, 1874-10-21


WAss1Saros, D. G., Oct. 20..-Tha trinl OF the
safc-burglary conspirators came up in tho Grim
iual Court to-t1ay. Kottloship and Kunz garo not
present, ind Nettleahip's hail was forfeited, and
u bench-warran iasucd for him. Notwithstaud-
Ing the fact that Huntington has loudly pro-
claimca hs desire for speedy trial, and his pur-
POSE not 10 interposo any technical objection. lis
attorney did to-day lllo q plea in abato-
aent, alleging that tho Grand Jury
waa not legally constituted. This plea was ar-
guod at length bY counsel for the accused, tho
attorneys for tho Government eonteutu9
themselves with calling attention to the
dset aeeaed '' M tie the o Go"t hSa oe argfg been
ruled that tho trial should proceed 1t
once on 1t. merit, as the plea in abatomont is
already pending In higher court, and ho did
not feel under tho necessity Of ruling on 1t
again IN this. He referred to tho case mem
toned in yonr dispatches last night. 1t IL uu-
dorstood that q deciaon therein III not oxpectoI
for aome limo. Tomorrow tho Haie-burglary
cnae wil! bo proceeded With regardless OF tho
plea III abatement.
1t is rumorcd tonight Tint Col. Whitley is de-
ternined to turn Statos evidence in the SAFE
burglary c,sse.
The Hon. ]. II. Wilson, Of Indiana, is here.
having been summoned to testify in tho case.
fIo the Assoetattd lyesa1
WASHINGTON, Oct. 20.--The trial Of tho con-
spiratora began today. Whitely asked post
ponelncnt OF his case It'll next torn which was
denied Se!tleship sought for . postponement
10 giEe hun TING to produce ex-Solcitor Bantleli
and another Witness, now dead. His request
Was denad, and his recoguizanco declared for
feited. Tho court took rcccss to examine the
plea Of Harrison and Williams. that tho Grand
Jury that found truo bill against them was not
properly constituted.
After Tue recess, Assistant Attornsy-Gcneral
Hill, for tho Government, filed demurrer to
tho plea Of abatement.
DayidEe, for Harrington and Williams, Joined
issue.
Mr. Riddle, special Government counsel, said
the Bamo question had been botoro tho court
three times, anl, 11nleHs tho court proposed to
raye1se it's former decisions, the counsel for the
Govotnment would not argue tho case. Judge
HunplrayH said he would henr tho argument IN
suppors Of the plea, and ii any l,ew points were
Presented he would tlleu lenr from the Govern
Inent.
Nr. Henakle read and sustained the plea OF
abatement. and argued that tile laws had not
been complied with, and claimed that the citizen
could not 10 legally. tried OH IN indictment found
by body not uraWn or selected In strict con-
forrni.Y 10 tho law.
Mr. Dayidgo aaid ho wonld not trouble the
Court With an argument. liz had merely filed u
plea pro forma for tho purpose OF saving Il
point. End waa willing to take the decision Of the
Court.
hs. Hill suggested that tic Court rule pro
ao:loa a9 on The polat, overrnl!ng tile abatement
ENi "Aa 'ot tlle cAao PruceGa, CDnbh1 GllEAt
tleh note ~ exception aud a1guo the exception
before tho tull bench.
a. uaYldgo consented, but Mr.. Hcucklo III
In abatement.
,aauge Humphreys said he would sustain tile
eetuu1Ier' but II ut my time during the trial tie
SoAn shoa1d sao that this is oil orrnuaoua ds-
gu ion no "on!d rovolae 1t. he would not enter
tolnnsTer till Tomorrow,
Af. inadle asked il4at Whitley be required to
give bail u tue su,n Of al0U0o Tor hls appear-
a!ee from Gay to day for tris>. His own recog-
tourt adjourned. "A1 'Ae