National Republican. (Washington City (D.C.)) 1872-1888, 1874-10-21
DISTRICT SAFE BURGLARY.
CO1EMEScEMENr OFEHE TRIAL FOR
CONSPIRACY.

cOgsPERzoK.
APPEARANcE OF ALL THE DEFENDANTS
SAVE kETTLEsHIP : HIS BAIL FOR
FEIrED AND BENCH WARRANT ISSUED
FOR HIS ARREST : THE MOTIONS AND
ARGUMENTS.
The trial Of the alleged safe burglary con-
spiraey was axed for yesterday some weeks since,
and accordingly at the opening Of the court q
large crowd attended, including Hon. Jeremiah
Wilson, Of Indiana, ex-senator Foote, Hon.
Horatio King, about one half OF the District bar,
representatives Of most Of the leading neWspa-
pers Of the country, and number Of prominent
citizens Of the District
Hon. A. @. Riddle, Assistant Attorney Gene
raj Hill and Mr.. r. q. Christie appeared for the
prosecution, and the following for the defence:
Eessrs. Davidge for Mr.. Williams, Gen. Henkle
for Mr.. Harrington, and Mr.. W. A. Cook for
Cumz.
Mr.. James Q. Clephans appeared as the ON
ciAl stenographer.
Mr.. Justice Humphreys took his seat upon the
bench at Il O'Clock, and the erier at once opened
the court, the hum Of conversation giving way
Immediately to the decorous silence and attention
which Mr.. Justice Humphreys is known to en-
force rlgidly during the conduct Of trials in the
Criminal Court. The usual calling Of the roll Of
III
"This Is the day and the hour set for the ap-
pearance Of Messrs. Whitley, Hayes, Nettle-
ship, Harrington, Curnz, Williams and Benton.
The Marshal Mr.. Riddle was here few mo-
ments ago. ITO bailif.) Go down and tell
Mr. Riddle the court is open.
While waiting for Mr.. Riddle, the Court here
called the attention Of District Attorney Fisher
to the case Of Dr.. Leon now on bail on the charge
OF abortion, and said he would hx that trial at
the close of the present case.
In few moments Mr.. Riddle and Mr.. I'M en-
' The Court, TO Mr.. RIDLEY The court has
bean opened, twenty-five jurors called and four
present The ease Of the United States vs..
Whitley and others has been called. What do
Mr. Riddle. I believe, If your Honor please.
we are ready on behalf Of the Government
FOR HARRINGTON AND WILLIAMS.
Mr. Davidge. On behalf of Messrs. Harring-
ton and Williams appear ready.
FOR H. C. WHITLEY.
General Henkle. on behalf Of Mr.. whitley,
said he had several pleas in abatement, which ne
would hle.
WHAT ABOUT NETTLKsHIP.
Mr.. Riddle inquired If Ieabod q. Nettleship
General Henkle said he had been requested by
friend, prominent New Jersey lawyer, to file
a motion for continuance.
Mr. Riddle submitted the question, whether
Nettleship, not having submitted himself in per-
son to the Jurisdiction Of the court it was compe-
tent to submit motion for continuance on his
General HenkIe said that Nettleship had been
arrested by the process Of this court and had
given bail Tor his appearance.
The court said he would trst require that the
MI Davidge called the attention of thecOurt to
the ordinary custom Of reading the indictment
before calling on the defendants to plead, then
they could plead.
TAe court said he would rule that the announce
ment 81 readiness for trial must preeede any mo-
'S General Henkls then read the afndavit of Mr..
Whitley that E. @. Ban1eld, Solicitor Of the
Treasury, was an essential witness for him, to
show that he had been temporarily released nom
the control Of the secret service before April last,
and was enjoying his vacation in Florida when he
was recalled here and directed Tin the interest OF
an investigation into the affairs Of the District OF
| Columbia) to arrest one Michael Hayes and pro
duee him before the Committee. He also says
| that another material witness for the defence
is Samuel Z. Chandler, OF Cambridge, Mass,
| who viii prove that he was in Cambridge on the
day, that be understands, that Hayes VIII swear zee.
| he met him Nv hitey) in New York. On this
| affidavit he filed motion for continuance.
