mo
and gave him SEQ bill, telling him not
TO lCCk Tor him for two or three DAYS for
WANT HCU To GET WELL ACQUAINTED WITH
HIM.
Witness asked, where can see you?" and he
answered, "IIl find you" Witness came on
aLd stopped on q street, with Dir. Sprohs.
ASKED ). the next day il he knew De maine. and
found out from 5. where he lived Oh Capitol
bll, and took walk over there one morning
aid found Mr. Demaine
Mr.. Riddle said he IrOposed 70 pr5va what
passed between MT. Z. and ny Demajne.
The CouIt-COnfne yourself 10 facts, Mr,
Riddle.
WitnesS resumes: II was about the IS h or 10Th
OF March that he saw Denaine, who at the time
was in hurry to go to the Capitol; when they
separated they did not make any arrangement
Tor future meeting; saw ID. two days after
warC; walked with him toward the Capitol; 3
third time witness met him in the horse cars;
rode with him from Capitol Hin to Ninth ard
l., here they hanged cars and separated; wit
LESS went TO his room, 429 J;h street; witness
told Domaine that lie had met mau
In the Marble saloon. This man was
Butler, who he bad met at his room on
a Thursday evening in the first part of A pril;
WitBeEs had seen Nettleshp in this CITY; n ssnt
tor b i'm and witness saw him at the MetropOli-
tan hotel; saw him (N.) four or five times in
this city; witness saw MIR. Parker, OF
Newark, at the owen house; saw Butler
lHayes) with Nettleship, also Mr. Smaller;
5. came TO witness and took him to NettIe-
ship; witness saw Smaller nearly every
day; Shailer paid money to witness twice-Sl1
at one time and SIS or SO at another; this was a
few days before he became acquainted with
Butler; witness bad been informed by Mr.
Smaller that Butler would look for him.
Objected to and exception noted.
IIhe examination OF the witness was in pro-
sress when our report closed
TIE GERMAN WITNESS ZIRRUTH.
Ilrruth is quite an intelligent looking Ger
man, and talks with a foreign accent. He is
about 40 years of age, about feet 10 inches in
height, square built, dark hair, mustache and
beard on the chin, rather prominent straight
nose, square medium forehead, rather dark
complexion, ard blue gray eyes. He was at
tired in a black suit, white shirt, black necktie
and wore heavy sleeve buttons. During the
argument OF Mr.. Davidge he was allowed to sit
at the witnesses stand, and it was apparent
from the careful scrutiny being made by the
spectators and others that opinions were beng
formed.
THS FOREMAN OP THE JURY.
The jurors in this case have appoint d Mr.. r.
A. Griffin their foreman.