National Republican. (Washington City (D.C.)) 1872-1888, 1874-10-23
TIE SAFE BURGLARY.


resumed at II O'Clock yesterday the trial Of the
issues Joined upon the Indictment, charging H.
q. Whitley, Richard Harrington and A. B. VIII
/ liams with conspiracy.
The bar was filled at the opening Of the court,
the twenty-five talesmen summoned to complete
the Jury being all in attendance. Outside the bar
| there were but few persons,
as soon as the court opened, Mr. Riddle flor
the GOYernmentl said: wish to ascertain whether
| I can further examine q juror, accepted and
| ity, which came to my knowledge since the ad-
HI. Daviage / should like to be heard on this
| IMr. Davidge, meanwhile, introduced to the
| court Nathaniel b Smithers Of the Delaware
rington, and who, he said, Purposed to give him
the benefit Of his assistance In his defence. He
The Court MI. Dayidge, the Court WIN hear
| YOU on this application OF ldr. Riddle.
Mr. Davfdge had, he said, but little 10 say with
Hs a satsed thSt the
] WAS the final trial OF the competency Of Jurors
/ and that the decision bound all parties. Mr. D.
! quoted Warren on Trials 10 show that the de-
cision on the pOfr dire Of q juror was Judgment
| Of the court binding all parties, and could be
| opened only BY the court neither party having
any right 70 ask any questions Of any juror after
he was sworn. He put it upon the ground that
/ the acceptance Of juror was Judgment Of the
court and an execution Of the Judgment
The court held that such an examination might
be made with view to the information Of the
court, pending any inconpeteney on the part OF
| juror.
Mr.. DAvidge noted an exception.
| Thomas b. johnson was called, and the juror
was asked by Mr.. Riddle whether On Monday last
| touching his trial Mr.. johnson responded that
he spoke with Mr.. Hayes on Monday but not
| with reference TO this case
Mr.. Riddle. That is all.
The names Of twenty-five talesmen were then
! J. Al. Baker and E Deeth we're absent, and the
i court directed that hne Of $40 be assessed
| against each Of them
The names of the other talesmen were placed
in hat and drawn therefrom in order as follows:
! b. Lewis Blaekford. Excused.
/ st. Clair Burnley. After the usual interrogato-
/ ries had been propounded, the witness was asked
if he had any political relations with Mr.. Har-
Mr.. Davidge objected, and the court declared
Other questions Of q similar kind we're ruled
The juror was accepted and sworn.
Gideon W. Larner. Witness had from neWspa-
pers and reports formed an opinion unfayOrable 70
one Of the accused but favorable to another. This
impression would not, however, prevent him from
| doing impartial justice When he had heard both
1 sides.
juror, but il being afterwards stated that he had
expressed an opinion, he was directed 10 stand
II. Morrison. Had an opinion that would
/ prevent him from doing justice.
H. @. Swain. Excused, because he Is cashier Of
William Dickson. Had expressed an opinion.
Robert NJ. Drinkard. Had repeatedly expressed
Samuel Cross. Had formed and expressed opin-
ions but could do justice on hearing the evidence,
but had bias.
W. B. Fugitt Felt that he had opinions which
would prevent him from doing impartial justice.
George F. Mosley, (colored.l
In answer 70 q question Of Mr.. Riddle, the wit
ness said that it would require evidence to over
/ come his present convictions.
Mr.. Riddle, ito the Court.) Clearly he is not an
I afA
TO put him upon the level Of an impartial juror.
The Court held that he was a competent juror,
| and he was sworn.
vent him from doing impartial justice.
Samuel Gedney. Amer the usual questions, the
! Court declared Capt. @. a competent juror.
he had been mem Der Of the Council Of the late
| District government.
Henry D. Cooke, jr. The juror was declared to
IN answer to questions Of Mr.. Riddle. he said
he the Of the late Governor Of the District;
was friend Of Mr.. Harrington, but not intimate.
| 1t would be with great reluctance that he could
| be brought to convict Mr. Harrington.
Mr.. Riddle. Then challenge for cause.
Mr.. Davidge asked some questions, and in re-
Spouse the juror said that he would act with jus
The court still thought him competent.
