New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1874-11-26

had not passed the control OF Denoa as matter
,haf The charge against Benton was such that IL
the Jaw au ~, Tie man living in NewYork upon omo
pr"per showing OF his responsibility, tS,onIa WAS ha
ever. ne through With for the purpose OF getIs dis
"mt az the way avoid any rla o. tbe facts YOU
ouV VI Mn then TO connect tho
SosI his particular with the entering tn0 81 the
ali the other facts In the case relation TO the oon
49, o. in this connection have any roi"''o" " ~
tpraey' ,ho evidence TO ascertain whether Su t
Look 10 uo INC, me- mi not understand that the enIte
fsns1 , w re Benton matter nad been mad not
Riddle. II fluid from .na' , violence TO ascertain
uHc,Ssr any steps have been taken from ird soc II
n,,r e. Attorney to bring Benton 10 os' Zen done
DsI rom the evidence, why nothing mas Deer
~ wbat mas been done. Ascertain Io'n ~ which YOU
,e all his in connection with other iat q d from The
na have been proved. means IL you nnu things
evidence that the whole matter Oh avcr 70 Riddle
CONNECTED herewith had been uLneu hobrr tine par
,Hnn Won viii ina IRE from the facts mo antnor-
ticipaton OF Harrington ana Fsner ,ed or whether
nv of Riddle either express or AK ok at all this
r!,iGed and confirmed what they ana es Wye and
evidence mty Marshal Philips aud Deputy CoiH
No. ana the letter OF Riddle, ana tlo cnnnoc-
the ot,ce and the safe as shown ny tua Icd
denee whether tue marks OF innocence u yum"
tbeGen anu % some inquiries arising out OF the course
Of the evidence for YOU TO maS' a dence IL is CON
teuded y the defense That they nave III 10 or that
Ictrd .ue material statements made by HAYES, " tscts
which II true makes what HAYES mas SOU u ~ mat Won
90 me- saSd d. from evidence, which Statements
or the statements o: which Witnesses "Io ""0'
BENTON AND HAYES.
Won ore "a find tho facts In connection with BENTON
and any Of the parties this transaction. You must
~, lose SIGHT OF the fact upon Which all agree ana
hort which there il 10 controversy, that Benton Is INC
man who was followed TO AexandeIs mousse "iVh VIC
lnudc and who was arrested. kept in ail ron tne
Of April until the 22d Of August, three days before we
Cra2d Try was to meet the Court TO reaSsemDIe,
was tncn SATURDAY, late "a the day tSnVn to
ana baed; and you are 10 ma from uo ~ mere.
any OF the parties trial mad any tohu'ctQh .
with. and for what purpose ms mAIer tGS fr
had 10 the allegations In the indictment OF consprdcY
holding only tue parties therein couceruedre l0hslpoiu
the act unless you also fnd TINS 10 De one o, J % and
the drama looking TO the general plan OF c0nI,g u
escape the consequences thereon ana tucl ~ o"
he visited Only on the parties whom the evidence uds
shown to have been guilty OF tue general coh'llIaIN.
whom ne Was arrested by whom the warrant had Dee
procured. You are to determine what the aots arc anu
IRON those facts deduce what inc rea-ohaDe ~
Un.re saws nat Harrington sworc out the warrant
for his arrest defense mas shown by one or twOG
tectIye officers that HAYES expressed SURPRISE ldt nc
shonlJ UUrsc nun as ne mai done Harrington no harm
Tho weight Of N evidence yOu are 70 Judge Of Iou
have before You tW persons VINO nave cOhIeSseddht
there no controversy that two other persons BerOn
and WiIIps alias Rnss were concerned in the opening
Of the sac at liberty by the rules OF law 10 be
Zrrah. Zrruth SAYS that he abandoned the combina.
