Evening star. [volume] (Washington, D.C.) 1854-1972, 1874-11-16
THE SAFE BURGLARY
TRIAL FOR CONSPIRACY.
TvpSTY.sRc DAY.
Arguments Commenced.

ralC Al zig NlStiASN dttVtucge OuCe,
was resumed.
anticipating that the arguments would be
comm enced to- day there was a very large At
tendance. particularly Of members OF the bar.
On the opening of the Court Judge Hum
IhTeys ssked il any member of the jury had
seen q newspaper containing anything in refer
ence 10 the trial or any party connected there
with.
The Jurors answered in the negative and
were directed 20 be taken to a quiet room.
Judge Humphreys, to Mr.. Middleton, the
CleTk.-Mr. Clerk have there been any pro-
ceedDgs in this court as TO any party or witness
in the case since Friday last.
Mr.. Middleton answered that on Saturday he
took the recognizsnce Of Michael Hayes, who
wss brought from jail.
Judge H.-whst wssthe charge against him?
Mr.. Misunderstanding, your honor.
NJ. Phillips, deputy marshal, explained that
Judge Cartier ordered him TO bring Michael
Hayes out Of jail, and he did so, and the Teeog-
nizsnee was taken.
Judge Humpheys--On what charge; whs
Mr. PhiIlips.-I can send for the commit
nent.
Judge H.-Do SO. The Court will take a re-
cess.
HAYES COMMITMENT.
In short time Col. Philips returned and the
court resumed its session.
Col. Phillips have the commitment
The COurt.-Let it be read.
Mr. Middleton read the commitment IF HAYES
70 jail on the charge OF false swearing 8. u a
statement material to the issue"
The Court That is a void instrument: IL does
not say what issue. Mr.. Clerk, YOU will issue q
notice to the clerk Of the Police Court to ap-
pear With the records OF that court, and with
the name OF the party who made the affidavit
n order to ascertain whether or not there has
been any arrest OF party 70, or witness in
the case pending IN this court; that said clerk
appear st O'Clock on Wednesday next And
m the alternative they should show cause why
they should not be proceeded againstas for con-
tempt.
Mr. Davidge proposed to submit prayers for
Instructions.
The court declined to hear any PRAYERS IF
this time, statingG that they would be heard at
the proper time.
mir. Davidge asked that an exception be noted.
ME. Hills ARGUMKNT.
Atl2 = O'Clock Mr.. Hill commenced his ar
eumeDt, hTst congTatulatiDg the Court and jury
on the approaching close OF the trial. which, he
SAID, was remarkable one in many respects
He claimed that the prosecution had made out
a case; that they had shown that there was a
conspiracy by the testimony of HAYES, Alexan-
der, Demaine and ZiTruth. Ii there was not 4
conspiraCy-f they were net guiItv-why hsd
Nettleship become fugitive from justice. He
claimed, as a principle Of law, that when the
evidence establishes t3e fact that four or I've
persons we're combined, the Jury are iustldsd in
interring conspiracy, and he cited ri Whar-
ton, sec. 255l. He asked II there was no com
biBatiUn, why did they look for the books in
HaTTingtOn's safe. He then Tecounted the cir
cumstaDees of the alleged burglary and the ar
rest OF BentOn, and said that those circuul-
stances 90 good way to show that tue party in
charge of the building was in Complicity
with the parties who robbed the safe
The letter 70 Harrington did not of itself
amount to much. but his (Harhngton's) con-
d1Ct was remarkable subsequently. The letter
mentioned that the safe was 70 be blown on
" wednesday or Thursday night, but he took no
precautions u prevent the alleged burglary on
Wednesday night. No; he went then To
WelckeT'S and dlned, lt was unjust q charge
that Major Richards was RESPONSIBLE. for If ms
(B.'sl suggestions had been adopted. the parties
would have been arrested in the houss. Mr.
an then referred 10 Hsrrington's apparent
knowledge OF the whole affair, As shown BY bis
lnt1matlCDs that tie parties were after Evans
books; that be believed that they would be taken
tCCOluutUs Alexander, &c. NTH. then re- erred
70 the evidence, showing that Harrington had
direction q the party, ana said IL was plainly
shown that Richards acted under his directions
except IN q few instances, noticing that after
Richards Iad posted an officer Harrington
counter maEded the order. He closed a. regards
biz. Harrington By referring to tLs fact
nat when the affair had collapsed Mr..
