National Republican. (Washington City (D.C.)) 1872-1888, 1874-11-19
CRIMINAL COURT SCENES.
HIS HONOR JUDGE HUMPHREYS ON
HIS DIGNITY.

WY AND HOW CLERK DAWSON AND COL.
WHITLEY RAD HAYES ARREsTED-ARE
THEY GUILTY OF CONFERENCE.-THE
JUDGE is UNDECIDED-A QUIET LOOK
THROUGH THE COURTHOUSE,
There never has been drama written or en-
acted but somewhere In its tedious details bit Of
fun flashes from amid the serious phases of the
play. And why should the trial OF the conspira-
tors in the famous safe burglary case be an ex-
Seption to the ruler 1t is true that during the
heightened progress of the case here and there
the nonOtOny OF the testimony has been relieved
by the PiekWickian speeches Of the presiding
judge, at which even the terrible clan Of con-
spiratOrs, their counsel, the able gentlemen who
represent the United States, and Mr.. Alexander,
the power behind the throne, could enjoy a COM
mon laugh. They have been sUpremely funny,
but yesterday capped the climax of the farce.
The proceedings were q satire on justice, an in
suit to the intelligence Of the judiciary, and as
TAR removed from the dignity which the judge
sought TO maintain as is the open Polar sea from
the sight of the adventurous nayigators. They
believe in the northwestern passage, SO does the
Judge seem to believe in his dignity, but that for
the time being is the end Of it, and 1t may safely
be said that Of the large audience which crowded
the courtroom yesterday to listen to the pro-
fundity Of this erudite disciple Of Blackstone,
iTthey had on the spot been called upon to plead
on the same subject fully three fourths Of them
would have unhesitatingly answered guilty Of
the most supreme contempt
THE SCENE OPENS
at2 O'Clock after the recess. The court is called
to order by the solemn looking baiif in the most
solemn manner. Within the rail every available
spot is occupied by members Of the bar. Deputies
are stationed at each rat hole to prevent the in
gress OF any adventurous mortal whose curiosity
would lesd him to enter this inner hall Of the
Temple Of Justice. Alone in his glory, almost
lost amid the cushions OF his luxurious chair sat
the DaTrOW-visagOd, silVeT-hatred judge, toying
peryousIy with his hands. In front Of him Sc
SateIy sat the clerk, Mr.. Middleton, the official
reporter and the representatives OF the local
press. They were fanked on the right by Mar
shall Sharp, and on the left by one Of the bailfs.
In front OF them, in a semi-circle, were ranged
the leading
ACTORS IN THE DRAMA.
Mr.. Harrington was, as usual, excited; Mr.. Da-
vidge sat cool and collected, quiet smile of
scious power curling his lips; Mr. Smithers' brow
was slightly clOuded, and he appeared to be
thinking deeply, while General Henkle was as
pOnderous and imperturbable as ever. Next to
him, apparently an idle spectator, was Mr.. Hill,
and at the end, with a look Of deep anxiety on his
face and a too perceptible languOr in his frame,
was Mr. Riddle
He seemed both mentally and physically eX-
hausted, and appeared to ENJOY the slightrelsxa-
tiOn afforded him by playing with his gOld-rimmed
glasses. Deputy Marshal Phillips was here,
there and everywhere. The weight of his RESPONSE
biIities seemed to be lighter than usual, and he
skipped around like three-year old colt. With
in the prisoners box sat many gentlemen who are
known and respected as shining lights in the legal
profession, and occupying the chairs were all
others Of the Game class who could possibly get
in. OF in the rear were the great unwashed, the
two leading figures being John Il. Crane and DR..
Stephenson the latter with an unlighted cigar in
his mouth. There were. Of course, smaller fgares
than they, and plenty Of them. but there is no
necessity for mentioning them. Detectives
SARGENT AND M'ELFREsE,
who arrested Hayes were in the room, but the |
anticipation Of sixty days in Jail or fine OF Sl,2O
selves look small hiding behind the ponderous |
proportions of some Of the well-fed lawyers.
This was the scene, and these were the lockers !
on but where, oh, where. were the central fig-
uTeE? Whitley's usual seat was vacant and DaW-
was non est.
the bar trembled in expectation that for this
seemly delay year or two would be added to
the terms Of the contemptuous ones. About two
minutes passed without any result, except the
arrival Of a lawyer or two, and then Judge
Fisher courtly and digniied walked in and took
his seat. MI. Phillips had to say something,
and he issued general order to the bailif on
duty not to admit anyone elseiby the rear door.
its assent to the order, and then took the grave
responsibility Of ordering one Of the windows to
be lowered.
About this time DR. Harrington cast his eyes
around and saw Mr.. Dawson at the door, vainly
expostulating with the bailif, who had denied
him entrance. In his old imperious way, "Dick''
called the attention Of Mr.. Phillips to the fact.
