Evening star. [volume] (Washington, D.C.) 1854-1972, 1884-04-26

In the Criminal Court, Judge Wylie this morn
Ing, Mi. 4. B. Williams, Of counsel for George W.
McElfresh and George o. Miller ex-metropolitan
police detectives, flied motion for speedy trials
&C, of the cases in which they indicted. These
are in indictments No f4,700. charging C. E Film
der, G. W. McEfresh, George o. Miller and James
A. McDevitt with receiving stolen goods the prop
erty OF Thomas Hiland, and No l4101, charging
the same parties with similar offense of property
lald as that OF the National Metropolitan bank.
AFFIDAyITs OF THE Ex-DETEcrIvKs
MeSsrs. Miller and McElfresh filed motion to
consolidate and fix day for trial, with an afida-
Wit, in which they state that neitler OF them took
any part In the recovery OF said property its
toration, and neither OF them ever saw the said
property, or had the same in their possession or
under their control, either directly or indirectly -
Ihey state that they were charged in indictments
1850 and 1881 with the same offense as TO the
Finder and McDevftt were acquitted. and on the
trial their innocence was fully demonstrated and
proven beyond question, provided the testimony
produced by the United States was truthful. They
further stated that the statements made by Thos
D0nohue and Others would, IL true, connect these
alnantS with the manual possession OF said bonds,
&C, ana with knowledge OF and concerning the
larceny OF the same. They that the said state
mentS are wholly false and untrue and, according
factured by the said witnesses for the purpose OF
aiding certain designing and evi-dsposed persons
AS to Indictment 1853 Mr.. Miller makes afidav1t
That he Is indicted for receiving stolen goods the
property Of Reginald Fendall; that the witnesses
are Mr.. Fendall, A. Ecklor and W. j. Dunnav1n all
residing here and easily reached by process; that
the indictment was filed February 26th, 1885, and
over year and month has passed and the case not
called.
AS to Indictment 14,e74, which charges Miller
the property OF Clinton G. Collegiate, Mr. Miller
states that the witnesses are j. W. Douglas and
Messrs Ecklon and Dunnav1n, all OF whom can be
speedily reached.
MT. Milers affidavit as to indictment 1865.
Wnlcn charges MIN with grand larceny as TO the
Chrlst1ancy diamonds, states that the witnesses
are James l. Christiancy and Thomas Donohue re-
sidents here; that Isaac p Chrstancy, he believes,
is at Lansing, Mich, and be that all OF them
are within the reach Of the process Of the court,
and closes with the additional statement that the
Indictment was found principally on the testimony
OF Donohue, whose statements, as far as they have
tests his innocence.
AS toindictments 1876 and 1885 against Mt.
McElfresh, chcrging him with receiving stolen
erty Of Margaret White a motion is made to con-
Solidate and Mr.. McElfresh In his AFFIDAVIT states
that the witnesses endorsed on the back OF the in
dlctmentS are VIM. White, A. EckIon and w. j.
Dunnavin, and are within easy reach OF the court:
that the indictments were found February Goth
1883 and June 18th, ISS3 and he believes further de.
lay Is unnecessary and Injurious and oppressive to
him.
AS to indictment 14,e9s, charging him with re-
celving stolen goods (the Christiancy diamonds),
Mr. McElfresh asks speedy trial, and files an af-
davit that the Indictment was found March Sd, on
the oaths of j. l. Chrstiancy and Thomas Donohue,
"has no knowledge personally of said goods: - ::
that he has never them in his life or had them
IN mis- possession or control directly or indirectly and
he knows OF no reason why he should be charged
with the said offense concerning the same. and
that he is wholly innocent" &C.
THE CHkIsTIANCY DIAMOND RoBBERY-PLEAs OF NOT
GUILTY.
Mr. Williams called the attention OF the court to
the af1davtts as to the Chrlstiancy diamond case,
and some surprise was shown when he stated that
there had been no arraignment on this indlct-
ment.
