Evening star. [volume] (Washington, D.C.) 1854-1972, 1874-09-15
TIE SAFE BURGLARY CASE.
Interesting Proceedings In Court.
The Case Of Benton CaIled-He Fails
to Answer. and u is Bail
is Forfeited.
New Indictments by the Grand Jury
State ment Of MT Harrington
to the Court-The Indicted
Parties to be Tried
at an Early Day.

Parties TO be fried
at an Early Day.
The Criminal Court room was the point of
attraction at the City Hall this morning, to-day
having been set for calling the case OF Benton,
charged with being concerned in the safe bur-
glsry case. 1t was also generally expected that
the grand jury would report the indictments in
the case. There was very large Attendance,
including many members OF the bar and prom
inent citizens. The questions were buzzed
about as at the previous calling OF the case,
Where g Benton?'' "Is he dead YETI" sc.
These were answered by statements from the
quid nuncs that Mr.. Hine had received two
letters from SOmerville, (Benton's Attorney
in New York, which probably contained atffda-
WITS on which to base application for further
continuance. 1t was noticed that there were
present Messrs. Columbus Alexander, Domaine,
Iyey, L. NJ. Shepherd and other witnesses in
the case. Mr.. Harrington and Mr.. A. Il. Will
liams, who twas rumored were among those
indicted, we're early in the court room. Colonel
Robert Christy, one of the couI sci for the me-
n Orialists, who il is understood viii assist the
prosecution If the government will consent to
1t, was also present engaged in animated con-
versation with Mr.. Davidge, who will defend
Mr.. Harrington. The crowd waited impatieutly
until y O'Clock, when Judge Humphreys en-
tered the court room and took his seat on the
bench. Hon. A. G. Riddle, special district at
tOrney, followed Judge Humphreys in.
THE GRAND JURY CALLED IN.
The Court said Mr.. Riddle, 90 you wish the
grand jury?
Mr.. Rit dle.-I understand the grand jury have
some Preseutments to make.
The Court--ATe they ready? Ascertain, Mr..
Marshal, if they wish to come into court.
MIR. Riddle.-I presume they are. L do not
know.
The Court-Ascertain.
Word was sent to the grand jury, and In few
moments they entered the court, the fore
man having in his hand a number of indct-
ments, which he presented to the court. The
judge proceeded to carefully examine the same,
when he said:
informs me that you have other unfinished bust
ness, and that in all probability You will be
able to get through to- morrow by sitting at an
earlier hour in the day. If you do, you will
can now retire to your room, and attend to any
further business that you may have.
The grand jury then retired to their room.
The Benton Case.
The Court.-Gentlemen, addressing couuseD
the first case on the assignment is the case OF
the government against VIM. Benton.
Mr. RIddle.-If your honor please, presume
the government is ready in that case.
MI. Hine.-If the court please, in view of the
fact that do not believe that witness has
been subpGnaed for the government, il seems
they are ready. However, with that L have
nothing TO do. have only to say that MIR. Ben
ter is not here.
The Court-Can VIM. Benton.
Benton was called by Marshal Phillips, who
reported that he did not respond.
Mr.. HiDe.-I will state that L have advices
this morning from New York that Mr.. Benton
has been seen by the chief counsel in this case,
ard that he will appear for trial; bat Mr.. Som
erville informs me that he has not had time to
prepare fer trial, and desires such time. He
does not ark that the case be postponed over
this term, but only that he have reasonable
time to prepare for trial. have his letter here
in my hand, explaining his reasons. have
substantially stated them. 1 have shown the
letter to the special counsel for the govern
ment, and whether or not he will think it bis
duty to forfeit his ball under the circumstances
/ Will leavd to his good nature.
Mr.. Riddle.-I do not think that IL Is matter
CT option exactly with the party conducting
the prosecution. / have no doubt that air.
Benton is very Jealous and anxious to appear.
] will state that in addition to such moral OBJ
legations as are resting upon him, have en-
deavored to add such legal persuasion as the
jurisdiction and process of the court, as well as
the courts OF New York, have given to me, and
thus far l am unable to produce him. have
the prOfOuDdest respect for the statements of
his counsel in New York, particularly after
having had the opportunity to examine him be-
fore the grand jury few days ago. While l
have the HyeIiest respect for my friend, MT.
HiDe, really cannot accede to this proposition
TO permit the case to finger without forfeiture
OF bail. / have not the slightest idea that it is
the intention of Walter Brown, alias Benton,
ever to appear, or the sntentlon of his counsel,
Mr. SommeTyille, ever to have him appear for
any purIOse. | will ask for an order for for
fixture OF bail in the case.
Mr.. hine.-I present this case, If the court
please, as il comes to me; and while have
UCfDluR
the special counsel for the government has for
me, simply say that if Mr.. SOnerville is hon
EFT in his couDselship, and advises me correctly,
which have no reason to doubt, specially, then
il is a case that especially appeals for post
pOne ment. At any rate pOstponement would
not injure the government, for if he does not ap-
pear at such time as is fixed 70 give his counsel
opportunity to prepare for his trial, the bail
can then be forfeited. There can be but oae
forfeiture. The question now is whether he
shall be singled out under the light which has
been given Us during the last few weeks-singled
out for trial before the general case is tried. IT
appears to me i'll were representing the general
government, 1 would not single out one man
ard try him.
The COurt-Mr. Hine you are departing from
the record.
Mr.. Hine.-I am stating my opinion of the
case TO the court.
The Court-Yes, but there is but one case
before the court. There is no case on this cal
endar against any body else just now.
MI Hine.-Perhaps not. The special counsel
for the government knows whether there is OF
not. / submit this statement, aud say simply
that have no further information.
The CouTt.-Pause minute, Mr.. Hine. Spe-
cial counsel for the government would be prob
ably going beyond his province to announce
cases that have not yet been submitted to the
process of law, if there were any. Judicially,
We know nothing OF any case on the calendar
ready for trial except this one.
Mr.. Hine.-I have only to repeat that have
no further Information.
The COuTt.-The course of the criminal law
i
prepare their cases. If they are in custody
they are brought into court and il they have
any application to make for delay on account
of any sufficient surrounding circumstances;
absence of witnesses, or of counsel, such appli-
cation is always presented to the court to be
acted on. When they are not on bail, they are
bound to appear according TO the obligations OF
their recogniZances in court, and there make
their application for postpouement. There has
heen no ground stated for postponement in this
case. IL would look as If there was an inten-
ton TO tTife with the law.
BENToN's BAIL FORFEITED.
Benton was again called, and be not answer
ing his TecogniZance was forfeited.
Mr.. HIne.-I would like TO file motion to
vacate the forfeiture, so that in the event OF
Mr.. Benton being produced by his bail, or in the
event Of his voluntarily appearing the court
may take such action upon the forfeiture as
may he consistent with justice and fair dealing.
The COurt.-Enter the motion, but let it be
understood that the entrance OF the motion does
not suspend the speedy operation of the Law.
The New Indictments.
Judge Humphreys said addressing the clerk:
The grand Jury has returned into court seye-
raj bills Of indictment. L know of no rule OF
law authorizing any knowledge outside Of the
clerk Of this court, the counsel representing
the government, and the marshal of this court
or bis regularly authorized deputies, to know
anything OF an Indictment until the execution