New-York tribune., 1874-11-19
THE SAFE BURGLARY.
CLOSE OF MIR. HENELES ARGUMENT foA
WHITLEY.

TEMPT IN PROCURING HNEsS A'Loi ~
MATTER DEFERRED FOR THE FREstNi' ,
w.eu,~crov. Nov 18.-Although this Is the
B,b week of the trial Of the alleged saie DurgaiS ~
,a,o,s ,ne interest undated, ana every ""''
,ons before the Court meets the room oS q"
,nr,ous crowd Of spectators, among them large hui
her of members OF the District bar.
.ner the openins of the Court to-day the Judge said
,hat one Of the defendants, Harrington, had aSKed 10
NJ allowed to absent himself from the court room in an
adjoining room during tho course OF the arguments
se Ind sand he saw no objections TO his doing so II he
chose and lie would be allowed 10 retire at his pleasure
Gen Henkle resumed his argument, beginning win
the dspatch sent 20 Whitley the 18th Of May by So
HECTOR Baudeld directing Whitley TO hunt up Hayes
and bring him before the Congressional Committee
and also the reply of Whitley saying, 81 VIII co my
best TO find him" This said Mr. Henkle, was intro
6uced by the prosecution. and 1t is matter oi great
surprise why tue Government should lnlfod1ee SUN ~
DISPATCH for more than anything else 10 showed the
entire innocence OF whitley, and was strong evidence
thereafter Whitley the letter to NewcomO direct
ing him 10 go Canada and Try and get Hayes TO c0e
the time when Whitley could not have known he mat
ter would before the Court IN TINS manuel anu ne
could not known that this letter OF i9strucuons
wonid ever see the light. ana could not have been
when Tbe ep sIi Interrupted ana asked Mr. Henkle what
time 1t was that Hay made his first affidavit III New"
Mr. Riddle replied that it was the sth Of May o,o
M. Henkle resumed, saying tDat tuls ctter' uluIc
than anything else showed that Whitley was innocent
aud that the whole plot was gotten up OJ nay au @
II
them FROM the detective service; In tHs .eiter l
Wbtley directed Newcomb TO ask Hayes If Nettiesnp
m%nSG. hIG hat Whitley himself had his sgSPisions Of
anal Whatever Mcssis Riddle Hill might think
of him. he vas stll enjoying the confluence oh u m eir
retary of the Treasury aud was to-day SUI IA % ,Ier
employ engaged 10 secret ana Tesponsloe one wrJ
This letter Whitley did hO' ss one and vet
Havps tells Newcomb that none of the ClNll service
os ,ls the % maa who got it up Newcomo wrote dispatch
NSIch he submitted 10 Hayes. who said 1t was all right
saws: HAYES has made ati iayt to Lawyer covering
M h g h,s, goce ioned the S" to the word Lawyer"
making II read Hayes has made anaavi 10 IaM!oIst;
SHvepDg al 70 81" return at once when he arrived
Whitley dumDounded and PROVOKED a. @ ne sSteG
-; rnnr either Hayes his aiavit. All OF this, SAID
Mr Henke, completely exonerates y Mi1Gy anu anu GS'aT ]
Of the mysteries this case but his nOath Is sealed ior
ihe @ naG doSa o1S not OTSs ey % Neesip
he guilty IN all Transaction but That Is none OF my
osis nj nv client 40 not demand IT, and you, gentlemen
of the ry may consider him guiity or not usl as you
GTyitIcl innocent for as trGtbfLy believe him 10 Dc
innocent as believe am standing before YOU 1850. ,,o
MIR Heuke then took up the tclegrams about inc
els" aud the Howard matter, and conIended that
they We're all 4dT Inc defense The telegram sScn
rites good; invest was disposed o1 ana also INC
one Eycrythng is lovely and The goose hangs high"
Here, said Mr.. Henkle, Is where the 1Hh comes III
In Ills case It is romantic indeed; and as
hrother Riddle has himself written two romances and
j. issue third he may POSSIBLY gratIy US ana
give us fOuTl DY writing up tnls case ana
he Will not have to romance much either IL he VIII
Just ceudne himself TO the facts IT VIII make nice read
The "Barde Trial. IN the "Pickwick Papers" reading
explaining TO the Jury and comparing Att0rhey
he was reading the story amid much mirth III the court
room the Judge interrupted mm' ana Objected TO ms
rating mn so much time reading, and directed hun 10
cOnhne himself arguing on the facts III the case MI
Hcnkle closed by urging the jury to bring in verdict
of facoutal If they found possibility of doubt about
guilt, and at O'clock he nnlshed. ,u ~,
The Court inquired who was TO follow, and Mr.
