Evening star. [volume] (Washington, D.C.) 1854-1972, 1874-11-18
THE SAFE BURGLARY
TRIAL FOR CONSPIRACY.
The Arguments.
TWRNNE POI Eth ~

with cOnr piracy IN connection with the alleged
safe burglary in the District Attorneys office
was continued after our report closed. After
recess, MI Hinkle, for Col. Whitley, continued
After reespitulsting the evidence, he referred
10 particular points of the came. That relating
TO the signing of the vouchers for the meneT
paid by Nettleship TO Hayes and Zirruth foI
their parts in the scheme was noticed, and be
asked why those vouchers had not been pre-
scented In court. Surely, the counsel for the
government have not been debarred from ac-
cess 70 those vouchers if they rca,ay exist. aud
| they could easily have produced them here as
lmTOTtan. evidence. The neglect to do so Is a
significant and important omission. As TO the
| story OF Hayes and Zirruth, he had no doubt
but that much of their story was true, and could
be cOTrOboTated by others, but he denied thai in
a single instance where these men had given
their own version of their conversations with
any of thOse charged with this offence, they
had succeeded in connecting one of them with
il in any manner, and these two men were
psrjureTs, liars and villains by their own CON
tessions. Tie law pTesumes If a person testi-
nes falsely In one point, then the whole OF
| bis testimony il false, and the converse of
this is not true. and the law does not presume
IL 10 be true-that is, if a person tells the
truth in one instance he tells the truth in every
instance. There is not a scintilla of evidence
to COnGt ct Whitley with this case with all OF
the swearing Of those men. The case com
Inences on the 9Th OF April by the testimony OF
Jhtse men, ana where was Whitley on tn At day?
IT Il be shown that Whitley was not in New
\ ORR on that d8y, IL he was not present at the
tnFeshOld OF the case, If we pull dOwn the pillar
III iiaNts' evidence, tle0 the whole structure
comes down with crash about his head, bury-
ing him and his statement in tie ruins Mr.
HeuEle then recited the evidence introduced 70
show that Whitley did not arrive in New York
unul me evening OF that day, and claimed that
the fact was fully proven. Referring TO the
telegram sent by Hayes TO Whitley on the It'll
Of April, Dir. HeDkle said il was nothing new
Tor parties engaged in crime to send letters and
dispatches to persons for the purpose of impIi-
eating them, even it they knew nothing OF the
matter whatever. There was no evidence that
Whitley even replied TO that dispatch, and
there is where Providence interfered to protect
An innocent and honest man from the plot OF
villains.
AT twenty minutes past three the Judge asked
Mr.. henkie If be should finish his argument to-
day, and after receiving an answer IN the mega
tive ordered the adjournment.
Mr.. Henkle then occupied most of his time in
Ieeitng the evidence at great length and in
minute detail.
To days Proceedings
This morning on the Resembling OF the
CONT,
MIR. Henkle resumed his argument, and read
the telegram from Bsnfisld 10 Whitley to find
Michael Hayes, dated May 18th; as also the
telegram OF Whitley to Bantisld that he - Will
DO bis best to find him." These had been in
uoCuced by the government, and he was at a
loss 10 know why the government had intro
duced them. for they showed Whitley's fnno-
cence. Reading from Whitey'S letter to New
combe, he said It showed that he (W.) had his
EuspictODs that Nettleship had been connected
with the safe burglary. Did this letter contain
aTy damaging evidences of guilt? In pursue
ssC6 Of instructions NewcOmbe PROCEEDED to
Toronto to see Hayes. Fl. says that he saw
only that part relating to the affidavit but
NewcoDbe denies it. He claimed that New
con be was a credible witness; that he hal en-
jOyed the confidence Of the Secretary of State;
he Attorney General and the Secretary of the
Ire asury-eyen now being in the employ OF
the latter. Hayes story il a tissue of false
hoods, with here snd there a crumb of truth.
