Evening star. [volume] (Washington, D.C.) 1854-1972, 1874-11-03

on him. Could not state the date of he third
interview with Butler. except IL was betWee
Tue zuth and sd; recollects the morning of the
x4th, ana also the appearance of Mr. Harring.
teh; II was one, two, or three days before tue
Durg.aryi don't think IL was on the day of the
oafslaIyi TINS interview took place in witness
psIiCT; he had another man with him, and said:
. his is the man who will bring you the books:
look at him. Butter asked about onpensation,
ana witness said he would not pay any more
than ne mad said referring to the eKpressage);
witness became suspicious that the parties were
putting up job, and so informed those in his
once Y hen he returned; Mr.. Albert Wilson and
ION Evans were present; witness did not tell
MI j. o. Evans OF this matter; vas not so careful
about his interest; TeC0lle Is hearing that Metz
ger called TO see hin, and seeing him at the
CaRltol. Nituess vas not absent on the sd at
night tthe night of the burglary; did not hear
the bell nor his family, very proyidentially for
him and Others; did not think they could be
heard square of; had no expectation of get
ting the books after the third interview; appre-
henced some rascaliv job, and gave notice to
the committee; witness did not have any sUspi-
cIons until after the third interview as to Mr.
HsTTington's connection with the matter; wit
ness Is generally prepared at his house for the
reception or villains and rascalS, and may have
said be was prepared that night.
Mr.. Btag0rd Watson, swOrn:-Witness is Solicit
tor of the Treasury, and had became familiar
with the handwriting OF Nettleship; identified
paper as being in his hand writing; had seen
the paper III the telegraph Office at Harrisburg,
ontario county, Cansda; witness procured II
from the operator or the party in charge OF the
office. This message is addressed TO W. ". APP
plegate, 80 School street, Boston, "SecuTities
gOOd invest" Witness Identified paper re-
ceived from Hayes at the Jail, on the 10Th Of
August. Same import as above, which it will
be Tt collected was written by Hayes or Nettle-
ship, az he HI sw5ars Witness identified the
name of l. u. King on the register OF the R0ssin
House, Toronto. under date OF May 2Ith, 1874,
AS in Nettleship's hand writing; also identified
Somerville's signature on the register of the
Continental Hotel, Philadelphia.
CroSS-eNamined.-Witne had examined the
but had not worked up this case. witness had
not procured from Mr.. Ortoi permission to
raDsack the telegraph Offices for telegrams from
Harrington; the telegram OF SOmervilIe to Har-
rington was not asked for by witness, and it MIR.
madge pretended it WAS so asked for it was
without his authority.
Witness entered on the investIga-
ton of the case on the 9th OF July.
MT, Riddle asked IL there was rule of the
telegraph companies which authorizes the heads
or departments to examine the kilograms of
their subordnates, the expense of which is paid
by the government. Objected to, overruIed, and
exception noted. Witness SAID that he had no
positive knowledge of such ruie, but believed
Il ere was; on that hypothesis he applied to Mr..
orion. There was an order made on his report
To the Secretary OF the Treasury turning IL over
to the Department of just &c, and il was go done
Re-croSs.-Mr. orion, when witness applied
70 him, told him the rule; have no recollection
that copies OF the kilograms or originals were
allowed TO be made by parties not connected
with the government.
ApplPgste received the dispatch, "Securities
good" &c. signed johnson" on May 23I.
MRS. HAYES ELIGIBILITY As wITS Ess.
Mrs Hayes was recalled. Mr. Hill, for the
government, said the court had suggested an
Obie ctiOn yesterday to the evidence of the wife
o. party being taken. He conceived the law
70 he that the Wite's evidence can be taken in
any case where the evidence OF the husband l.
admissible, and read from LIST Phillips on Eyi.
deTce page g; 18th Mason and Welsby, pages
a. and 10, and other authorities.
q nrFo +Or fhs4f a flv,F5 Al.
the question turns upon the relations of hus-
band and wife, the unity of man and wife. How
can the testimony Of the wife affect that of her
husband? The woman was part Of the man
in the theory of the law. Mr.. -. read from
/ sylOr, section $50, the testimony of q wife will
TOt he considered g. COrrObOrating her husband.
de also from 7th Garrin2tOn on the same sub
ject. He further argued that neither Hayes
nor ZirTUth had been discharged from the ope-
rattODS OF this indictment, and that ~ II were
both bad sworn with q rope around their necks
Gen. HeHkle, for the defence, argued that an
accCmplice could be permitted to testify with
the consent Of the court, ana the parties al
though q boHe pros. had been entered, may yet
be ARA EUed.
Judge Humphreys said, 20 save time he woald
announce that he preferred to stand upon an
old law in force in many states declaring that
once.
Mr.. Hill declared that when a qo1re pros. had
been entered 1t ended the responsibility of the
accused to the indictment without StoDoiny
TO argue that point, he would say tnat the gov
eminent had 10 intention whatever of holding
either or the two parties mentioned to any fur
thot trial or responsibility.
The court took q recess for half an hour.
After Recess
On reassemblng at two O'Clock,
Judge Humphreys decided on the question of
the admiSsability OF the evidence OF Mrs. Hayes.
lie SAID that the question was OF consequence
aud OF Importance in every view taken of it,
There was a cOntrarity ef opinions on
the subject, and such being the case,
1-iv
rent legal difficulties was to refer aud re-
cur to ancient principles for a solution of those
difficulties. To look at the foundations and see
II there il solidity. Has it foundation or prin-
ciple TO build upon? If this case was pending
q New York court or United States court
IN that state this witness would be competent
because OF statutory enactment. There every-
body by statute has the right 10 give a state
ment under oath. But here we have a differ
ent ru!e-Whether w3 are wiser or behind
tue age, Is another question. When
there IL cOntTarity of opinions
or discrepancy they must refer to principles
underlying. He had, therefore, referred to old
English authorities, aud according ID his view
he was Inclined to follow Lord Peterborough in
the case OF Rex agt. Locker. He was clearly of
the opinion that the evidence of a wife was not
admissible. Man and wife are but one in the
theoTy OF the law, and any community which
undertakes TO draw distinction between man
and vile will uprOOt the foundations of
society. 1t had been very beautifully said
that the wife was the right arm OF
serve the place OF that arm. AS to the Guestson
OF the parties being prosecuted, no court would
permit further prosecution. Whatever the
witness may say is TO be presumed will sustain
the husband. 1t is true the law permits the
wife TO be witness In some cases. but not in
such as this. He would rule that Mrs. HAYES
evidence is not admissible.
ENTERTAINMENTS THIS EvENING.-Mr. John
Mccullough did not disappOint his audience at
FoTd's Opera House last evening in hIs per-
fOrmRnce of Richelieu, IN which he was rap
turously applauded. Tonight he appears as
Romeo, in Shakspeare's Romeo and Juliet"
supported by his excellent company.
The Aimee French Opera BOuife Company
having arrived, Will open at the National to-
night in " Madame AngOt's Child" Mile Aimee
assuming the role OF +" Clairette," aud being
supported by splendid company, with new
costumes from Paris, new properties, &c.
The exhibition OF the NIltonian Tableux at
Odd Fellows hall will be repeated tonight and
every evening this week. Those who have wit
messed il commend il as a rare entertainments
The Theater COmlque, with its various at
fractions, continues to draw good audiences
nightly. For character OF performance see ad-
yeTtsement.
The Excelsior Choral Society give a concert
tonight at [ MON Bethel hall TOR the benefit OF
the new hall.
The TEA KETTLE VERSUS THE LITTLE
i a,,Fr.