New-York tribune., 1874-11-07
THE SAFE BURGLARY TRIAL.
THE EVIDENCE FOR THE PROSECUTION
NEARLY COMPLETE.

NEARLY COMPLETE.
MIR. RIDDLE OBTAINS PERMISSION TO INTRODUCE
ONE MORE WITNESS To-DAY-THE CASE OPENED
FOR THE DEFENSE BY THE HON. N. u. sMITHERs
THE TESTIMONY OF ZRRUTH AND HAYES AL
LEGGED TO BE WORTHLESS.
WASHINGTON, Nov. 6.-The trial of the
alleged safe burglary conspirators resumed In the
Criminal Court today
John o. Evans sworn: Witness is a resident OF
Washington; Harrington received trom witness two or
three o his account books take to his Office; witness
does not recoec just how Harrington got possession OF
the books and does recollect whether he accom-
panied Harrington to his Office with the books or not.
Cross-examinaton by Mr. DIvidge The books OF wit
ness were in Harrngton for several weeks at the
Committee room. during the District Of Columbia
| investigation
James Colman sworn: l. an official in the jail In
Washington and recoilects when Benton was placed in
JAIL Harrington called a: the la aud desired private
| interview with Benton, which granted.
Mr. Riddle submitted n map OF the locality Of the
building showing all the points interest aul the dis
tances.
Richard Wallach ir, sworn Has Office in the same
building with the DistrctAtorncy and had the same
oihce last Apr about the time OF the burglary reco
ects seeing John o. Evans and Harrington drive up to
the o!ice In buggy and get with bundle OF books
or papers, and into Harrng gtons office; when they
came out again they dill the bundle with them;
previous to the burglary
Mr. Riddle said he had no additional proof to Offer IN
regard 10 the papers submitted last night ana tho
Court declined to allow them TO 20 into the he
supposed that was sufficient
ing the pardon signed by Gov Dix, and that being
properly authenticated he would allow that to go ill.,
OF that paper.
The Court observing that Assistant Attorney ,neral
Hill was absent asked Mr. Rjdc IL he desired to have
the case delayed antIl Mr. I'LL arrived.
MI Riddle m excused the absence Of NJ Hin, saving
"a led IN
this morning for short ne but this need not
delayed on that account Mr. Riddle said tnat he had
more witness to had not yet arrived,
although he had dispatched messenger TO New-York
for him. He had also expected more evidence IN rca-
ton TO the tcegrans He expected 10 have the witness
and the evidence here Tomorrow morning and lie con-
sidered them material to tho With that exception
he now through with his evidence, but wished TO
Introduce the evidence and the witness when they ar
Mr.. Davdge objected to any such course. The de-
ense dd not desire to open their sid until the prosecu
tfon had closed.
Mr.. Riddle desired adjournment of the till to-
morrow.
pOint but the statement OF Mr.. Riddle that he
to be adjourned TIL tomorrow unless the defense would
waive their privilege and allow the expected evidence
Mr. Dlvdee said that, rather than have the case de-
ayed, the defense would waive their rights aud permit
the testimony to be offered.
Mr.. Riddle stated that the name OF the witness was
BritOn and that bis testimony had reference TO tue
case against Whitley,
Mr.. Henkle for Whitley. said that Col. Whitley de-
clared he knew no such and declined 10 accede
to the arrangement unless he could have il necessary,
sufficient time to ascertain VINO and what this man
The Court said the interests OF all the parties would
be projected IN the matter AMI equal privileges would
Dc granted them II found necessary.
OPENING OF TIE CASE FOR THE DEFENSE.
The Hon. II. b. smthcrs of Delaware then proceeded
to address the jury in behalf the defense He said he
had far refraned from taking much part 10 this
but from lis long and intimate Acquaintance with
OF the defendants (IIarrington), aud with his
honored father, and from the benefits and advantages
derived from ons professional intercourse with that
father while he was honored Chancellor OF Delaware,
he feit impeed to here aud assist IN defending
and projecting this defendant. partly to DISCHARGE
ton to hls honorcd friend lie then ALLUDED TO the
character Of zrruth and Hayes the two prucoal W.T.
nesses the prosecution and declared that thcr evil
dence good for nothing. rs IL not corroborated
by any other independent evidence. IL was evidence
that had through turbd AID muddy streams, and
deserved no consideration at the han Is o the jury He
fortified his remarks by reading fron law books defining
the status md importance of the evidence OF
plices. Turning to the itself, he said that
outside OF the kilograms nothing had been intro
dnced TO show any connection OF OF the
persons with this at all he might b. ett out of
Il entirely In regard to one OF the others Wnitley)
there were ony facts that really connected hl
with the case. The first was that Whitey sent FOR
Hayes April TO come 10 the Bleecker-st. Office. rhe
second fact tie telegram sent from the Metropoan
Hotel To Whitley, asking, What shall do I" The third
n lac. ar s tha instancs "t Whitley: and the fourih
fact was the telegram sent by Netesaip to ADpleate
t was claimed, went 10 Whitley. 10 suDstIntiatc these
facts they have toe testimony OF Hayes only; rhis
link be broken the whole chain falls ground. Iu
regard the first fact the defense expect to prove that
on the 9Th of April Whitley was IN Boston. aud was
there Monday April G, when Hayes says ne met
Whitley in hts Office In Beeckor-St To the
second fact, they will prove that Albert CuDz,
a clerk in WGltley's office, receipted for that
telegram, aud that it could NOT be in the
purpose aled hat tnat Re went FOR the Par
fy In this aud II no would not come, then to pro-
affidavit from Hayes detailing tue true state Of
the facts in the case To the fourth fact they would
show that the telegram SECURITIES good Invest, had
relation to this ease, but related 10 eSunerelter M
by the name of Johuson VINO had jumped his bail, and
Tor whom Nettleshp aud Applegate were hunting that
they might obtain the reward OnreI Tor his apprehen-
As to Williams. only two facts connected hm with
the case. The first was his interview with Benton Ia
jli which amounted to nothing, only that Benton did
not have any mOuey and Williams did not 10 be-
come his counsel. The second fact, wherein Williams
the city. would be shown that Williams aiding Mr..
Belts OF Alabama gentleman who was running for
Mr Riddle Gnterrupting)-He appeared to be running
away from Congress-
Mr.. smhers said Williams was accompanying this
gentleman to the depot. He would now come to Mr..
Harrington.
At this point the Court took a recess
AFTERNOON SESSION.
On the reopening of the court Mr. Smithers resumed
by saying that when the court took recess be had
come down to period where the evidence connected
Harrington with the case and frst he would dispose Of
Hayess evidence In the matter, as to the interview
which Hayes said he had with Harrington at o'clock
the 10th OF April. but which, he first sworc, took
place the 2d and they expected to prove that at this
time Harrington lunchDg with Gov. Shepherd, Ey-
ans and Kbourn at Welckcrs. All good men, he said.
will be glad that able to demosh the testimony
which has held up the good name OF Harrington TO ma
lightly In social circles and III the columns OF men
dacous press.
Judge Humphreys interrupted There is no evidence
Of malignity before the Jury"
Mr.. snithers resumed with In regard to the testi-
mOny OF Hayes about Neteship meeting Dick at Vesey-
ST., they would show that Harrington was in Washing
on
Nettleshp getting the combination OF the safe lock from
Harrington, they would show by the books OF the Owen