Evening star. [volume] (Washington, D.C.) 1854-1972, 1874-11-19
THE SAFE BURGLARY
TRIAL FOR CONSPIRACY.
TwyrTY-FIPTH DAT.


To day. in the Criminal Court, Judge Hum
phreys, the trial OF Hiram e. Whitley, Richard
Harrington, and Arthur Il. williams, charged
with conspiracy in connection with the alleged
ssfe burglar in the District Attorneys Office,
was continued. There was an immense crowd
III attendance anticipating further proceedings
in the matter OF the rule TO show cause on Whit
ley and Dawson as to the alleged contempt in
ON the opening of the court the jury were
sent from the room at the suggestion Of Gen.
Henkle.
Mr.. Davidge stated that he was 90 unwen
that he was unable to proceed with his argu-
meDt, and asked the favor OF an adjournment.
Mr.. Riddle asked il soIns other counsel could
not 90 on.
Mr.. Smithers said that he preferred that the
original understanding between counsel should
be carried out, t. C., that he follow MIR. Davidse.
he would, however, If Mr.. ID. was unprepared
to- morrow, 20 on with his argument,
Mr.. Henkie asked for Col. Whitley leave to
withdraw the return made yesterday, as he had
one prepared by himself, which he wished to
The court granted the leave lad the return
WAS passed to Col. Whitley.
COL. WHITLEY's NEW RETUES IN TIE HAYES
Col. Whitley then fled the new return as fol-
lows:
"IE TIE SUPREME COURT OF -Hs DIsTRrCF
OF COLUMBIA, holding criminal Germ NoVem-
her 19ih, 1874, Hiram =. whitley for return 10
the rule served upon him on the lTth inst issu-
Ing nom this honorable coart, respectfully
II l.
ID made the affidavit referred 10 In the rule,
and upon which a warrant was granted for
the apprehension of one michael HAYES, who
had teshhed on the 18th day Of October. i-7'
ia case Zen pending before tn nonafabie
cur :. -nd that he made the sad afi iayit aftec
consultation with, aud upon the advice of, his
co defendant, Ricdat Harrington, who inform
ed him, the said Whitley, that he, Harrington,
vas acting under advice of his counsel, and
that at the time OF making this said affidavit he
ftEe said Hiram C. Whitley understood that no
arrest of the said Hayes would be made until
the cause then pending and undetarmi ned
before this honorable court should have been
fully concluded; that he had no knowledge of
the arrest of the said Hayes until after the same
had been made, and had not the remOtest in
tentlOn of bringing himself into contempt of
this honorable court, and, having fully an
swered, be mOet respectfully submits himself to
the Judgment OF the honorable court.
ii. q. WHITLEY.
Subscribed and sworn to me this 18th OF No.
vemteT, lo1i, before X. j. MEIGs, Clerk,
BY f. j. MIDDLETON, Asst Clerk
The court remarked that the answer was a
distinct statement that the course was taken on
the advice of counsel The answer could be
lie suggested that Mr.. Riddle also examine tue
return.
MIR. Riddle remarked that he would do so,
ADJOURNMENT UNTIL TOMORROW.
The court said that he would grant the applt-
cation OF MIR. David ge for an adjournment until
10 mOTrOw, with the understanding that should
Mr.. Dsvidge be unable to proceed, Mr.. SmithsTs
Will.
MI. Henkle asked leave for Mr.. Whitley 70
absent him elf from court for a day or two, on
account OF sickness in his family, which was
granted.
The jurors were brought into court, and the
court was adjourned until tomorrow at IL
O'Clock.