The court said that nothing could be done until
Mr. Williams said MI. McElfresh was present and
MI Miller would be In a few minutes.
District Attorney Worthington said he would not
waive any OF his rights but he had had no notice OF
the af1idavits having been filed.
The court said there should be an arraignment
before any other action was taken.
MT. Williams said he had served q notice. In
writing, on Mr.. Worthington on Thursday stating
that as there = would M] be af1idayits filed.
the Christiancy indictments, and entered pleas Of
not guilty.
M: Worthlngton claimed that he had not had
sufficient notice
The Court said that the question was now, would
they fix a day.
Mr.. Williams said in the case Of Miller three full
terms OF the court had passed and In the case OF
McElfreSh two full terms,
The Court hope they are halfthrough.
SPEEDY TRIAL DESIRED.
Mr. Williams said they desired q speedy trial
The Court-YOu need not enlarge on that point.
Mr. Worthington when will it suit you to try these
cases?
Mr.Worthington replied that he was unable to say
now, Tor he had not had time to investigate them
When he should take up the cases, In such as came
within the ruling OF the court he would nolle pros
for he did not believe in taking up the time OF the
court unnecessarily He admitted that the defend
ant was entitled to speedy trial He did not be-
ueve that a prosecution should hold on cases
because be the ruling OF the court was against him.
require time TO examine them There were two
cases In which they were ready-those OF Dunn and
Murphy-which went to the General Term.
The Court-These are not detective cases.
sented TO him.
The Court-They are monte cases
Mr. Worthington asked If Mr.. Williams would be
ready to try these cases Tuesday week.
Mr. Williams replied that he would not, and that
tnose Vases should not be Injected here.
THE TRIALS FIXED FOR JUNE 9TH
The court said he would fix the cases for the sec
ond Monday in June-the 9Th
Mr.. Williams called attention to the other cases
growing out Of the National Metropolitan bank
robbery.
Mr. Worthington said that since the former trial
matters had come to him to cause him TO doubt If
he had not made mistake as to entering nolle
pros. as to Miller and McElfresh.
The court said he would fix the detective cases
for that date, SO that there could be week OF de-
tectfve business.
CASES WHERE DEMURRERs HAVE BEEN FILED TO BE
HEARD NEXT SATURDAY.
In sever al OF the remaining cases the defendants
entered pleas OF not guilty, and the where de-
murrers have been filed were set for Saturday next
THE CASES AGAINST ''LITTI.E HORACE" MOL. PRoSsEp
The district attorney said he desired to enter a
nolle pros as to the cases against Horace Hovan,
alias "Little Horace"
The Court-You must control that II I had
control over you would not consent to DO It. OF
course the government can do as it peaSeS
MI Worthington-Well, will enter nolle pros
In five cases
These cases are, indictments with James Burns
and George Carson) for the Government Printing
onice robbery, ,S13 January 2 1879; for the Ma
u0nai Metropolitan bank robbery July 2, 1880, two
cases; and for same robbery, with Carson and
Buckley Taylor, two cases.
LITTLE HORACE RELEASED FROM JAIL
This afternoon, 1t having been made apparent
that q nolle pros had been entered In the South
leased from Jail
A Charge OF Backing Policy.
AN INTERESTING Law POINT TO BIZ DECIDED
The case Of 3. P. Cross, Of Montgomery county,
Nd, who was arrested by Detective Block, OF this
city, and taken to Baltimore on the charge OF back
Ing policy, has been set by Judge Norris OF the cir
cult court OF Baltimore, for hearing on May 10.
Detective Block made complaint In Baltimore
against Cross and, warrant having been issued,
serve the warrant which was done, and the % aees 50
ton OF the validity OF the arrest VIII be argued at
the date above; District Attorney Sterling, of
Baltimore, for the government and MessrS A. B.
more, for the defendant The question is regarded
as very important one, and excites much interest
In police circles
Political Notes.
The greenback state convention at Lynn. Mass
appointed and selected
district delegates. The platform endorsed the re-
cent decision OF the United states supreme Court
poR<1H ne ~.