The New York herald., 1874-11-26
The WASHINGTON CONSPIRACY.
Close Of the Government Address
to the Jury.
JUDGE HUMPHREYS cHARsE
The Jury at Last Retire for
DeliberatiOn.
A Cool Suggestion as 10 Their Thanksgiy.
ing Festivities.

ing Festivities.
WASHINGTON, Nov. rs, 1874.
In the Criminal Court to-day Mr.. Riddle resumed
his argument TO the jury. He read several
dispatches, one OF which was rom Solicitor
Wilson, May IS, asking Whitley to LOOK up Mike
Hayes. whitley asks the Solicitor for warrant
for his arrest and by this means obtains delay
OF day or two. Meanwhile Nettleship goes to
see Hayes at Toronto and obtain an afndavit, say
ing that George Carter did 1t all, and the Secret
Service had nothing to do with 1t. The despatch
which Hayes refused to send to Boston was sent
afterward by Nettleshp from another town further
distant on the railroad. 1t reached Boston on
the 24,h or 25th OF May, and whitley writes
letter to NewcomD, saying he had just
heard that Hayes was in Canada and asking New
comb to 60 and see him and get an anidavit from
him like the one which Nettleshlp went AFTER
How did Whitley find out that Hayes was IN
Canada but by that telegram2 But he knew 1t
long before, and the telegram was Key to let him
know about the afndavt OF Hayes The testimony
OF Newcomb was reviewed and his contradictions
shown in order to prove that his statements re-
garding his visit to Canada were not TO be be-
neved. On the 2sth OF May Whitley sends tele-
gram to Senator Allison, the chairman Of the
investigating Commtttee:-"Have Just iound
Hayes win come on to see you to-morrow.o This
was sent five days alter Whitley had sent New
comb to see Hayes in Canada. Why did he not in
form Allison Immediately that he had found
Hayes and had sent trusty agent after himf
FAITHFUL DETECTIVES.
All this time the Solicitor had q standi ng order
to all the detectives to arrest Hayes wherever
they could find him. One OF them connected with
the Bleecker street once Bauerl saw Hayes on
May IL, and took a note rom him to Cunz and yet
did not arrest him. but helped him out OF the way.
Hayes afrerward appeared unexpectedly at Net
tleship's house, and, when Nettesbip should have
been mourning in his deep atfiictiOn, he went
shining iOrGn among his fIends 10 borrow $50 to
send Hayes away. He and Hayes went into the
did not leave the country. He came on TO Wash.
ington, and communicated with the committee.
NJ an IN a me Tas a wa he Ever %
cuted Not bit Ol 1t.
WHERE WAS BENTON
all this time? He was In Jail; but was ne ever
prosecuted Not bit OF 1t. The Grand Jury had
been in session Tor weeks, and not witness had
been sent before them. say that the District
Attorney did not dare prosecute either one Of these
men.
lease by Harrington at time when he had no
business to touch the case at al. II was done
late on Saturday night, and the District Attorney
the ofncers OF the Court after tney had gone to
their homes from the labors Of the week. Not
word OF II was iet OUT 70 tae wora OF 20 la Tr
order his Immediate arrest. Tney released Ben
ton because they had agreed to do and they IN
tended TO do 1t long before they did. II was ar
ranged that one OF the burglars was to escape by
the back way OF the office; but when Richards
out of the city privately, and 1t now became neces-
sary to get Benton released.
Mr.. Riddle then briefly took up all the links in
the cham OF evidence, and set them forth In q few
words He closed his argument with direct ap-
n a
then turned to the Court and said :-"May 1t
please your Honor, the government now solemnly
a lust verdictSsi 3. rendered."
recess was ordered. and after it had elapsed.
ing tnat he believed he had incorporated in his
charge al the prayers OF the counsel for % the de,
wished MIN to rule upon that one he would do SO,
and Mr.. DavidRe might read It.
Mr.. Davidge said he thought 1t would be better to
hear what the Court said upon that point and be
might then be satisfied with 1t without any lurther
modification.
Judge Humphreys then said that he would ad-
init the first five prayers, and in regard to the
sixth he would admit 1t with some modification.
The following Is the sixth prayer, as offered by
Mr.. Davldge:-
That in estimating ting the credit due 70 any witness Il
not to be credited as to any other matter conee rnng
denee as to s general reputation Tor Seracisy can es
, tabish him as person worthy to be believed.
whether e Witness na tod
and when other witnesses were put on the stand
to lmpeach him they were also TO take into con-
sheraton the story OF the persons who sought to
impeach the witness, whether their story was o
probable one, and whether the CIRCUMSTANCES un-
warrant the jury in believing they had testified
truthIuIly themselves, and then determine whicn
Judge Wyle sat on the bench by the side of
Judge Humphreys The court room was more
closely crowded than At any other time Of the
not been in the court room before during the trial.
being present.
GENTLEMEN or THE JuRy-We have come in the pro-
e @ s @ 70 hs poas i aa
70 soSr mr. proper m s action that Won give attention When
u.
1n ns atSsfeT @ q s to 5 5
% prncess Sa are @ G Win the facts o.
he swhss belong Ins as ssvs
viii protect ss by annsans Such o ths
violation 1,ne rules Tor It's protection ss human in
. saiisy hs
sSp%'fy IL
Ri 1sese a ana for ss s e
SeS sHSh @ Rsa jury U Twelve hnGw
Gsf sphere 5 i%sy
SH Of ya q regularity and and
SnS eonnfsnS .ad al hs ae; slvsa
beyond reasonable doub, that the defendants or any
two OF them, or either OF them trial and some ono
else whether on trial or not If charged the indct.
mcnt 10 be guilty, has been guilty Of q violation
OF law as thai law shall be explained to
you ~ hs charger Alter saving the punishment Of the
crime did not belong TO tie he the substance
Of the Indictment and told the Jury that whether these
defendants or any TWO Of them did these things the
issue they were uy and they must appeal alone TO
the facts they had before them good citizen. Alex
BY other good citizens-namsiy. Harrington, wiams
.t5hem that as Of asscertaining from the EVIDENCE
that the charge true. and be remarked -
''Jhe law rays that 1t requires two
persons TO be found In combination constitute con-
spiraey SO iar as the present case zoe, the charge
that you are TO inl " the facts prove bevond re asor
able doubt that the persons charged have banded them
selves together for the purpose OF doing that which the