Evening star. [volume] (Washington, D.C.) 1854-1972, 1874-11-06
POSSESSION several weeks g

mltted, and MT Harrington visiting him IL
short time after be was committed and having
private interview.
MIR. Riddle here exhibited a map Of the prem
ises and the vicinity, and 'he judge having
was better, be explained the locations.
TESTIMONY OF MR.. WALLACE, JR.
Richard dUGcA, IT,, sgCTn:-WItness has an
Office in the building in which the District At
tOrney's Office is located; on the day preceding
the burglary saw Messrs. John y. Evans and
Harrington get out OF a conveyance and enter
the front room; they had bundle OF books in
their arms which looked like blotters and were
thin; II was in the afternoon, and the late
Walter LenoX was with witness; they remained
iD the or but short time; cOn't think that
they brought the bundles out.
Mr.. Riddle said he proposed to call one or two
of the grand Jurors 70 testify as to a statement
OF A. Il. Williams before that body, but would
rot press ii If the Court court considered it i'm
The Court said that he would no. allow the
grand Jurors to be sworn unless il was ALSO
lUteiy necessary.
MIR. Riddle said he would not press IL.
The Court said that he could not admit the
pardon papers until fully proven.
Mr.. Riddle explained that he had been obi ged
TO send Mr.. ShIveler to New York tor certain
telegrams, and also that witness had been
summoned in New York. but had not appeared.
Three Gays ago be had sent Sir. Downs 80 New
York for this witness, bat had heard nothing
from him. With the exception of these tele-
grams and this witness he had closed.
Mr.. Davidge said that he saw no objection 70
the kilograms being produced, but DID object
to keeping the case open for this witness.
DIR. Riddle explained that the witness was
one VIM. A. BrittOn, by whom he expected to
prove the connection of Whitley.
MI. Henkle.-"Then of course We object"
MI. Riddle said that he did not like tp delay
the cOurt, because he did not know with any
degree OF certainty that Britt0n will be here to
morrow.
The court, after Mr.. Riddle had stated that
the evidence of Bfitton was important, and he
had reasonable expectations OF having him
here, said the trial would be postponed until
TO morrow morning If the defendants did not
agree 70 the admission of this evidence.
MI. Davidge said rather than there should be
any delay the defence would agree that this
should arrive.
Mr.. Henkle, for Colonel Whitley, said that
his client did not know such a man as Brltton
and If he WAS placed on the stand they desired
al opportunity to find out who be was.
would be given.
Mr. s'uIHKRs OPENS THE CASE FOR THE DE-
PENDANTS.
Mr.. Smithers, for the defendants, openei the
case 10 the jury. One of these defendants at
whom the shafts Of the prosecution were prin-
cipally leyeled was born in his town. and when
he d. r'ington) ar ised at maturity theic rela-
tons became those of preceptor and pupil.
HIRE they knew how he had conducted himself
until suddenly he finds his friend arraigned be-
fore tie bar at which he has conducted the
prosecution of offenders. Naturally the accused
turned to his early friends, and hence he 1.-THE
speaker finds himself here as his defender, ana
he thought himself TO tuuate In having an op-
por,uBity to repay tne kindn5sses of Mr.. HIS
father TO him. Mr.. Smithers explained the
character OF the offence charged, aud said the
prosecution were required to prove these
charge; and Low lad they proved IL? The
provinces of the jury were not only to hear the
evidence and slit it, but to determine the creil-
biiity Of the witnesses. There are witnesses
Who, admitting their guilt, are by the graciOu
ness OF the government (and sometimes II was
n cessaIy) plastered over with aOl}s pros. ami
emitted TO testify. II the testimony of the
aCCOmVlices are stricken out OF this case there
would be nothing for the defence 70 ans Rer.
he called attention TO Hayes and Zirruth, the
two prominent witnesses, having com.
