, 1877-05-29
An Intellectual Prayer for n Con-
tinuance to Secure Wit
ncsse8.
Sixteen Man.Slaycrs Now Awaiting Ex'
ecution In the Keystone
State,
Two Murders Committed Yes
terday in New York
City.
TIE ALLEGED TONfD.HODDEnS.
GptefdI bsspdleh 10 1as J15wHA

6PsE10S A41pQ*fH 20 8HH &F1VkH&
SPRtN0YlHLp, ILL.,, May 23.-1n the 8anRh-
mon Circuit Court thus morning tho attorneys
for tho, doienso Ia the case Of Mullen and
Hughes, the Lincoln tomb-robocrs. asked that
tho case be continued from day to day until the
arrival Of tho witnesses they expected. Tho
Court, Judge Zane, ovcrrule1 the motion, aud
decided that the cnse should bo heard at 3
o'clock p. NJ, unless good cause should bc pre-
sented for continuance. At that hour the
Hon. All. OTendorH, on behalf Of the defense,
renewed their motion. The Hon. G. II. Reed,
,of Chicago. Of counsel for the prosecution, OBJ
tected. uc insisted that tho defense, IL desIzinga
continuance, should present IN affidavit show
Ing good rcasons for tho delay. Tho peoples
witnesses were here, and we're rcndy for trial.
Tho Hon l.. r. HAMILTON, on tho part Of tho
defense, said the witnesses on that stdo had not
yet responded To tho subpnnas issued for them
and delivered for service to tic Sheriff Of Cook
County. He inquired which charge the people
would prosecute On. Mr.. Reed said they would
frat try the conspiracy casc, which Is based on a
sepaeato indictment, Tbs other being for larccny
Tho Court said tho case had been set for .
o'clock, aud must bo disposed Of. II good
REASONS for continuance could not bo shown,
the case must now proceed. He would allow
tho defense ttmo for tho preparation Of nm afl-
dayl&- Counsel and prisoners retired, md, after
moro than IN hours consultation. returned and
presented au ntItdavit statfng: "Tha defendants
cannot safely proceed to trial because Of tho al
senco OF 2. F. Ryan, T. G. Tato, Henry Hughes,
Daniel Hughes, Michael Hickey, Dennis Sim
mons, Davis, = policeman, Frank Mar
tenus, Bridget Lowls, Frank Widen, Il.
G. Bennett, James Shaw. James Carroll, Her
bert Nelson, John +. Barnes, DoyfnEtoD, Of
{. G.ih ci'a:e, Peter Gassy, ; join Murphy, JOSEPH
Sllultz, +. Hotch, and Ja1ncs D. Kennedy, who
are matertal witnesses" etc. further, that tlcy
''arc Informed that witnesses for tho prosecution
cocted s md t entered into on tbe nshs 81 tac sh
swccglos. Il about Q o'clock Of said
day, and that certain plans to rub tho
tomb Of abraham Lincoln wcro formed at
that ting, aud which wero afterwards carrlcd
ont at Springfield, ILL.,, the atlantis being then
present and taking part iD said plau. Al1lants
c1pocato prove by Patrick Ryan. James Carroll,
anY meeting Al swscelcs' house that night, or
BY Frank Hatch aud McNannefs That swcegles
was eonancd IN the rcn'tentin1y ct Wisconsin
tSe aaats ens q spteeed On 'ns sx
ful business. mud not to rob tho
tomb;, By Bridget Lcwis,, that sweeelcs
offered to sesqrs tho aequittai Of a,lants 4 she
Iyrrell originated tho plot for tho tomb rob-
berry; BY Do re.t . prove their good and TT
rcl( aud swceglca' bad cha.actcr.h Tho aflda-
senss il pflnsipsi points. NJ. isssd oS)etted
that tho resitcnco OF. tho witnesses WIS not
stated, aud tho Court held that tho same VAS
| nlatcrfal. Al tho affidavit was not formally
| OF tho wltncsscs-Tato aud Daniel aud
Henry liughcs-wcrc stated to iiye IN iroano!s
County. Tho affidavit further alleged that &irs.
EHI1r bal IL n1{,tu
| Sheriff Kern. and that some Of tho witnesses
| had bcen served. Mr. Reed held that tho
affidavit was insufficient, rs It waa ilnmnterlat,
II there was conspiracy, whether IL was per-
at-some other time OF place. uo argued against
| this continuance ~ tho third ono askeil by tho
defenss, and It would DO 1nlnstico to ask tne
PEOPLES witnesses to como here again. Mr..
| HAMILTON, for tile lcfctlsc. urged that
all known Of tho conspiracy was through the
press, and 1t was based on plot alleged to hayo
been concocted nt swee9tcs' housu on Nov. 3.
lio claimed no lack Of diligence On The part Of
held that tho Important point In tho Affidavit
tho prosecution would admit thnt tho witnesses
| would swear as fact that tho conspiracy was
Nor. 8, lie would dlsallov tho affidavit aid thu
| continuance. After consultation, Mr.. lseo4
said tho prosecution would admit that tho
on IT, Sight q ths iii d November. The tsds Do
| fcuse asked tho further admission that tllero
was no conspiracy ut any other place that night.
! but tho prosecution tefAscd to concede that,
went to trial. There was considerable dlflIculty
III securing Jury. Nine we're challenged Of
excused for causes, aud three remain to bs
finally passed upon TOMORROW. The court I'D:
that tomorrow will 10 principally occupied Il.
securing Jury. 1t is hard to find twelve men
In this county who have not read OF tho ease