Evening star. [volume] (Washington, D.C.) 1854-1972, 1876-03-14
The TREASURY ROBBERY CASE.
The Trial OF Hnlleck

h"h IREASURH keBBE6H CASE.
The Trial OF Halieck.
This morning, In the Criminal Court, Judge
Olin, the trial OF B. b. Halleck, one OF the
parties indicted for the larceny or the PACK
age of SAT ,0SI IS from the Treasury on the %
OF last was resumed District Attorney
Wells and Hon. Jeremiah NJ Wilson for the
government and Gen. Henkle and Mr. J. M
Sharpe for the defence.
oTIhAS's EVIDENCE NOT WANTED.
The Court said that there was no impro-
prlety In the defence using Gilman as a wit
ness III they were 80 disposed. He would be
acompetent witness; although he Ia a party
eharged, he Is not convicted What I'D been
evidence against him and neither could any
eSioence ne might give in this trial be used
Gen. HeDkle said that he did no. know 70
what Mr. Ottnnsn would swear, and as tue
evidence had closed, he would not DELAY the
case lor the pu pose OF comforting with him.
COULDN'T SEE GATES
MT. wells said that he had q telegram
nom tbe officer who had gone TO Athens to
see G Gates, and he would not be able TO APP
show oy him that no such person as Gates
The Court said that If the witness arrived
before the case was Civ en- To the Jury the
government might call HIM.
PRAYERS OF THE DEFENCE.
The defence submitted pray ers that IL the
jury ind that the first confession was male
10 McDevitt while in custody aud Med mad
dissuaded him and his wife and other friends
from sending for counsel when the prisoner
desired TO send for counsel, aud hid said
that he (McD.) would act as his counsel, aud
1fhe would confess TO him (McD.) he should
go Tree, and be would procure him to De
mace a witness, they must reject said con-
fession If they believe that he was Influenced
by the representations TO make It,
2. They must reject the confession il they
believe that II was procured by means of re-
presentations OF McDevitt, and OperateI on
That if they entertain a reasonable
doubt as TO whether the confession male
was Influenced by the hopes ami fears ere.
ated by the representations of McDeyitt
they muStIeject the confession.
4. If they are satisfied that the first confess
sion was made by means of hope or fear, the
subsequent ones are presumed to- come from
the same motive, and IL they are not salts
fed that the original influences had cea ,ed
10 operate. the subsequent confessions must
5. II they are satisfied that the first confess
Sion or the prisoner was Obtaine1 by means
OF representations which operated either
upon bis hopes or fears, the same Influence
Is presumed TO have continued and operated
To influence the subsequent confession, and
tnat the burthen OF showing that the original
influences had ceased 10 operate at the time
OF the subsequent confession upon the gov
eminent; and If they entertain o reasonable
doubt as 10 this point, they must reject such
s. If they believe from the evidence of the
witness, w. w. Hall, that by completely be
tween himself and the officers representing
the government he was locked up In iail and
placed In the same cell with the prisoner
upon the false pTetence that he had been ar,
rested and imprisoned TO answer to the
charge OF the commission of a crime aud
that for the purpose of obtaining the conf
dence OF the prisoner that he might OBTAIN
confess iOns from him, to be used against MIN
at the trial, that such mode OF obtaining con-
1eEslons Is contrary TO the humanity of the
law and public policy; and If they fud thai
the alleged confessions testified TO by the
totally reject them
The counsel proceed to argue these PRAYERS.
Mr. ]. NJ. WILSON
objected 10 the granting OF the PRAYERS offered
Dy Gen. HenkIe in relation to the Confessions
PaCe to Detective McDevitt and claimed
that no such confessions had been male un-
der any promise from McD. or any one else
The cOurt overruled tue first prayer on the
ground mat II was not in evidence that NrD
made any promise OF favor TO the defendant.
but Oufv promised that he would not disclose
what was .Hid 10 MIN, which could not pre-
vent the conIcssI0a troIa being put in evil
dence.
The sixth prayer, in relation 10 the testi-
mOny Of the witness, W. w Bsll, was COM
mented or at some length by Nr Wilson, he
claiming that the manner of oota ming the
confession OF Halleck resOrted to by the wit
law or public policy, but necessary under
every government 10 bring criminals TO j1s-
tlee ana gel at the truth of these crimes SO
General Henkle argued in support of the
prayers.
ARGUMENT FOR THE PROSECUTION
" ilSOn 10 address the Jury
on the part of the government. He claimed
that the government had made out a clear
case against the prisoner, and urged upon
u jury the great Importance of setting an
eStmple To those committing crimes, by
bringing those 10 justice who are clearly
proven 10 be guilty.
After recess Mr.. Wilson concluded his ar
gument for the government.
Mr.. Henkle stated that when he came Ia
this morning he had not prepared to argue
the case, and he asked that an opportunity
be given him to prepare.
The court granted the request, and ad-
jOurned until to- morrow.