He evidently forgot that he was now "a conspira-
tor and not the prosecuting attorney; but Mr..
Phillips had not, and he replied to the ejacula-
ton in rather a peevish manner. Fir. Dawson |
was, however, admitted and behind him came
Marshal Eckloi and Ofieer Young. TON"
had come to do the hghting and the Marshal to |
pay the bills; for gentleman who ought to |
which be would have filled out If fine had been |
imposed; and it may be safely said that in that
event said check would have been found among
the vouchers IoT legitimate expenses Of the Police
Court for the next quarter.
TIE PLAY BEGINS.
Dawson and Whitley we're in court. They didn't
look much scared but their hearts must have beat
about one thousand pulsatiOns to the minute as
they heard the preparatory '.hem" from the Judi
eial throat, and looked upon the STERN deter
mined face Of the Jeffries before them. Mr..
Fisher, however, summoned all his courage ad-
JuEted his glasses, and, stepping near the wit
ness stand, addressed the court. In second he
was rebufed. Take your stand, sir, at the bar"
said the Judge. The crowd did not dare to laugh,
but they smiled audibly that all the bailifs at
once shouted, "Order in the court! ~ He took the
stand assigned, the returns were duly read the
JuCge spoke his little piece, the court was ad-
JOUTned and the first act of the farce ended.
There could be no play without critics, and the
entire audience was disposed to exercise that
ibauenable right yesterday. If the judge could
have heard them 9s the reporter did he would
not have felt complimented. 1t wasn't good day
for compliments Tor him, he did not mingle
with the thTOng, who had nothing but cutting
comments and abundant adJectiVes to express
their disgust
The following is a rsrbGtim report OF the pro-
ceedings:
BUSINESS.
The court re convened at = o'clock.
The Court. Mr.. BailiH, we will not have this
Jury for few moments; you will please take
them into another room until they are sent for
Mr.. Middleton, has the subpoena been returned
with regard to Whitley and Dawson?
Mr. Middleton. Yes, sir.
Mr.. Henkle. May It please Your Honor, Judge
Fisher has kindly agleed, during the recess, 10
prepare the return Of Col Whitley for me so that
the matter might be heard at this sitting Of the
court. presume he has completed the prepare
ton Of the paper. Have you finished it, Judge
Fisher? addressing Judge FISHERY
Judge Fisher. Yes, sir; Col. Whitley will be
here with it in 4 few minutes. Judge Fisher
occupying . position by the side of the clerks
desk.) have been requested, may it please
Your Honor
The Court. Just take your position over at the
Judge Fisher. Certainly, Your Honor; any
where that Your Honor chooses to designate.
May il please Your Honor, Judge Dawson, the
clerk Of the Police Court, has requested me to
present his return to Your Honor. 1t is as fol-
lows:
JUDGE DAwsoN's RETURN.
To the Honorable Supreme Court OF the Dis
tTict OF Columbia, holding Criminal Court for
said District: The undersigned, clerk Of the PO-
lice Court Of the District Of Columbia, in Obedi-
eDce to rule served upon him, November II,
lS7A, commanding him tC attend said Supreme
Court on this the lsth day Of November at
O'Clock, and 10 bring WITH him the record Of said
Police Court in the case against Michael HAYES,
and 20 testify whether the issue referred to in the
commitment Of said Hayes had reference to any
proceedings in the said Supreme Court, and 70
answer further in regard TO a proceeding in the
said Supreme Court, to show cause why an attach
ment should not issue against the undersigned for
contempt, respectfully makes answer that he is
here in obedience 70 said rule at the hour named
therein for his appearance, bearing with him a
duly certified copy Of said record OF said Police
Court in the case against Michael Hayes together
with the original affidavit Of complaint filed in
said case and the original warrant issued therein.
The docket containing the original record the
undersigned is unable TO bring with him, because
the same is in daily and hourly reQuisitOn in said
Police Court: and further answering, the under
signed says that the issue referred TO in the COM
mitment Of raid Hayes had reference to certain
proceedings in the said Supreme Court in the
ease TO Wit: The case Of the United States VI.
Hiram &. Whitley and others. And further an
sWering, the undersigned respectfully submits
as cause Why attachment should
not issue against him for contempt:
That he is the clerk Of the said Police Court,
Gully appointed and qualified, and has been act
ing as such clerk for three years last past. That
IL has been the custom Of said Police Court to eX-
eTcise the jurisdiction Of a committing magistrate
and 70 issue all processes necessary for the exer-
else OF that jurisdiction since its organization IN
der the bet Of Congress approved June L. A. ID.
1870. That the undersigned has always deemed
IL his duty as clerk Of said Police Court to issue