National Republican. (Washington City (D.C.)) 1872-1888, 1874-10-28
DISTRICT SAFE BURGLARY.
TIE TESTIMONY ELIcITED IN THE
CASE YESTERDAY.

TESTIMONY OF MAD6E AND ZERRUTH-
ZERRUTH,s RELATIONS WITH MR.. HAR
RISGToN AND OTHERS.
The trial Of the alleged conspiracy in the cas-
Of MessrA Whitley and others at the City Hal
was resumed at IL o'clock yesterday, consider
able number being In attendance at first, bu
growing as the day advanced to . large crowd
As soon as the court opened Mr.. Hi gave tn
court some authorities On the subject Of allowing
the jury view Of the place Of the burglary AMI
its surroundings.
A WARNING FROM THE COURT.
The court, having first sent the Jurors out o
the room, spoke as follows:
The Court. We set out in this case to have .
trial according 70 The rules Of Law. made thu
ruling yesterday, and the suggestion which i dIC
In regard 70 the jury, for the reason that during
the trial Of this cause publications have beer
the trial, and II these precautions had not beer
taken Of requiring the jury % keep their minds
Of the evidence in the cause II might have led to
confusion in the trial Of the case There fs dfrecl
hSdRnE n Sns e tAs Z SsS heed
things are said, and extracts made from otheT
papers. The last is Sunday paper. II Is strange
aggregate Of insinuationsi charges that appeared
TO reserved for that day to be put forth TO con
fuse and poison, an attempt which appears Ikc
| say now am saying In kindness, afeer delibe-
ration as conviction Of my, duty, charged
/ &C
this case, and nobody else under the or
ganiEation Of this Government at this present
VINE @nS y me 81 mS6s o. can step in
two or three times during the course Of this trial
that all parties are entitled to be tried BY the
impartial trial party is found guilty he must
| suffer the consequences Of that finding. If he
pirate term that I heard another use. he Goes
Saequit;" and that is the Language of the law
tits serious matter to attempt to interfere
1 with q regular trial, conducted not according,
gentlemen, to outside Influences, but according 70
| eerned upon the conduct Of the Judge who now
| presides, i may be made; It win not be inter-
Tered with by me, but 80 far as the jury is con-
cerned, 1t is my sworn duty to that they shall
not be interiered with, nor shall the proceedings
| in this case by publication. We can control, 50
far as the former concerned to the precincts of
/ the courts, by this summary process and ii
| il not so certain that the summary process may
not be used in regard TO the Interference BY pub
neatiOn. Suppose that whilst this Jury was being
| formed and alter It was formed, that some man
had stepped in the courtroom door and an
SSI;SS 81 M coI Hacke S Iury Sishn the
pose they could not have been instant
y dealt with sunmarily, as long as the con-
ence is there in that declaration being made, and
it being published where II is expected that the
say It in all kindness, and sayit with view Of
bringing to the attention OF persons what think
they have omitted to notice in the provisions OF
States court, under the provisions Of the acts Of
Congress- parties who do this may be punished.
dcton Of United States court but also the furis-
dictton which attaches from the State OF Mary
land, then clearly the punishment could be more
summary. Now combine the two, then, as f.
