National Republican. (Washington City (D.C.)) 1872-1888, 1874-09-16
THE MYSTERY OF THE SAFE
z1ETEREszIEs PROCEEDINGS IN
C0VRT KESzERDAK.

sFDICTNEBTs PRESENTED AGAINST
lIEssRs. HARRINGTON, WHITLEY. AND
OTHERS = Mr.. HARRIEGTON's STATE
NEET-BAI ENTERED FUR TRIAL-rHE
CASE OF Observation-Disclosures OF BIS
BAIL BOND.
The session Of the Criminal Court has seldom
been a. occasion q more interest than yesterday
The Surratt trial, the Mary Harris oase and
Siekles' trial. being, perhaps, the only ezeep-
tioaE Besides the habiiuss Of the bar, many Of
Ale leading deteetiFes both Of this city and Bal.
more, TIE priacipa1 memorialiEtS and their eoun-
aslinthe Congressional Investigation were pres,
ent. Long before the hour designated the room
uns crowded.
Fei,ra ne isst stroke Of IA Judge Humphreys
(Who is Always punctual) Rad assumed bis seat
mon the bench, and the laughter, shout and hum
g " iais eos9 gS5 . ,aee = ne eoo0f0os 81
Judge humphrey. i the grand jury IN at
tendance this morning.
The Court. M. Riddle, do you wish the n A.
NJ Riadle. ] understand they have some IN
ne Balm. I know they are ready. 1hes tod
~ Cont TeIi them 70 come down.
An interval here occurred, during which the
Court took hail ia ease OF resisting an oineef.
Very soon the steps Of the grand jury became
silence and were furnished with seats.
no clerk flIr. z. ]. NIiddleton.) Gentlemen
have Won atreed upon any indictmentsi Are you
form not changing the su5stantei
The foreman (Alex. Garonerl approached the
20 the Judge in 3 low voice, and then handing
ne Court. Is william Beck IN jailf
Harshal Phillips. III see. (After going out)
Yes, sir. VIM. Bsx 1t is-B-e-x.
The grand jury ignore tie bin In his case and
49, fo-s-s. $50 ,,tt,,,.a "a .ory,s-.s an a low
tone with the Judge, and the eroEd eager 70 hear
Who had been indicted grew restless. In . few
Whispered that be had forgotten % endorse the
indictments, and had gone out 70 comply with that
important requisite. He soon returned, however,
C5enfienen Of TIE jury: Your foreman informs
ne that YOU have ether business, and that in all
probability you VIII be able to get through BY
io-morroW. You can retire now 70 your room aad
transact any further business that you have.
The Court. Gentlemen, addressing cOunsel,)
the lrst case On the assignment Is the ease OF the
Government against Wm. Benton
M. Riddle u your Honsr please presume
the Government is ready IN that case.
Mr.. Hine. II the Court please, in view Of the
iaet that 90 not believe that witness has been
eubp9naed for the Government II seems little
singular that they should announce that they are
ready. However, with that I have nothing to do.
] have only 70 say that Mr.. Benton is not here.
The Court. Can VIM. Benton.
Benton was called BY Marshal Phillips, who re-
ported that he did not respond.
Mr.. Kline. will state that have adTices this
morning from New York that Mr.. Benton has
been seen BY the chief counsel In this ease, and
that he VIII appear for trial; but Mr.. SomerTllle
informs ne that be has not had time to prepare
for trial, and desires such time. he does not ask
that the case be postponed over this term, but
only that he have reasonable time 10 prepare for
f4iSl. / have his letter here In my hand explafn-
ing his reasons, have substantially stated
them. have shown the letter TO the special
counsel for the Government, and whether or not
ne wiz think it his duty 70 forfeit his bail under
~ Riddle d not think ii sss It Is matter Il
option exactly with the party conducting the pro-
BecutiOn. have no doubt that M. Benton is
very 1ealous and anxious 70 appear VIII state
fkat IN addition to such moral obligations as are
resting upon him, / have sndeaEored 70 add such
legal persuasion as the Jurisdiction and process
sfthe court, as well IS the courte Of New York,
have given 70 me, and thus far am unable to
produce him. have the profoundest respect for
he statements Of HIS counsel IN New Yo.k par
f5eniaTlv after having had the opuortunitV 10
examine him before the grand jury few days
ago. While ] have the hTeliest respect for my
friend, Mr.. Kline, ] really cannot accede TO this
propOsition 70 permit the case to llnger without
forfeiture Of ball ] have not the slightest idea
1hat Il "a the intention Of Walter Brown, alias
Benton, ever 70 appear, or the intention Of his
eOGnsel, Mr.. SommerTille, ever to have him ap-
pear for any purpose. / will ask for an order for
forfeiture Of bal In the case.
