National Republican. (Washington City (D.C.)) 1872-1888, 1874-12-09
DISTRICT SAFE BURGLARY.
THE PUBLIC PROSECUTOR DE-
CLARES HIMSELF FUNCTUS,

the GOVERNMENT GIVES UP THE CASE
UPON THE PRESENT INDICTMENTs-HAR-
RINGTON's WAIVER NOT DETERMINED
TO BE GOOp-PUSTPONEMENT UNTIL To-
DAY.
A considerable crowd gathered at the court
room yesterday morning, it being unders God
that some action would be taken in the Harring-
ten case,
We are indebted for the following verbatim
report Of the proceedings to James .. Clephane,
the ofhcial photographer:
At the opening Of the court Judge Macarthur
said: II there is any motion to be submitted to
the court will now hear it.
Mr.. Davidge. ! do not see Nr. Riddle in court.
Mr.. Francis Miller (laW associate Of Mr. r. is
here, and he may represent Mr.. RIDDLE.
Mr.. Miller. l only represent Mr.. Riddle so far
as to be present for the purpose OF saying that
Mr.. +. is now engaged at the attorney General's
Sihce, and cannot well appear mere at TINS lime.
Mr.. Davidge. Will your Honor appoint an hour
during the day when you will hear motion in
the case Of the United States VS. Harrington ct
al? ! wish to-day to withdraw the pleas in
abatement hled in behalf Of Mr.. H, and to move
the court fer an early day for trial-the earliest
day that can be tXed compatible with the con-
YenienCe Of court and counsel.
The Court. Mr.. Miller when can Mr.. Riddle
attend TO this matter?
Mr.. Miller. ircally could not say. He went
about fifteen miBues ago TO the Attorney Gen
erals Cfhce. He did not state when he would he
through l presume he will not be detained there
be a be TO be here by one o'clock. That hour was
fixed upon by the court Tor the hearing Of the mo-
lion. At one O'Clock Aessrs. Harrington, Will
Hams and CUM accompanied by Messrs. Da-
TiGge and Henckle, arrived in the courtroom, and
in a short time Nr. Riddle made his appearance.
de taking his seat,
Justice Macarthur said: l appointed this hour,
Mr.. Riddle. Ter the hearing OF an application that
has been made in behalf Of Mr.. Harrington
MR. RIDDLE IS FUNCTUs.
nj Riddle. If the court please, / Eyas not aware
Il
cation had been sent TO my Cthce that ! was eN-
pCcted TO Re here at TO O'Clock this morning. l
heard CIit by the way, and supposed that some
section would perhaps require my lEeseLlee LleLe,
but was called away Just before that time 10 a
hTici consultation with the Attorney GehcE%l,
which prevented my meeting H. as OLAerNlse
should have done. l am instructed by the AttOr-
ney General TO say TO the court that IN view OF
the fact that the supreme Court OF the DlstFicJ
Of CUium bia has decided that the late grand Jury
was an illegal body as a grand jury, that ne re-
sCardcd the indictments as utilities or the indic-
men. as a nUliity and he did no. propose to cause
iUTtLer action TO he taken upon these ndlct-
mCnts: that so Tar as the cases are to be regarded
as dependent upon those indictments, and resting
HpUn them, ne case Is AZ an emo may STATE;
further. to the court that with this statement
have Just now made my duties in connection with
this case end. hold in my hand c0mmunica-
tiOn from the Attorney General, the latter pOr-
tiUn Of which ! will read to the court:
You are to regard your appointment OF the
9Th Ct July (Which was the date OF the appoint
neEt by which l entered upon this CaSe) as As
f5s,aLt Attorney General as hereby revoked.
.'GruRGE II. WILLIAMS,
Attorney General. u. 5
do rot feel warranted in making any other
cUunu2irallyu 10 the court in the premises.
Hr. DayIage. What action Jo you propose 10
take
Mr. Riddle None. have nothing in the
world to DO, except 10 70 quietly ont OF court.
This PAPER ends my prominent. am tu7c;2s.
There is no possible action that can take.
WHAT Mr.. DAvIDGE THINKS.
MT. DavidEe. Then the condition oil the case.
your Honor, : simply this: here is an indictment
agains: , number Of defendants, charg ng them
~ the crime Of conspiracy. a large number
Uf The deFtEtants have put in pleas OF abatement.
These plcAs were OEerTued by his Honor. Judge
Humphreys. and the ease went on and was trieci
with The result that your Honor is aware Of. 1t
is is ICrlec.ly coUpeICEt Tor Mr., Harrington to
Withdraw his pleas in abatement. He was not
bound 10 plead them in the beginning. Indeed l
mt them IL because l thought under all the cir
CuHs;anccS-and into those circumstance l pre-
fer rot nUW TO ertCr-l thought in view OF the
whole situation. / may say in view especially OF
his Homer, Judge humphreys, who was to try the
ease tLat it was proper for me to hle these pleas
IN an abatement, that, otherwise, l would not
7cyo fIf1. did it without the instructions oil
ar. Harrington, Az ma! say eli. -T,s
araipst his protest. We had hOpeC - - " I
ease at the present term, and think II NSk -.
wish Of the learned gentleman rcpreSEL.L--
Government TO Try 1t 1t th.s time NOW l re-
xard these pleas in abatement rs Simply the
property Of the defendant who has pleaded them.
