The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1871-05-19
THE DIAMOND SMUGGLING CASE.
Further Developments hit'ey's Orders 70 His
subor climates Against Commissioner o.
born-Insult TO Q Ma sistrate Be-
cause He u Independent.

The further hearing OF the case or the United
States H. O. Justice. who is charged with hav.
| ing conspired to smuggle diamonds from Engiana
int this country, was resumed yesterday before
Commissioner Osborn. The proceedings have now
| become deeply interesting. The court room was
nearly filed with spectators, the majority OF them
being Operatives Of the Secret Service Depart
ment.
Mr.. Purdy and Mr. De Kay appeared as counsel
| for the government, and Mr. w. f. Klntzing for tue
| defendant.
A. O. BEATTY RECALLED.
This witness. who Is now private detective. aud
| was formerly operative OF the secret Service
| under It's chief. Colonel whitley was recalled
| for further examination for the defence. he
| testined--ln company with Colonel Whit
| ley went TO look for diamonds In Pixies OK
change ONCE. corner OF Broadway and Maiden lanes
found no diamonds during THAT search, but I un-
derstood Colonel Whitley did; arrested the prisoner
In Radclife's Office.
Counsel for the government objected to this limo
of examination. 1t was entirely mmaterial aud I'm
proper.
Mr.. Kintzing-l desire to show that Colonel Whit
ley Instead OF returning the diamonds 10 Radcliffe,
then owner sold thenl and that THIS prOsecutlOa
is conspiracy intended BY Colonel whitley 70 rha
MT Justice Colonel Whitley himself being the prin-
| q After you brought Radcliffe before the Com
missioner did Colonel Whitley issue any order to his
sunordnatoss so, what was the nature OF that
| order
Counsel for the government objected to the ques-
| ton
Mr.. Kintzing-I want to show that Colonel Whit
ley issued an order lorbiddng any OF his subOrdi
mates from coming before you, Mr.. Commissioner
! to him. and that he said ne would rather they
should let prisoner go than that they should take
This rebuke was in reference to the detention OF
Radcliffe In prison longer time before his exam
inatiOn than the commissioner deemed Just or pro-
per, though Whitley sought to explain the matter
away, by stating tnat the detention was caused
very much by Radclifies own request. and also ~
the fact that whitley mad to to Washington at tho
time-all OF which may be true. but did not then
been brought down to the court at any moment BY
one OF Wmtley's subordnates.
q. Did you bring Radcliffe before Commissioner
Q. Now, sir did you receive from the Com
q. After you left tins ONCE and went down stairs
| did not Colonel Whitley issue an order TO you ana
to the OF his subordlnates telling you never
take another prisoner before Commissioner OSBORN,
that II you did you would be dismissed from tho
prisoner and brought HIM here, and found no other
, Commissioner but commissioner Osborn to take
a M H sna e S h
use some vie LANGUAGE and epihets IN reference 70
Counsel for government objected. The question
was wholly immaterial 70 the issue.
Witness-Yes, Colonel Whitley issued that order:
| COmmissloner-The question Is immaterial. do
not care one way or the other what order Colonel
Whitley issued, or what he SAID regarding me.
A. B. Newcomb, an operative Of the Secret Ser.
vice, was next called as witness for the defence.
Iu reply to Mr.. kintzing he testified as fOllOws:-
| tlnk the arrest of Radcliffe was In the month Of
q. Did you receive any diamonds from Colonel
objected to by counsel for government
MT Klntzing said he wanted to c0rrob0rate Beatty
! by this Witness
q. Were you present at the time Mr.. Beatty bought
| diamonds from Colonel Wheyy
objected to by counsel for government, on the
ground that the prisoner was not present at the
a. never knew of any diamonds being sold By
Whitley; saw some diamonds SIN, In the pos
Office OF Mr.. Radcliffe, in Broadway.
81 Did you receive anything from Colonel Whitley
received my salary Qaughter) ana orders aud q
| great many things
objected to by counsel for government
Y. Did you IN the month Of January or February
receive any diamonds from Colonel Whitley
| objected to rs leading
The Commissioner said that II Newcomb would
| swear that Whitley had diamonds which he whit
ley told the witness were Radclifre diamonds he
| would allow the question.
some small diamonds; ! received two diamonds
from Colonel Whitley after the seizure OF the Rad
ellire diamonds; DO not know that those diamonds
q. Did Colonel Whitley tell you where he got these
diamonds iromY A. yes; think he said they were
do not know II Pike is the pawnbroker's name; 10
not recollect anything about that.
am an attorney at 80 Broad street.
z. Did you have in your possession any OF Rad.
cline's Struggled diam0ndsf A. had In my pos
session diamonds belonging to Mr.. Radcliffe; they
were seized and taken from me by ColOnel Whitley;
ne LOOK 6Os caratS, 60 or 81 carats or medium d0-
monds and II pieces OF set diamonds; know Rad
cine was arrested and taken before Commissioner
Q; Did you have an interview with Colonel Whit
| q. Are you the gentleman VINO negotiated the
settlement OF that affair between Colonel Whitley
| and Mr.. Radclnef A. l advanced the money re-
| CURED oy the government.
/ q.
q. Did you make him any promise for his inter-
ference on behalf OF RadcIifYes A. No, sir.
that you gave w,nley, received them back
| z. How much money was paids A. $4,000.
q; Do you know ANYTHING Of diamonds belonging
! to Radcliffe that were pawned with brokerS A.
| No; though must say that have heard something
Crossexamined by counsel for goyernment--Thls
81, 500 was handed to District Attorney Davis
| O. Was there any negotiation with the secretary
| OF the Treasury 10 receive this money as COM
| promise9 A. Yes was shown papers In regard TO
4 purporting TO come from the Secretary OF the
q. Did not Mr. Radcliffe pay the government that
money IN order that he might be aDsolved from pun
| the government; could not tell who drew the petit
| n0n; he told me he had signed one, and advised
petition, but know that bis reasons for asking ior
cemency were that he was young English boy,
unfamiliar with the laws Of America and he claimed
understanding he was let or; desire to say that inc
| diamonds were In my custody, and, on receiving
them back, they were weighed and their weight then
was three-elghts OF n carat more than when they
were turned out to the government.
TESTIMONY OF JAY PIKE.
My place Of business is at ia Broadway; I have
seen Colonel whitley; he wanted to see diamonds
that had been LEFT with me as collatera had very
| little conversation with HIM at the time.
a What was done with those diamonds you hadi
| A. Colonel Whitley came and paid me the money
| that had loaned on them; they were sealed up;
they were opened in my presence; he wanted me %
| open the package, but declined, and then he
| opened them IN my prescncei he counted the dia-
m0nds and paid the money got those diamonds
on receipts Mr.. Esmond came into my office, said
ne had note TO pay, aud wanted me to advance
money he had six carats Of diamonds; advanced
| the money; asked HIM If they were his own dia-
monds, and he said they were
o. Did Colonel Whitley. In CONVERSATION you