National Republican. (Washington City (D.C.)) 1872-1888, 1874-11-26
DISTRICT SAFE BURGLARY.
TIE MATTER GIVEN IN CHARGE OF
THEJURT.

AND ABOUT THE COUET-HOUSE-EPECU
LLTIOES on THE JURY's ACTION-NU
AGREEMENT At THREE O'CLOCK THIS
MORNING.
The safe burglary trial was resumed and con
sIuded yesterday.
Mr.. Riddle opened by making a correction OF
an error into which he said the defence fell yes
tOrdsy. The defence had said that the Solicitors
othce had sent Dant away. Now, Dant was not
sent away, for he was in the employ, or under the
control, Of the solicitors Office. He then took up
= number Of kilograms, with view to show that
they confirmed the statements Of Hayes. On the
18th OF May Whitley was telegraPhed by Solic-
itOr BEnfsld to find Mike Hayes. Now, Whitley
knew well enough that Mike Hayes was in Can
ada, but he telegraphed back, II will do my best
70 md him. and also for subpoena. This vas
& mere trick TO gain time. And on the same day
his subordinate (Nettleship) telegraphed to
The committee should get Hayes until he sent
Fst:IeshiP TO md out whether Hayes would
make an AFFIDAVIT cXempting the secret ser
vice and charging the whole conspiracy
upOn George Carter. Nettleship went, but
was deceived and sent back the telegram,
and get Hayes TO tell the truth, and If he would
net come 70 Washington then to get his affidavit
But Nettleship's telegram was wrong; securities
we're not good. The plan failed, and they did not
send Hayes TO Washington. Now to account for
Whitley's knowledge that Hayes was in Canada
Apologize the stupidest man by two full idiots
that had ever been upon the stand, was brought
forward. 4 znave could be depended upop: but
fool breaks down on your hands in the very
worst pla1c. He commiseratcd the defence with
this supreme, superlative fool on their hands
He ~ saw Whitley tish out Of 4 waste basket
in JGly he fragments Of q drop letter by which
he would have the jury believe in the April be
fore Whitley was informed OF the whereabouts
efHGyes. He was willing to swear TO anything
that was desired. but he was a month and hElf
too late in his date. lie asked how did Whitley
Ind out tina: hayes was in Canada il the tele-
KTam did not give him the information? This
Telegram was tho key which had been agreed on
10 give tho information that Hayes had agreed to
make the affidavit. NcwcOmbe did not swear be-
fore the committee that he had shown Hayes the
whole Of this confidential letter, but part Of it.
Mr.. DaTtdge. Is that in; did you prove it?
Nj. Riddle. Yes, it is in.
Hr. DaTidge asserted that It lad not been
'hOWp.
M, Riddle asserted that he had put in so much
Of the testimony Of NeWcOmbe as TO show this.
Mr. Dayidge: VIII your honor settle II?
Mr.. Riddle. Il is already settled.
The Court. Well, 20 on with the argument.
Mr.. Riddle resumed, and, referring TO the tele-
gram IN which Hayes saia he has made a full
AFFIDAVIT to Lawyer =, said that Whitley knew
who Lawyer : was. Whitley did not telegraph
70 the chairman Of tho committee until I'VE days
after he had the Information, and in the mean
tine ne had sent two OF his agents to Canada
who were unsuccessful. Mr. Riddle argued tina;
Hayes was in Canada in pursuance Of an arrange
Ment with the secret service. He referred to the
landing order Of the service TO arrest Michael
HayCs" and yet there is proof that the agents Of
tia. service saw him, took messages from him
and delivered them, and made no effort to arrest
hin. Hayes then went to Nettlcship's house,
house Of m0u-ning-aud received $50 from him.
He IN had said that he paid this money 10 send
a thief 70 Washington. Mr.. Riddle argued that
Ret.leship paid the money to Hayes to leave the
country, but he disappointed them by coming to
Washington, communicating with Downs, and
going voluntarily before the committee. He did
not dare to speak separately as TO 4. 3. VII
Hams; sf.eT what had been said on Saturday
there was but little doubt II harrington was N IL.
Williams vas. It took two interviews with Benton
70 decline 70 act as his counsel. They had shown
that "a. 3. had passed some men disguised in
the depot, ana were met by the prosecution Of 2
witness who says he was the party bat this party
does not at all correspond with the description OF
The man who went int9 the depot from the hack. !
They had shown that he followed the escaped !
burEl&T, and was there any doubt but that he |
overlook him. he was neither disappointed with !
"A. g." He had expected that thief would |
nave been on the stand who would swear that he |
was he party ThO wrote tho anonymous letter.
He called attention to the fact that Benton was
N all under seven Indictments, and yet there
was nc trial. Harrington feared to bring him to
trial 2s he did Hayes. II was admitted that
Harrington had an interview with Hayes in jail.
Something Lad been said GbUut he lAr. RiddIeJ
sRyiag reserved fee.
Nj. harrington. navo never complained. this
As personal matter between ygU Sad I,
II IVY 7G-4 II " d. uOO III LuC
record, and proceeded to state that something
was said about his going before the grand jury,
and that he had advised that he should not go be.
iO-e .he grand Jury, He then referred to the Re.
lease d Rentcr, urging that Harrington had no
m0se a-tE0Clty 70 act in the case than Juror.
