New-York tribune., 1874-10-21
WASHINGTON.


OPENING PROCEEDINGS IN THE CRIMINAL COURT
NETTLEsHIP FAILS TO APPEAR AND FORFEIIS
HIS RECoGNIZANCES-A MOTION TO POSTPONE
THE CASE OF WHITLEY ovERRULED.
WAsHINGToN Oct. 20.-Judge Humphreys,
holding the Criminal Court announced to-day the trial
OF the safe burglary conspirators against Columbus
Alexander. Richard Harrington, A. b. Williams, Col.
whitley Michael Hayes, and Zeruth, included In the
Indictment present. The abseDtees were Nette
shlp Benton, and Cunz There was a large array OF
counsel on each side Mr.. Hnke presented an affidavit
of Whitley asking postpODement Of his case until the
next term of Court owing 10 the absence of exSoctor
Banfed and Samuel f. Chandler the one being IN Call
fornia and the other sick Cambridge. Mass, both
being important witnesses in bis behalf, and who
would prove whitleys innocence. The Court oyerrued
the motion for postponement, saying that Mr. Baneld
could be teegraphed to appear, and the deposition OF
Chandler could be taken at his house The Judge said
that this case had before the public too long
already and therefore should not DC further Delayed
Mr. HpkIe also presented an affidavit from Netteship
now ID NewJersey saying that his wife expects to be
SICK etc. thus III part accounting for his absence from
court This was not satisfactory TO the Judge, who
directed the Marshal call Nettleshp to come into
court The Marshal therefore called three several times
for Nettleshp TO come into court Not making his
appearance the Judge declared his recognzances 10 be
forfeited and bench warrant will be issued for his
arrest.
Mr. Davidce counsel for Harrington and Williams,
fled plea ID abatement, IN order TO show that the
Grand Jury who found the socaled true bill against
his clients illegally constituted and that in this all
safeguards to the citizen had been violated The Court
with a view Of giving for the examination OF the
plea took a recess. The Hon. jeremiah NJ. Wilson and
Columbus Alexander we're present as witnesses.
After recess Assistant Attorney General Hlll for the
Government Med demurrer to the plea Of abatement.
Mr. Davidge for Harrington and Williams, Joined issue.
Mr. Riddle, special Government counsel, said the same
question had been before the Court three times and un
less Court proposed to its former DECISIONS
the counsel for the Government would not argue the
case. Judge Humphreys saidhe would hear argument
in support Of plea, and II any points pre-
sented, he would then hear from the Govern
mept. Mr.. HInke read and sustained the plea
Of and argued that the laws had not been
compiled with, and claimed that citizen could not be
| legally tried on indictment found by body not
drawn or selected iu strict conformity 10 law. Mr..
Davidge said he would not trouble the Court with an
argument He had merely filed the plea pro torma for
the purpose Of saving the point and willing TO take
the decision Of the Mr. Hill suggested that the
| court rule pro torma the point, overruling
| the abatement plea. and let the proceed.
The counsel might then note an exception
| and argue the abatement before the full
| Bench. Mr.. Davdge consented but Mr.. HDkie In
sisted upon ruling OF the Court the merits OF the
| plea In abatement Judge Humphreys said he would
sustain the demurrer but If at any time during the trial
the Court should zee that this decision
he woud reverse it, He would not the demurrer
,il tomorrow, Mr. Riddle asked that Whitley be re-
oujred to gve bail Of &00O0 for his appear
ance from day 10 day for trial. His own recoRnzance
was taken for that amount and the Court adjourned
ul tomorrow.