probable; why, then, IL you take 1t as under the
act Of Congress, the two acts, one which limits I
ne ths power Of court, passed years agoas appliee
occurred either in the presence Of the court or SO
near thereto as TO interfere with the progress OF
trial, that has been supplied by very recent act
Of Congress. I do Tot mean the act which has
been denominated by the public Is the 'Kag IaW;''
put mean another. In 1872 Congress passed an
aet-August, lS72-and Judge Field called the
attention Of the grand jury Of California, in his
charge to the grand jury, In this language;
AT It's last session Congress passed a stringent
act TO prevent the continuance Of pernieious
practice, as well as to prevent any attempt to in
huenee the administration ofjustice eorruptly or
act TO prevent and punish the obstruction OF the
administration Of justice in the courts of the
persons shall eorruptly, or by threats force or
by Threatening letters or any threatening com
munieation, endeayor 70 influence, intimldate or i
court of the United States In the discharge Of he
or their duties, or shall corruptly, or by Threats
OF force or By threatening letters, or any |
threatening communications, Influence, obstruct |
or impede, or endeaFor 70 influence, obstruct or |
impede, the due administration Of justice therein
such person or persons SO offending shall be liza
bic to prosecution therefor by Indictment and |
shall, on conviction thereof, be punished by fine
not exceeding $1,000, or by Imprisonment not ex-
eeeding one year, or by both according to the |
~ any person or persons shall attempt to influence
the cotton or decision Of any grand or petit
sIcb upon upon any ssee q matter pending before
mefn0er, or pertaining to his their duties, By
writing or sending 20 him any letter or letters |
relation to such issue Of matter without tbs oEdep
previously obtained Of the court before which the
said juror is summoned, the person 50 offending /
shah be deemed guilty Of misdemeanor, and |
shall be liable to prosecution therefor BY indict-
ment or Information; and shall on conviction /
thereof be punished BY hne not exceeding IL 900,
or BY both, such fne and imprisonment according |
to the aggrsvation Of the offence"
Now, II you take Il that this act does not apply |
to this court then this court would have the urIs
diction that the courts OF the States would have,
and we all know that almost every State exer-
Jurisdiction that was exercised By the Supreme |
Court Of the State Of Illinois. There could be no
stronger meaning used TO influence q Jury than
have been published in relation TO the organl-
ration OF this jury. This jury was sworn; was |
tried was accepted according to the strict rules
committed perjury In saying that they had not /
formed such an opinion as would influence them |
another proceeding After this trial Is over; after
it has been gone through with; then there may be
room for the proper exercise Of that liberty which
belongs TO the press, which can never be con-
strued, however, 10 be liberty that Is inconsist-
ent with the liberty Of the other departments Of
the country. apprehend that anybody who |
might be indicted under any Of these acts would |
prefer TO be tried by the rules Of law, and to be
entitled to his challenges, and to be entitled to
shall be os long as am presiding, than to be |
tried by the mob. prefer these majestic col |
and that are thrown as protection around the |
citizen, and that he is TO be tried according 10
those old forms without any influences without
Attic close of the remarks of the Court the |
jury was directed TO be brought in When they |
had resumed their seats the trial was proceeded |
with.
OSCAR D. MADeKs TESTIMONY.
Oscar D. Madge was In April last in the Treas
ury Department, occupying the position Of super:
vising special agent. Witness was acquainted |
came to his house on Monday, April % and wit |
ness saw him again on Thursday and Saturday.
Saturday, he sought an interview with Governor |
Shepherd, which took place at the Arlington on |
Sunday; Governor shepherd, Mr.. Harrington, 1
Dcss being present. Witness told them that Car |
ter had been to his house and stated that bur- |
glary was to take place, which Carter supposed |
was 70 be at the Treasury. Witness said the safe
in the District attorneys once was broken in
THE MANNER THE BURGLARY WAS TO BE DOM, |
He stated that Garter told him that one Colum-
bus Alexander was connected with II; be was TO |
pay 81 900 for certain books. Mr.. Harrington said
and he had received from him (Benton) state |
ment which sgreed with the statement Of wit |
ness. Mr.. Harrington said that there was link |
lacking, which would have to be found before he |
could go further; that Benton was known to
HAVE SEEM ALEXANDER WITH ANOTHER PARTY.
Witness said he had some very good men who !
could assist in working the case up. Governor /
shepherd said he did not think It advisable 70 |
call any one else In; that Mr.. Harrington was |
equal to the task. Witness saw Carter on Hon
day or Tuesday at his (WitnessO once; saw him |
again on Thursday; thinks he saw Harrington on |
Thursday. Witness said 10 Harrington that Ar |
ter had stated that he was going 70 communicate |
the information he had 20 Alexander. Garter |
subsequently wrote 70 witness that he had made |
a mistake; that he should have stated that Alex
der was to have been connected with the affair. !
Mr.. Harrington came to see him in about half an |
hour, and asked II he (Witness) could not employ |
or control Mr.. Carter, and said he (Harrlngton) |
would furnish the money.
Witness declined 70 do 1t. Harrington asked |
where he could md or meet Carter. Witness told |
him that he could not tell him. Harrington's |
manner was as usual, taking into consideration |
that he had come up three pair Of stairs, and the
day being warm. This interview lasted about two !
minutes. Harrington wanted him 70 employ Car
ter for them. Olarvoe also came on the same !
errand. Witness saw Mr.. Harrington after he |
(Hitness) gave his testimony before the commit |
tee, and also when he was going 20 Philadelphia;
thinks it WaS IN May. det Mr.. Harrington stthe |
depot, Gnd ne fldr. HArringt0nl said heWas going
TO Wilmington parted with him there, and saw |
him on the same evening at the Continental, In |