= o. one T0Td had been said TO his superior OIL
BeE, The Attorney General, or his associates in
MS once. Judge Wylie was in toWn-Why did
they not 60 10 hin? They went to Judge Olin,
and he Judge o. says that they were at his
house some time in tho morning. Why was not
the bail taken in tho daytime: Why not have
autographed TO him: This was q portion Of the
man was to escape in just this
way, and lie vanished Just as elIcctually as did
the mtCEiDg Williams at the bidding Of 4. 3.
Williams. They had shown that the crime was
nc. burglary or Larceny. but conspiracy: that
u vas not arranged in New \ OK nor baltimore;
that the object was TO defame the name of C0lUm-
bus Alexander: that while Hayes was STIMULATING
ICY the delivering Of the hooks to Alexander HaT-
ring.0n was arranging the books in the safe; that
DID 10 exactly what was necessary to |
iuTsheg the conspiracy; that Hayes had been sent
nsI 2; that ZirTuth had been sent here lQT pug I
nose They had been sworn TO render an mpa--
tisl verdict and he Dclieved that they would, and
their reputation was such that tho courts looked
Is them 70 do their duty. He concluded by say
inE the Government soiemnly commits the ease
&c the Eu-y. subject to such Instructions as YOUR !
Homer may see IL to give.
Mr.. Riddle concluded his argument az 1855 |
6loss a. m. having spoken nearly twelve hours,
and the court then took the usual recess.
AiteT The recess; which concluded at le:ii,
- .-,l,I,ssrg,s appeared upon the bench. ac-
nOTnsl2C that he would grant The frst fys
charges asked by the defence and the sixth also |
FitE certain notifications. having heard some
9As from Mr., Daytdger he said 10 the
We have come IN the progress of the trial to
ina. pin; where the Jury should be instructed,
and projected u charge The Jury at length. He
reminded the Jury that they were 70 find the
faC-E. -he.- Iuduss was % he beyond n reasonable
dOabt. he defined the crime Of conspiracy, aud
told he Jury that the evidence OF enc conspira-
tor Was not % bc considered effective to convict
another unless The jury were hrst SATISFIED from
Other evidence that the conspiracy existed He /
u-gci the necessity of iupartiality. They were |
10 E-apple with the testimony, leaving the law to
ThC eur. The circumstances, the manner OF the |
witnesses were all to be considered As to the |
testimony o. accOmpliCgs, the reception OF such |
testimony was common in the family, in church |
and in state Are tho tales Of these acc0mpIicCs |
stra-2E- and Of such character as 70 impress |
The mind with their tTuthiulnesS. They might |
consider the baiiing Of Benton as part Of the |
case. B.~IlliamS ease they ri yht consider In the |
Light Of human association q Legitimate friend |
ship. He instructed the jury as to the bearing 0!
the inpcachtng and the sustaining testimony in |
the case Of Hayes and Zirruth.
The payments Of money 10 Hayes and Zirruth I
uggt be Considered il the Jury believed any money |
hao been p2;d. II vas circumstance in connec, !
s.OL @!.l those Payments that NeLtleship paid /,
H8yeE 80 as he IN says TO come to Washington.
when he could have had Hayes arrested and |
brought 20 Washington by the power and at the |
expense Of the Government. After alluding 70 |
the In--sh trials which had been quoted, he Sqid
there was q greater trial than any Of those. at !
which q Just uan was cruelty condemned and /
died alongside i thief, who was paTdOned In his 1
death. No one could deny the efficacy Of that |
pardon which was extended 10y the Chief ESecu- |
Awe Of the universe. pom the basis Of the doe
LTlnes which came from this man this court aad !
al civilized society was founded. He concluded |
by impressi1g upon the Jury the importance OF |
zAeiE functions and told them u 90 10 the room
and there deliberate. He would receive nc yer (
DICT tonight. but n they came 10 q conclusion by
tomorrow morning at 10 O'Clock he would then |
receive their verdict.
gentlemen Of the jury. you Will now be under !
Ehe charge Of marshal. " hen the court adJOUrHs
retire 20 your room where your deliberations and
your consultations and your discussions with
each other will begin. II will be highly !
improper that any bailin attendingyOu shall
hear your discussions. 1t will be highly i'm
proper that you indicate In any way outside Of
what verdict, or when IL will be rendered. You
will be WatchfUl 70 exclude any and every person
1r0n probability Of asceTtalning anything about
your deliberations: you entitled to discuss this
question between yourselves and each one Of you
IS entitled 10 have bis mind TO himself but he
must have 10. Instruct YOU according to the
principles Of law that have given TO you. 1t is
100 late fer You TO undertake to return verdict
this afternoon, unless you should be out only
snort time. The court will not meet after night.
viii be within the call Of the marshal Of this |
court; II you should determine upon verdict by |
tOnOTTJw morning At 10 O'Clock or IL: tfyOu do we
viii come into court and receive IT. Il you do not
you can DO one Of two things: you can either de-
ilbe-ate upon this question, or you dismiss Il
until Friday. for tomorrow, as told you before
IS Thanksgiving Day: you may exercise those /
feelings in Tie Jury room well as out. and you
20 HHHa TFar1nn aTa1