He had no doubt but that NewcOmhe had given
history hafu
them. General HenCkle explained that the
dispatch Of NewcOmbe that Hayes "haS made
fUl deposition 20 Lawyer So was read By
Whitley $50 lawyers, and therefore he ordered
the return OF NeWCOmbe. Gen. II. then referred
TO Hayes statement as 10 Nettleshlp paving
him $50, and claimed that the defence hal
Eose OF sending thief to Washington to be ar
rested and not for the purpose of sending him
out Of the country He wss not advocating the
innocence Of Mr.. Nettlsship. bat he would a.,
how and by whom Whitley's or Nettleshiu's
connection hsd been prOven2 It was true that
from the mouths OF liars and thieves they had
heard OF Suspicious remarks. In hIs heart he
believed NettleshIp innocent He could not
believe that the secret service was oroanized 10
perpeuste crime, "to put up jobs" but for the
purpose Of SURPRISING crime. Even ffr were
shown that Nettleship was connected with the
case how does il affect Whitley? The ONLY eyi-
der &c 70 implicate Whitley were the telegTana
and he proceeded to read them, claim
ing that they had been explained bv
tht ElstlFee ana by the evidence. That
re'esrsm reading "Securities good: in
vest, from Nettieship to Applegste, was re-
feIItd TO next. The government had claimed
that there was deep hidden meanino in Thu q
Ps'oD. -. ,. uHC been fully explained BIZ APP
p'egRte. This case has but one parallel in al
history, viz: the case OF PIckWick against Bar
Dell. by Dickens. BY the way, be had read two
Of Mr.. Riddles novels, and under TODD that a
third would soon be published. He would adj
wise Mr.. X. TO take this case and work IL up in6o
a romance; hut there is no necessity for rO-
nance. MT. Henkle then introduced the case
IN Dickens, and reading the case, saId the
'fslcw coach" was the department car alIui-
ed 10 in the telegram. He predicted that Mr.
Riddle would make the speech OF BUzfuZ Ia
concluding this case. MIR. Dickens never
dreamed that the case would be enacted and
no one else; but here il IS enacted. Why should
Whitley, against whose integrity nothing has
been brought, be convicted? Why should
Mr.. Harrington, an honorable young man, OF
whom his pTeceptOr MIR. Smithers) has felt as
proud as he, tthe speaker who had moved his
admission 10 tie bar here? What had been
proved against Williams? They had relied on
ZTruth and Hayes for conviction. Strip the
case Of their testimony leaving the kilograms
N, including the goose hangs high, >" and thew
they must lind a verdict of "nOt guilty.
Would they find verdict OF guilty on the oath
Of such perjuTed Williams as these? It was their
duty under their Oaths u ind verdict of "nOt
guilty"
MIR. Henkle closed his argument at 1850 p.
M, and the court took recess till O'Clock.
TIE CONTEAFT CASE Against hESSRS. w HIT
LEY AND DAWSON.
On Resembling at two O'Clock the jurors
were sent out in charge OF the bailifis.
Judge Humphreys asked n the su5pnnss 70
Whitley and Dawson Gin regard 10 the arrest Of
Michael Hayes had been returned.
hlr. Middleton, the cIerk.-They have. yOur
honor.
NJ. Heukle, for Col Whitley-Jutge Fisher
has prepared return, and it will be here in 8
few minutes.
Judge Fisher read the return Of L. s. Daw-
son, clerk Of tie Police Court, to the rule to
show Cause why An attachment should not issue
for contempt. Mir. Dawson claims that bis ac-
ton was strictly In accordance with his duties.
Gel. Whitley acknOwledg es that he made the
affi daVit: states that IL was understood az tn 2
time that the warrant was not TO be served IN
I'll after the case had been concluded, aud he
learned that the officers made the arrest when
HAYES was about TO leave the city.
Judge Humphreys did not think the return 4
fUli one, but would EOt act hastily, ami post
ECned further action until tomorrow, TO which
hour the court adjourned.
-0
PAINFUL DEATH PROM BURNING BY Coat
OIL.-Nr. Benjamin ). Prather, a well known
butcher. died yesterday afternoon, from iuju-
Ties received on Monday night by the explosion
Of coal oil lamp at his residence, on . street,
near LIST, northwest. Mr.. 2. was about retiring
Tor the night, and, in attempting to eXtInguish
the light, blew into the chimney when the lamp
exploded and the burning oil struck him in the
face and spread over his bOdv and arms satin y