plieity in the affair; and TO their evil
deDce other rules must be applied than
20 those OF ordinary witnesses. It must BE-
shown that there was aCOmbinatiOn-Hayes and
ZiIIuth-but who were the Others? The trst
rule IL, that the evidence OF an sccomplice is
not to lie received uncOrr0borated 1t this rule
was not in existence who will be lfe? Another
rule is, that 10 number of accOmp!ces can add
any testimony to the other. Hayes and Zirruth
were like man and wite-the first the stronger
and the latter the weaker; they came on the
stand and cOrrOborated each other. The more
OF that testimony put in the jury box the more
Ia It'd Il viii become. Whatdoes all that II ayes
swoTe 10 prove against the parties charged? He
is not cOrrOborated in any material circum-
stance affecting the parties accused; and he
cited sth CsrriugtOn and PAYNE, lO6, and 3ith
Eng. c. l., 635. He claimed that all corrobora-
tion should be to the identity of the parties
charged.
Mr.. $. said that there were four facts indie
pendent OF the kilograms the prosecution rely
upon IN the case OF Whitley; the first, is the in-
teryiew OF Hayes with Whitley on the morning
OF Monday, April 9Th, as II. swears; the second,
the telegram mo one here; what shall dO?rOu
tn morning of the eth; the third, the interview
b-tween Ii. and Applegate III Toronto, aad the
fourth, the dispatch from Nettleship in Canada
10 Applegate, SECURITIES good" &c; ne called
at en- ion to the interview of Hayes and Whitley
aud said tDat II what had been sworn to by
Hayes az 10 being sent for, &c, was not true
then the WhOle tails: he was obliged . his friend
Tor fixing this hyeEa by the telegram; they pro-
posed 10 show that on Sunday, 9TH April. Whit
ley was in Massachusetts and had dinner party
AZ Cambridge, and he remained there until
Monday morning, leaving Boston at 10 O'Clock,
anu did pot res Oh New York until late in the
evening, and did rot go to his Office at night:
they would prove this by witnesses unimpeach-
able; if they do so then the fabric Of Mike Hayes
fsisehOOd and infamy will come falling about his
ears on thesecond point the telegram OF the 18th,
they would show that the receipt was not in
Whitley's handwriting, but in Albert GUMS
The third point, the interview between New
cOmbe and Hayes, was not for the purpose of
making an affidavit, but for the purpose OF in
ducing Hayes to return and appear before the
committee. The telegram from Nj. johnson,
SECURITIES good, invest, will be fully explained
and shown TO be a mere paper wad. They
would show that NJ. johnson was a counter
felter, indicted in Boston, and was on bail, ana
Whitley and Apologize were searching for him
in order to obtain the reward OF the securities
These four facts are relied on, and II heir reie-
vancy Is passed upon there will not be shadow
against him.
MIR. Smithers then referred to his young
friend, A. Il. Williams. He had, for same DAYS,
been impatient to hear the name OF Williams.
Is there scintIla of testimony against him?
On two occasions Benton sent for Mr.. Williams
10 act as counsel, and he (W.) declined, not be-
cause he was cOnspirator, but because he OBJ
had 10 money. lie then referred TO the evidence
OF yesterday a. 10 the man who went into the
depot. He would show who that party was, and
that gentleman would be found to be Mr.
Belts, of Alabama, candidate for Congress.
at tbs point -ecess was taken for thirty
minutes.
After Recess.
On reasse milling, Mr.. SmiLhers continued his
opening for the defendants. He claimed that
nothing had been shown against Williams, ana
speaking OF Mr.. Harrington, said that he de-
sired first TO call the attention of the jury to
Hayes testimony, in which he says his first in
teTview with Mr.. Harrington was on the 22d,
but subsequently stated that it was on the 10th.
he thought there was reason for the change
and the witnesses declaration that sit was bad
thing for Harrington to arrest him." was a cue
TO it 1t then became necessary to lug in Har-
ringtoD, and hrving no conscience he
did so. He was the persOnifcation of In
telieCt without cOnscieDCe-sharp, shrewd,
and calculating, but without any conscience.
In his selection OF day he was unfortuns ate for
be had taken q day and hour when H., with
Governor Shepherd, John o. Evans, and Hal
let kilbourn, were lunching at Welcker's.
Every honest, sw-abiding citizen ought to be