ton before 1t was specifically Determined What snou
be done. The Government says therefore tha nc Is hOV
an accOmpce TO the iu extent that VIII render lis les
timOuv subject the doubt and suspicious OF that OF
full ana acknowledged aecomPIlce. lOu arc 70 80
mine from the evidence how far he was implicated Ger
para'i0ns were deliberately made 10 receive S'lno
person persons VINO was or were 10 60
tie Office and open the safe on some hgnt uhGe
fined; that specific preparations made on the night
of April % to receive them Dy Watchlng ana certain IL
place or a sound ike that Of explosion. We have
instructed you that Hayes and Zrruth have confessed
alias Bliss the perpetrators OF the explosion Now
you connect the evidence OF the release OF Benton
with the arrest ami confinement Of Hayes and ascertain
IL that evidence furnishes solution TO the Oecs ana
motives of those who had connection with the two
frf ultfff er grf a
with the charges made The Indictment You are also
to look INTO the manner OF the escape OF Williams alias
Bliss, and find from the evidence whether This had any
relation 10 general plan, and whether any two OF the
parties ebargo d had any participation therein.
IL connection with the other evidence. and more I'M
meddcly In relation 10 the arrest OF HAYES, If to your
minds II throws hight tue main issue OF con
spiraCy conspiracy, look 10 the evidence OF Hayes
to the SO given nan al Neeshps house Ia the even
what occurred. Hayes says this money was TO enable
him to 20 away from Washington
CREDIBIuTY OF HAYEs's AFFIDAVIT.
The first paper procured from Hayes implicated Alex
,nder This passed through the hands Of Somcryile.
You are to determine from the evidence whether this
was procured and used by the defendants. or either OF
them or by the agent Of any ALL The affidavit, as IT
Is called. OF Hayes obtained through SOmerville
shortly the farce Of the safeOpening Somebody
whom 10 Apply 10, ana II IS or you 10 gather from
%enr,sented by authority any OF these defendants
Ii So which ones; ana follow Hayes Canada and
see the evidence, II NewcOmb went there 10 get
anything further from him. and for what he wanted |
him Was essential that these defendants, or any OF
Of them should first commit Hayes TO their cxcupation,
true or false, aud tbcn when they had secured tins
thread that they could prevent the force OF full dts
closure OF facts by HIM BY all the rules OF law, the
Government had ana mas the flght ana power 70 use
tins and ZIruh too in order to arrive at the facts
The evidence or the defense SHOWS that some OF the de-
fendtus al least were anxious 70 use ms statements
and the Government was IN duty bound TO get al the
facts II knew those facts. aud was and is
tell the truth although that truth involves their
whether they have told and disclosed to you
the plot in regard TO the SAFE IL the essential aud ma
terl particulars aud as whole Can you from this
disclosure at tne parties engaged Benton Il not
here 10 tell his tale. TO explain how nc got into the
termue evidence why he Is not here and what
motive there In his not being here and at whose III
stance j. he IL appears from the evidence that
someryil!e the agent who procured the original
statement OF Hayes and the agent who came here to
mine from The evidence whose agent he was. You have
heard the argument Of counsel and OF the party most
deeply Implicated abou Benton's release and YOU gem
temen, intrused with the responsibility OF deter
with the OF getting Benton out OF tine that
he could not be made witness by the Government.
from the evidence about this to him. If you mud
that he did what ne did do merely as the exercise Of
what lie thought was ms pOwer-whether he ought to
have done 80 OF uotand had no connection with the
design Of placing BentOn out Of the way, then he
be visited with the consequences OF the If you
ind that lie was imposed upon by an OveTcOntdcnce
oy Of the baiman to bring Benton TO the trial, be is
dence that his acton had 10 connection with keeping
Benton aWay a. 1k IN IN Inc Gnan OF evidence then
whatsoever there might have the action.
HAYEs's CONTRADICTORY STATEMENTS.
Counsel for defense (Mr. smthersJ brought to your
notice the conversation which Hayes had with New
,omb IN Canada as stated by Newcomb. He urges upon
you that Hayes told in that alleged converse
uou, which he said that Carter Benton. and himself
worked up the matter. Here it is argued that Hayes
told the truth. II for Oermipo when he l0ld
the truth. lie Was not under oath then; he when
be told the tale here. You must remember that he be-
longed TO the Secret Service They are not under oath
when dealing with each other for their profession
IL.