Mr.. Riddle opposed the motion for continu-
| oVerruled The motion for confinusnce'
The court then directed Mr.. Nettleship to be
called, and, on his non-appearance, refused to
hear motion for q continuance on the part Of
Nettleship unless he appeared.
Gen. Henkle said that he felt at liberty 70 say
he appeared for Netteship; that he had Just lost
] two children; had been dropped from his office,
| and that his wife was within 3 few days Of her
confinement, and be could not get here.
Mr.. Riddle again raised tbs point that until
could be entered, and the court ruled that The
| motion could not be entered.
The reeogni1ance Of ]. @. Nettleshlp and Of
/ Frederick 5. Underhill, his surety, were for
ieited, and bench warrant ordered 70 issue fol
| Nettleship.
not be here until Judge BlatchfOrd decides the
| case in New York.
Mr. Davidge fled q plea in abatement on be
half Of Harrington and Williams. He said he did
so on his own motion, but with assent Of hil
clients, only because he wished to reserve the
/ point
The court then took recess until two o'clock
At the reopening Of the court Assistant AttOr
| ney General Hill said: ITO the pleas in abate
ment the United States enters q demurrer.
MI Dayidge: And the defence joins issu'
The Court. The issue VIII now be argued, and
the demurrant will open.
Mr. Riddle declined to argue the case. It wa
Gdjudieata in this court, the court having de-
eided the question In another case in this court
The Court. The Court will then hear the de
General Riddle received the pleas in abate
/ ment; which are the same in substance as those
filed and overruled in the previous certificate for
gerry case. These pleas go TO the competency o.
| the grand jury which found the Indictment on
the ground that some Of the jurors were not tax
1 payers as required BY law, and that one Of them
| was over sixty-five years Of age, and that the
selection Of the jurors was not made by the ocers
substituted for the register Of Washington OF
1
j to wit: Messrs. Philips Bowen and WQEmley, In
/ the manner prescribed by law.
General Henkle insisted with much vigor and
which the jury should be drawn must consist d
| 400 citizens Of Washington, so from Georgetown
and 40 from the county, and that these names
| shall, before being put In the box, be canYassed
| BY q commission, which succeeds the old board Of
register and clerks, and that the box shall then
be sealed and shaken up and that the drawing
shall take place In the preEence Of the commits
/ sioners. None Of these requisites, he commended
/ had been complied with In this case He spoke
with earnestness upon the Importance Of using al
the cautions and precautions needed TO secure
proper Jury. None could be neglected safely, none
/ neglected legally, none could be neglected with
out impairing the validity Of the jury draw
1 without them. He quoted as authorities Lloyd
/ VS.. The State, 18th Ohio reports, 80; State vs.
| Williams, 9Th Alabama
M. Davidge said he had merely filed these
pleas in order TO the points, while he was
satisfied that the plea was bar 70 the indictment
but he did not care TO argue II.
Assistant Attorney General Hill suggested tha
decision be made pro JoTma and the demurrer
heard in the General Term.
The Court thought that 1t would be proper 4
Course had been pursued III the Underwood an
| in the HUFF cases.
Mr.. Riddle did not think that course necessary
The counsel for the defence had followed tn
Judgment Of the court in the Underwood case
and had relied upon the court sustaining lie owl
| Judgment.
IT. In the course OF the trial, shall and reason 4
reverse this opinion, shalinOt hesitate to do so.
1 Mr.. Riddle. Counsel assent
! Mr.. Davidge. That viii be perfectly in tn
leave Of your honor
The Court said that az the hour Of adjourn
nent was at hand he would not enter the rullnl
tonight, but would leave the counsel 70 thin
over the matter. This was acquiesed in, and afte
4 taking Whitley's recognizance In $1,000 or hi
appearance from day TO day, the court adi yurne
until eleven O'Clock this morning.
DIR. AARON ". MILLER,
CONTEMPT OF THE BOARD OF HEALTE