National Republican. (Washington City (D.C.)) 1872-1888, 1874-12-10
EXIT SAFE BURGLARY.
THE GOTERNHRNT REFUSES TO
PROSECUTE FURTHER.

PROSECUTE FURTHER.
THE INDICTMENT DIsMISsED-THE RECOG-
NIZAECES RELEASED AND THE BAIL
DISCHARGED BY JUDGE MAC Arthur
THE PROTEST OF MR.. HARRINGTON.
The long dravn-Out prosecution Of the sac
burglary concluded yesterday. We give the de-
tails Of the final proceedings. At the opening Of
the court,
Mr.. Riddle said: Il the ceurt please, 1 have
received this morRtng the communication to
which I referred on yesterday as the one that 1
would be able to submit. 1t reads as fellows:
DEPARTMENT OF JUSTICE,
WASHINGTON, December $ 7S'4.
Hon, 4. G. Ridf5e, Washington, d. c.:
SIR: VIII yeU be good enough tc say to the
court in the safe burglary case thEt the Gov
eminent does not propose to take any further
proceedings in the case against AIRY OF the de-
PENDANTS upon the present indictment. Whatever
other steps may be taken in reference to the case
will be the subject er future consideration.
Very respectfully, GEO II. WILLIAMS,
Attorney General.
The Court. Is there any objection to that going
on hIo?
Mr.. Riddle Meme at all, tibet I know Of 1t
was obviously paper for your Honor, for such
consideration or purposes as may be involved
in it.
The Court. cOnstrue that into an appIics-
tiCn 10
DISCONTINUE THE PROCEEDINGS
upon the Indictment and to enter 4 nOHe pros.
Mr. Davidge. The objection is in my humble
Judgment, that the defendants who do not now
fnterpOse any plea in abatement are entitled te a
verdict upon the issues as now made out. Here is
Individually o pending indictment. Nobody can
doubt that 1t is competent for any defendant to
iDterEOse plea in abatement under the decision
OF the Court in General Term. One Of the de-
PENDANTS MIR. Harrington, declines to adopt that
course. He has already pleaded the general Is
sue putting in issue the aVeTments Of the Indict-
ment. Now, am not very familiar myself with
official papers and with their construction. ] am
a plain man and nothing better than q lawyer
cOnstrue that paper, however, not to bind the
Government 10 any future prosecution. NOW,
why revive this matter in the future? Here is
Tor all purposes whatever valid indictme nt.
The Government does not deny that. The Gov
eminent has tried the issue under the indCt-
ment, and ! must, therefore, with very great
Difference to what may be the opinion Of the
eOurt-Of that. Of course, know nO-hing-l must,
therefore Insist that an early day be fixed for the
trial OF the cause. 90 that day II the Govern
ment is not ready to proceed we will be entitled
to have Jury called and the cause tried. II the
Government come in and HOUG pros. it why it
would he exercising q power that perhaps could
not be controlled by the court; but do not take
that TO be the meaning OF the paper that has been
hled here this morning. l think these defend
ants who are willing to 20 to trial are entitled to
carly trial
TheCourt Well. the case is placed in a very
unusual condition by the presence OF these pleas
upon tie record. One OF the defendants here ad-
heres TO the plea in abatement, while the other
wishes and desires TO waive it. Now, since the
decision made in this court overriding the
dCmuTrerS to these pleas, as l understand that
was the form in which the issue was tried here
the General Term have decided that the pleas
we're good defence in law to the indictment it.
self Now, this circumstance having TRANSFERRED
since the decision OF the justice who held the last
term Of this co9rtundou6tedIy the counsel OF Mr.;
Whitley.WhO. : understand, is the defendant still
adbering TO his plea, would be perfectly JUSTIFIED
masking this court for rehcaring: and this court
could not refuse to grant him a rehearing upon
his pleas TO sustain these pleas, and to quish
the Indictment. What then? We have this state
OF facts. We have here an indictment which, upon
an application by one OF the joint defendants, is
HELD TO BE NULL AND VOID,
and for that reason QuashCd entirely. while the
is to he tried upon the merits with respect
another. Under the circumstances am inclined
10 think that the steps proposed to be taken by
the GOvernment-tEat is, to enter ROHe pros.
is the proper preceding under these circum-
Mr. Cook It is proper for me to say that I
appear for one Of the defendants,
ALBERT CUM,
and l could not do otherwise when his case is
called than file plea in abatement. He has not
yet pleaded at all
The Court. 1t would certainly present a very
inhaTmOniCus record here to have an indictment
pronounced invalid against all Of the defendants
hut one, and to have trial upon that same in
dictmcnt as to him upon the merits.
MI. DaYid2e. And yet your Honor, it is
MOLE ArTAEENT THAN REAL.
Suppose You had allowed each Of these defend
ants 10 sever? Suppose you had tried the case.
and allowed each 10 sever. as you might we'll
have done, you would have separate issues-scp-
arate defences. Now, what do not care about
surrendeTng-and propose TO be perfectly frank
with the COURTS the TACT that in the present
condition OF this record Mr. harrington, who has
been assailed here as 4 cOnspiratOT, will be ent-
tied TO call and put upon the stand these alleged
cOConspratOrs, and by them to show how much
he had to do with the alleged conspiracy. Your
Honor will perceive, in the event Of any future
preceding that legal advantage that has
cTued 10 him in the regular course Of judicial pro-
Ceedings Is lost to him. Had he been at liberty
at the late trial 10 call parties indicted with him
as coconspirators, and to put them upon the
stand, think that any jury would have stultihed
itself that left the box order 10 make up a YER
dict Of mot guilty" Still, defer to the better
judgment OF the court.
The Court. ] must dispose OF this l think. in
view Of the peculiar circumstances under which
the case is now presented to the court [ there
fore quite concur in this proposition by the Gov
eminent, ard shall consequently direct order
10 be entered CismigsiBg these complaints, and
ORDERING MOL rEOs.
The counsel have spoken Of indictments" here.
Is there more thar one:
Mr.. Davidge. Only one.
Mr.. Riddle. That was an error l inadvertently
iell into, your Honor, in speaking on Yesterday.
The Court. Then, upon The finding o. this com
Huuica;iOnr Tie order may be made
DlsGIssING TIRE INDICTMENTS AS 10 ALL THE
DEFENDANTS.
MI DayiGge. Before that is done l wish to
make a single inquiry. understand that my
motion, so far as Withdrawing the pleas IN abate-
ment is concerned. has been granted by the court
] made that motion yesterday.
The Court There has been no formal order
made.
Mr. Dayidge would be very glad to have that
order made. and have il recorded.
The Court. such order will be entered as OF the
tine when the motion was made. and to-day the
order directing a mol pros. will be entered. If
you desire 10 have il in that shape il i'll stand
Not withdrawing the plea n abatement, hut
''WGiyiGg it..
Mr.. Cook. 1t is proper for NE to say that Mr.
NsuIE % trial the last
hut gave security for his appearance At the pres
ent term. presume this Orier will apply To MIN.
Mr.. Riddle. UnqucstOna5ly, the order reaches
his case.
FINS.
The Court. ! dismiss the indictment, cancel the
TecOgHIZaI cCs and discharge all the defendants.
That will be the order Of the court. SO ends the
prosecution.