/ think he has a right to withdraw them. When
they are Withdrawn II Is useless 10 TAX oil me ne
cessiIy u any Indictment Tor your honor IS tAeh
perfectly well aware oil the tact that there IS
lending in this court valid Indictment, and
there can be no direction to prOceedin. under
tEat indictment. ! presume, therefore, that your
Honor will allow me at least to withdraw the
pleas in abatement, that perhaps DO not now ln-
cumber The record; lCr il ght well be that your
Homer would not feel JUSTIFIED in going Dehlnt
the action Of Judge Humphreys. How that may
be it is not for me to decide In any event, now
ever. jLG pleas are the property OF the Defendant,
and he has 4 right to stand upon the Indictment
as il was Med in his court.
MI Riddle 1.-THE court will permit me, per
hans should have added that ! hoped 10 have re-
rciyCd n writing from the Attorney General
(laViCE been promised il in time Tor TINS nearing
the substance of what have stated ora lily. was
lingering TO the latest moment in ORDER TO be aOlr,
II possible, TO lay It before your Honor, Tor II
would he a communication intended directly Tor
ihTruEh N lgIf Vhiha- Of course it would no.
change IT vary any thing, as l understand H. Of
what ] wa, instructed to say, yet l would ike
before YOUR Honor dispOscS oil the matter in any
share. that this paper might he laid before You.
Idonot feel myself authorized to say one word
about The case.
MT. Davidge. II may add one word, after your
Honor has GRANTED leave. as ] presume you must
grant leave 10 this defendant TO WIthlTaW ms pea
IN abatement, the issue is then regularly MADE
up, and ! should then sUPeradd to my m2tloa 2
further motion TO appoint an early day lot tne
trial Of The case. Mr.. Harrington suggests that
a Iay might he Fixed and II in the meantime The
yCyCTnmCnt thought ut to abandon the H'se 4
note PROS. might be entered; OTHERWISE TIA. thi
EstNt NlNAlA lLAASlN " NA1--i'
;AsE ABANDONED BY GOVERNMENT.
Nr Riddle Understand the Government ha
gIaLdCuCd the case.
MI. DayiIEe On YES, amer n fashion, bu.
do not care anou. my client being treated IN ina
manner by this Cr any other Gov cTnlnent.
Inc C.urI. When DO you expect corrective TIL
communication, EIT. Riddle:
Mr.. Rid:llc. l expected 10 nave rceeiyeI u se
lore this. ! made rcqCes., through Nj. Miller
which ] SUPPOSED would reach your Honor, tina
tEie Ilatrpt might De laid over Lntn tO-mO-TOy
j. "a Il
his duties, the Attorney General may not nav
IOuEd tine to prepare the letter thai ne purpose
The Court. thiEh. under the circumstance.
y,u had batter wat UL;il VIC receive the commit
Eication. Z can then - On ME, and he the baS
81 whatever action il may he thought proper l
have follow l.. IL this connection would max
al inquiry in regard 20 he record a. Il now sanl
have no ,!Uuu- bu; that Il is competent lOT IL
IeEGaIL 10 waive 4 plea OF iH-s description ana Z
10 trial On tie merits OF the Indictment. II q
there been but enc plea in Abatement
MT. Ritdle. All the defendants plead in abai'
TT. HenckIc. There was verdict of not guilt
= rs 10 Mr.. Williams There were three deienC
ants placed upon ui1l-llaTTinston- Whitley aG
Williams. Inc Jury, as ] say, rendered verde
Of not guilty az 20 Nj. Williams. That dispose
Mr.. Riddle. That may be a question
I.ou TIE CASE ENDS.
NT.HeIckIc. And disagreed as to the other ~,
] arose TO make an inquiry G youC Honor and {
Mr.. Riddle. l understand Linn 10 say that thl
case Is AZ an end. Are we q understand that
TlOLC prCecgUiIs % be entered? What l want {
know IS how the case has come 10 an end.
GT. Riddle. 1 suppose rat when the court "a
IeTmines that the body which IOunt the indie
IGenJ was an illegal body, that that substantial
ends the indictment.
Ar. DavIGge. That does not necessarily 10
low. a defendant by waiying It's plea in dbat'
Hent-
Mr. Riddle. confess. il the Court please, Will
/ am not here, except by sUterlncCs, that it
anew idea TO me that q paper enauating iTOI
a body called the grand Jury can by agreemeI
be made to he one. II is pTopOsltlOn--
Mr.. DaYidge. II is valid Indictment, uGles
excepted TO by plea in abatement.
Mr.. Riddle. But there stands upon the TecOr
a solemn decision, by this same court, OF whic
this is the branch, that there was no grand Iur,
and it would take great deal 10 induce me
sit down and attempt to 20 through the trial Of
case upon an Indictment found 10y a body, il
claTcd by the court to be an illegal body, WheJhC
1heTe be plea IN aDatcmct TO il Ur not.
The Court. Il the decision, however, was econ
panied by the qualification that If the merits
the Indictment were plead 70. tRaL il was waive
CI tie ITTeE ulGTity in the selection and sUmnO
ing Of the Jury-and the decisions appear TO Oe
that effect, as ] found on examining the matte
and ! gave the subject, when il was before q
Court in General Term, a Very careful inyestig
tor
Hr. DaVidgC. Il must lie pleaded i'm aba.emen
The Court. The authorities are 10 the eHe
that whenever plea IN abatement, or plea
tie iTreg ulaTitIeS Of Cmpanneliug the Jury, d
concerned, that they are really waived by pl
10 the iEdi .;men: sell, Of guilty or not guilty.
Mr. Dayidge. There are scores Of men in Il