National Republican. (Washington City (D.C.)) 1872-1888, 1874-11-19

by the Polce Court OF the District OF OOlumOl1
on the affidavit OF the undersigned, and 70 answer
further in regard to q proceeding in said supreme
Court why an attachment should not issue
against the undersigned for contempt.
In answerto said notice the undersignedr respect
fully makes answer that he is here at the timea
pointed in said notice, and tenders mselfready
Of said Michael Hayes on the afidavit -,,nsajd.
and the undersigned further "-,-orln5 N resrar3
to proceeding in -.., said supreme Court why
an - shonld not issue against him for
con'e.sipt AYERS that on the 18th OF October last
etc said Michael Hayes having been produced,
sworn and examined as witness for the Govern
ment in the case Of the United States against
Hiram q. Whitley and others, charged with con-
spiracy, did feIOniousIy, willfuIly and knowingly
falsely swear that between the hours Of and 10
O'Clock on Monday, the 9Th day Of April, lsIA ne.
the said Hayes, went to the Office OF said Hiram
@. Whitley, at No. SO Bleecker street, IN the
city Of New York, and, after waiting 3 rev
minutes in the rear office, Col. W httley came
in from the front ONCE and said: How do you do,
Michael?' and shook hands with him, the said
Hayesl and inquired If he (the said Hayesl could
assented and that Col. Whitley directed him 1.-THE
said II ayes) to go to the Metropolitan hotel in
Washington and see Nettleship. That the mat
the question at issue in the said of the United
States against Hiram q. Whitley aad others, then
pending In said Supreme Court. That afterWard,
during the trial Of said case, eight witnesses
were produced on the part Of the defendants, Whe
being daily qualified, testified that between the
April, 1874, the said Hiram o. Whitley was not in
the city of New York, or at SO Blocker street. in
said city, but that according to the testimony OF
three OF said witnesses they saw Whitley In Bos-
ton between the said hours Of and 10 o'clock
that he left the said city OF Boston at the hour of
10 a. m; was seen and cOnveTsed with by one OF
said witnesses at Springfield, Mass, midway be-
tween Boston and New York, at the hour OF
o'clock p. m, on the said 9th day Of April; that
he was met az the Central depot in New ork Dy
two other Of said Witnesses and that according to
the testimony Of three Of said witnesses said
Whitley was not in his office at SO Blocker street.
VnrE q time of his arrival in said
city Of New York up TO the hour Of 10 o'clock p.
m. on the said 9th day Of April. The undersigned
witnesses besides himself who, he believes, will
swear that he was in Boston at the time.
AN INTERRUPTION.
The Cont. You need not read that; that is not
Judge Fisher 1t is In the paper, sir. You have
ordered me TO read the return.
The Court. No, will not allow you toread that
part OF IL.
Judge Fisher. Very we'll, your honor, then
will proceed with the next paragraph.
Judge Fisher then read as follows:
The undersigned further answering saws that
he knows that the said Michael Hayes, in his tes-
tmOny as heretofore set forth, did commit corrupt
and willtul perjury; and knowing such to be the
fact, the undersigned made an affidavit before
the Police Court on the 9Th day Of November, in
slant, having taken legal advice upon the sub
ject; and that when said affidavit was made IL
was understood by the undersigned that no arrest
Of said Hayes would be made until said case OF the
United States against said Whitley and others
intention Of the undersigned that said arrest
should be made until after said case should have
been concluded; and that he has been informed
since said arrest, and believes that the officers
having in charge the warrant of arrest, had
learned that said Hayes was about to leave the
city Of Washington on the o'clock train on the
day Of his arrest to wit: on Friday last; and the
undersigned further says that in the whole trans
action he had not the remotest suspicion that his
action could be construed into contempt Of court.
H. y. WHITLEY.
Subscribed and sworn to this 18th November
1874, before X. J. MEIGs, Clerk.
By E J. MIDDLETON,
Assistant Clerk.
Mr.. Davidge. Judge Fisher you have not stated
in the return that the witness Hayes had been
discharged: You ought to put that in.
Mr.. Riddle. That is not true.
Mr. DaYidge. Yes it is, and he was publicly
discharged.
Mr.. Riddle. By whom?
Mr.. Davidge. By you. sir.
Judge Fisher. Shall amend the return?
MI payidge. We ought to have something to
show that.
ing Colonel Whltley.l Shall put that in?
Colonel Whitley. Yes, that was my understand
ing.
TINE AND WIND UP"
The Court Wait a minute. You had better
pause and do this thing deliberately. This is 9
question that probably cannot be disposed Of in a
lew minutes. There is but one response really
and legally to the rule that is, the latter part
Of it. Did you draw this paper, Mr.. Fisher?
Judge Fisher. did, at the request of the gen.
tleman who made the return.
The Court 1t is q matter that can hardly de-
termine properly. am not going to go ahead
too rapidly; I want to be advised in regard to it.
The attempt TO rehash, by defendant who is on
trial, in public return to the court, Of his own
statement Of an allegation, such as this contains,
strikes me as very foreign to the question of at
tempting to take out Of the Jurisdiction OF the
court and going before committing magistrate
and attempt to dispose Of that which the court
had heard. My advice is that time be taken if
you want to amend that answer in any way. Per-
haps you had better look into the matter and see
whether there is not an additional piling up OF
defiance with regard to the question thatis before
this jury that is out. do not know; may be
mistaken; but will not be hasty. think 1 will
give time, to see whether there is q deliberate in
tent.
Mr.. Davidge, do you wish to address the jury
to-day?
Mr.. DaYidge. 1 would sooner 90 on in the
morning, as am not feeling very well this after
noon.
The Court That is what 1 supposed from
what you indicated this morning. We will post
zone the further consideration Of this matter,
then, until tomorrow morning.
Mr.. Henkle. would say TO your Honor that
Colonel Whitley is certainly DESTROYS Of submit
ting entirely to the order of the Court in the
premises, and If the order
The Court. You can take time and look into
the matter. and see whether you desire DELHI
erately to present the paper or not as it is. In
the meantime, Mr.. Dawson, if you are required
here any further, You will be notified.
The jury was here instructed to be brought in,
when the Court said:
Gentlemen, you are no doubt Gatigued from the
labOrs Of the day, and We will not continue the
present session Of the court any longer. The
argument will lie resumed tomorrow morning.
You are under the same Instructions that have
been given. But my advice to you, apart from
that, in addition to II, is that you shall be more
careful, as matters progress, from allowing CON-
municatiOns Of any kind TO be made TO you. If
anybody attempts to do so, you are in duty bound
to make that known TO the court.
The court was thereupOn adjourned until to-
morrow morning at II O'Clock.