nay aeafd he
Iitr 1n6Se said he Would order recess TIL O'Clock,
at T Te m4 pndse fssFs ws a,S nS spssS
after the business was eoDcuueu he "ouu no' W
6sVdSeI am feeling quite unwe, your Honor,
The Judge NEUTRALITY-SUSPICIOUS. has nothing to
do with it, am not going to allow any arguments TO
be delivered 10 tins Jury under pressure Whatever
and when we come together at o'clock II you. Mr.
Davidge will make the same suggestion, VIII adjourn
the ca Sc till tomorrow.
Mr. HeIke said be was counsel for Whitley. and had
W"ves matter and would he very glad have the
postponed other day. or perhaps until this case
JadgeNo vii not POSTPONE It to IL the close Of
you the other case after your work OF YESTERDAY ana
Today and perhaps the case may be postponed for "a
S"y or ,%G ofer recess Take recess now Til
O'Clock. recess was accordingly TAKEN
TIE CONTEMPT CASE
After recess Judge directed the Jury to retire for
the present and asked If return had beeu made TO the
notice in the Whitley and Dawson cases.
Mr.. Honkle in after little delay, and said
DsrictAtorney Fisher had kindly consented prepare
the return 20 notice. that might be heard at
Col Whitley appeared and was sworn, after which
Jaice Fisher stepped uP to the clerks desk and sad
he 4. d been requested by DAWSON
JUGsc Humphreys, ln:erruptiug-Iake your place over
Mr. Fisher went to tue Attorneys table, and then
read the return TO tho notice on behalf OF Dawson,
clerk the Police Court setting forth that he Dawson)
could not OF the Police Court because
in daily use, aud that IN signing the warrant
of arrest and the commitment papers he supposed he
was dong duty he has Tor three years past per-
famed tie duties clerk OF the Police Court, and it
had been part OF his duty 10 sign such papers, and he
fully supposed that il he had neglected TO issue the
papers he would Lave been dcrelict IN his duty.
ibe warrant, return, commitment and other papers
fn the cases read and submitted
Mir. Fisher then read the answer OF Whitley setting
forn out the warrant against Hayes. be-
lev was IN NeW-York April c. was material to the
al issue. ana because several witnesses had testi-
NewYorh on that day, and as many as SIX more wit
The Judge 0nteirupting)-stop; you need not read
Mr. Flshor-wen it is in the papers, and you told me
10 read them.
The Juise-No / won't let you read that
Mr.. fisner continuing-Tle answer OF Whitley read
that the out early in the month and
understood the officer holding the warrant would
tl after this case was closed. Further, that
officers served because they believed Hayes
the city, and, further that the
OF Hayes III regard TO the whereabouts of Whitley
Alter reading the Mr.. Davidge suggested the
she2d include the fact that Hayes had dis
Nr Rldcle-By whom he discharged
Mr. Dayidge-By you. IN public.
Nj. Riddic-HOw do sou know thatf
Judge Fisher SAID he knew nothing about it bv the
papers case, hut the return could be amended.
After cUliOquy among COUNSEL Judge Humphreys |
said Pause IA moment, gentlemen; you had better |
Yanse right there Before you amend this return you
ing You had proceed deliberately Ia this mat
Ter lot disposed TO settle the case hastily. |
want take time TO examine IL carefully. want TO
whether there not deliberate intent
Obstruct justice rs the case now pending than appears