Mr.. Riddle addressing the court said: It is in
proof that this gentleman is the son Of Governor
Cooke, ez-o6icio, chief Of the Board Of Public
Works, whose conduct was being Investigated by
the Congressional eommitte when this conspiracy
was originated: That investigation was with the
ofcial conduct Of his father. Is he to be held as
competent juror, to pass upon the guilt Of con-
| spirators, who are charged with conspiring 70
! strike down prominent man because that man
was prosecuting his father. He was sorry that
| this young gentleman had not chosen to ehal-
lenge himself and thus save all these considers-
| tions.
Mr.. Dayidge did not think that this was a case
| in which Columbus Alexander was prosecutor.
| If a for the limited Stateg and ALL
strife had passed. A man who could forget strife
was to be commended. He did not believe, like
| Mr.. Riddle, that hate was heritage. After
failing to show this gentleman was not q COM
| petent juror, resort was had by an inveetiVe to
accomplish that which could not legally be done
otherwise. This young gentleman needed no tu-
| telage from the gentleman as to propriety; he
was his peer in al those respects, and he had
| no doubt that he had no desire to serve.
James P. WilIett had a bias and was set aside.
Peter n. Dubant, in answer TO the usual Ques-
ttons, said he felt very kindly toward two Of the
oath. He should want TO be perfectly satisfied Of
their guilt before conviction
William Dayton had q bias.
VIM. H. Barker was sworn and accepted. This
filed the panel Of the jury.
THE JURY PANEL
Thomas B. johnson, w. A. Grifhn, Jesse z.
Mann, Richard 7. johnson, (eolored,) Joseph R.
Thompson. Richard S. Smith, (eolored, } p. Hinek-
ling, W. H. Craig, St Clair BuTley, (eoloTed.j
George +. MOseby, (colored,) Samuel Gedney
and VIM: H. Barker, (colored.) This jury was
A recess was here taken at lis until o'clock
Gen. Henkle called the attention OF the court
nesses for Mr.. Whitley, named Ballard, was in
jail in Buffalo, and he desired that in some way
his evidence might be taken. he would prefer
hobedS corpus ad testtfeatfoHsEI 50 that he might
Mr.. Hill assured the defence that all possible
facilities Tor getting witnesses would be ex-
| tended.
Mr. Dayidge then moved to exclude all wit
nesses from the room during the trial.
Mr.. Riddle suggested that Mr.. Columbus Al
the course Of the examination he would have oc-
casion to consult him.
Judge Humphreys said that it was always un-
derstood that the prosecutor was exempt from
the rule excluding witnesses.
Mr.. Dayidge said that under the practice in
this District there was no such thing as prose-
It was finally directed that MI. Alexander
Should be allowed 70 remain.
The witnesses were then called, sworn and sent
ont Of the courtroom.
OPENING FOR THE GOVERNMENT.
Mr.. Riddle then opened the case for the Uuited
States. He said that this case was one Of grave
importance, and well merited all the attention
the jury could give It; not that 1t had not attract
ed ample public notice. It had been submitted 10
what may be called an ordeal BY newspapers, and
had excited thought and comment from one end
Of the country 70 the other. But neither the Jury
nor the counsel could have part in public excite
ment on the subject. They must follow the beaten
highways Of the law, and seek the truth In the
way the law points out; and If there should be
some discrepancy between the facts which would
be brought TO their attention and the popular
nature OF what the state Of facts was It could in no
wise affect the duty Of the jury. He narrated the
facts relied upon In the case, rather read them
from the Indictment, and then proceeded 70 speak
Of the law upon the subject.
He said conspiracy In the eye Of the law does
not consist IN the doingof unlawful act or by an
agreement 20 unite in the doing OF an unlawful
act. 1t was this which the Indictment charged
on the defendants in this case. The conspiracy
in law is complete when the agreement is COM
nleNnd NnfnUe nF
spiraey are what the law calls covert acts.n The
first question for the jury was is Q conspiracy
proven. Then are these accused men the con-
gpirators. One Of the methods Of proving a con-
spiracy was BY the evidence Of the conspIrators
themselves.
At this point the Court said: We Will be prompt
in opening at II and closing at o'clock. The
crier adjourned the court, and the court was ad-
lourned accordingly until this morning ct IL
O'Clock.
NlT UHpTlM O0TTuGu