Harrington went out and yomited.
hT. Eiil next spoke OF Williams rs an init
nate fFieEc Of Harrington, whose friendsbip
Mr.. Hill said had done Mr.. Harrington no good
calling attention 20 the missing telegram
and its mysterious diseppearascs when a
package Of kilograms were being exam
med by Messrs. Harrington and Williams
Nr. Hill said the missing telegrz q c ntainei
me WORDS; ASK y TO come with yOu, - aud that
several Gays Afterwards Sir. Henry Williams
-'teInIfs 10 explain that tue "N" should have
feen a''G, ," and that IL referred to Nh Genet
Ihis gentleman was on the stand several DAYS
before. but the defence had not questioned Mr.
G. about il. He claimed that had this been the
fact the telegram would not have been DESTROYED,
for n vas too gOod evidence for their side MIR.
Eiil referred 70 Williams following one of the
burglars down ID street, stating that il was too
late for the nan 10 leave the city. and the police
having seen bin, he would not attempt to leave
next day. Three or four weeks subsequently
Williams appeared ar the Baltimore and POt0-
mac depot with another party, who jumped on
the train just as It was leaving. Ivsy, Arnold,
sTd Lewis testi6ed to the appearance OF this
" = a md vy{fb hat
Of Belts. who testified that he was the party
Mr. h III claimed that ZIriuth was not an ac-
cOmp'ce, for nothing had been shown to con-
meet him. They had attempted to show that Il.
was unworthy OF belief by bringing two men
from Sussex who es-ayed TO speak for the people
Of that place. He argued that Us character
had been established, ana he had been shown to
be 8 credible witness. II he twas not worthy
Of belief; II his statements were not true vbv
did they not bring Bailey and Guild here to con-
tradiCt him. He admitted that HAYES WAS an
acCompliCe, and was a " suspicious Character -
for no one but such would have been EMPLOYED,
He submitted, however, that they at least had
shown that he was worthy OF credence, 1T
least when be IL cOrrobOrated. In regard
10 Whitley, Hayes testimony becomes im1Or-
tant' An attempt had been made TO prove an
dlibi, and he believed that the witnesses were
honest, but that they we're mistaken about the
time. There Is nothing easier than TO make a
mistake about dates, circumstances, and par-
sons, and seferTed to General Myers having
yesterday mistaken him (the spesker) for Count
COTti, the Italian minister, and to the fact that
in the celebrated DR.. Webster case in Boston,
witnesses testified TO having seen aud spoken to
the murdered man (Parkman) after the
murder. He would leave Hayes out
except where be was coTrObOFated and
he commended that with such evidence they havs
made out case. Hayes testified that he tele-
graphed 10 Whitley On April It'll, asking for or
ders. IL be was not here To perform Nettleship's
orders he would have been a fool TO telegraph to
". he asked why had not this telegram been
explained by the defence if II could have been
dOTe. Mr. Hill then referred TO the telegram
JSeCUrities good" &c, which they had at
tempted TO explain by the Millege JOhusOn cOun-
terlsit case by Arplegate and Nettleship, and
said the story On its face showed its faisity,
Re then referred to the fact that il WAS
eight DAYS after Hayes whereabouts had been
found by Nettieship before any report of ii was
sent 10 Ibis city. He referred to the attempt to
show that Nettleship left here on the 22d but
they had met that by producing the report of
the secret service for April, showing that y.
left Washington on the 23d. He thought that
y. did not leave until the oath.
A recess was here taken,
-S-
Mr.. JOIN r. PRIGG, proprietor Of the old
ettHblished jewelry store, No. 45T Pennsylvania
avenue, is constantly adding new attractions to
his always attractive stock Of goods, and among
the additions re Gently made we make mention