HI Hine. 1present this ease, II the court please,
as Il comes 70 ne; and While have nothing 70
say about the 'livelieSt respect that the special
counsel Tor the Government has for me, simply
say that II Mr. SomerTIlle Is honest in his coun-
eelEkip, and advises me correctly, which have
no reason 70 doubt specially, then II Is case that
especially appeals for postponement. AT apy
rate postpOnement would not injure the Gov
eminent, for II he does not appear at such tine
e L 1xee % give his counsel op2ortgnsy . pre-
There can be but one forfeiture. The question
nov 8 whether be shall be singled out, under the
hS 9 oas or i Ssors t lns F sn.
eTal case Is tried. II appears 70 me II ! were
representing the General Government would
not single out one man and Try him.
TIA Ccurt. M Hfnn Won are deDarttug from
N Hins. lam stating my opinion Of the case
ne court. Yes but there is but one case be-
fore the court. There Is no case on this calendar
aEaingt anyb body else Just now.
Mr.. Zine. Perhaps not. The special counsel for
tia Government knows whether there e or not. ]
submit this statement, and say simply that ] have
10 Court psuss s minute, Mr.. HIne. Special
counsel fer the Governments would be PROBABLY
EolnE beyond his province to announce cases that
lave not yet beea submitted to the process Of
law, u there were any. yndieially, We know moth
ing 81 any case on the calendar ready Tor trial ex-
IL. Hins. ihays only to repeat that / haYsn no
further Information.
The Court. The course Of the criminal law Is
1oI parties % apPe4T - court eno - sne 70 pre-
brought into court, and II they have any spplica-
tiOn 70 make for delay on account OF any sutcisnt
o. OF counse such application Is always presented
t. the court % Be acted on. When they are cot
on bail they are bound to appear according TO the
obligations Of their recogniEances IN court, and
there make their application for postponement.
There has been no ground stated Tor postpone
nent y us case; II Eeula look as II there was
Benton was again called, and he not answering,
HIS FeeogniEanee was forfeited.
Mr.. Hine. would like to tle motion TO Yacate
the forfeiture, 90 that in the event Of Mr. Benton
being produced by his bail or in the event Of bis
voluntarily appearing, the court may take such
action upon the forfeiture Is may be consistent
with justice and fair dealing.
The Court. Enter the motion, but let Il be IN
derStood that the entrance OF the motion does not
suspend the speedy operation Of the law.
Judge Humphreys said, addressing the elerk:)
ne grand jury has returned into court several
thorizing any knowledge outside of the clerk Of
this court, the counsel representing the Govern
ment, and the marzhai OF this court, o. his regu-
larry organized deputies, 70 know anything Of an
indictment until the execution Of the process.
have no power 70 inform anybody Of the indict-
ments that have been presented. The CLERK has
has none the marshal has none, until the party
- informed. Il Is 0fteu the case that persons may
suppose, OF By some means or other hear, that IN
Any person who wishes Voluntarily to su-ren-
der himself can do 60. II he does surrender him
self and esk for information whether there is an
1ndlctment against him he q then In the custody
q the Law, and the information should be given
HIM but rntl that is done DO no. know Of any
lhat proceedings have been had BY the fraud
jury, and We cannot avoid rumors But the on
G-Ai Be- llu4 kullk Is ack mat Know OF
1haB binds parties; tie ofhcial aet cannot be
Known properly except IN the time and manner
have Indicated Il il your duty 70 take these IN
dietments and exclude them from public and pri-
Vate view, except The ldcers have named Uatil
ruch time tcsordinE 3 the rules OF Law sheT
shall be presented pa licly.
MT. Riddle. VIII your Honor permit ne TO IN
quire Whether that e upon the arrest and produc-
zion Of tie partiesi
The Court. Yes. They are then IN the custody
81 the law When arrested, a. have stated, II
any person who imagines that he has been IN
dl6ted comes into court and makes inquiry 70 that
eject, do not know Of any rule that W0uld pre-
vent BIS being informed whether It Il 80 or not;
for lift is 90 be is ~ the custody Of the oeers Of
the court, and the ends Of the law, 30 far IS
knowledge Is concerned, have been met
Mr. RIDDLE. HyOur Honor viii permit ne to
Eay single word. Perhaps ] may, without IN
justice 70 any present service, suppose that the
remarkso Of yodr Honor be made with reference 70
certain eases that are Eaid % have been entrusted
= ny care II ] nay Be permitted, wish % cay
a reierence 70 those that whatever Of rumor may
have got itself abroad, an entirely satisfied
4hat = vas rot owing 70 auy ldehes, or looseness,
y may use liberal expression, on tie paFt q
Ire gentlemen q tie grand jury. Il vas one Of
considerable attention.
So many witnesses have been examined before
tke grand jury, and 20 many have perhapg been
Wiling % state what they themselves have test.
1eo =, that the matter has been beyond the
reach o. control Of the ordinary means bY which
security against publication would Be inf ared ]
VII gtate-submitting II % the better discretion
Of your H1nor-tEat an not aware OF anv pubIfc
interest that, 10 ny opiulou, would be uISiidlced