The New York herald., 1874-10-28
THE BURGLARY CONSPIRACY.

Crims-Attempted Intimida ton I'm the
Press Reproved by tho Judgs-Im-
portant Testimony by Zerruth.
WASHINGTON, Oct q, 1874
The trial OF Messrx Harrington, williams and
whitley the alleged safe burglars, was resumed
to-day.
Judge Humphreys opened the proceedings oy
referring to the matter OF allowing the Jury 10
view the premises, ana read from the forty-nith
New Hampshire Reports to show under what cir
cumstances jury should be taken out TO view
premises where crime had been committed. The
defendant was entitled to be present, 80 that no
undue advantage might be taken BY outside
parties. The defendant had right 10 have this ev-
dence taken In the same manner and under the
same rules a. all other evidence taken. The Court
would allow the jury to VISIT the scene oil the bur-
glary IN charge or proper officer, surrounded by
the same restrictions as arc thrown around them
In the court room and at some stage OF the pro.
csedmgs wnsn 1t win be convenient TO both prose-
cution and defendant, and would allow the coun-
Sci to arrange the matter to suit themselves and
the Court would direct the lury, at that time.
some ordcer OF the Court to take cnarge OF the
Jury and MI. Paxton was directed to step for
m e oa. as and 10 s
the time might come when the Court might deem
y necessary 70 pu. the Jury entirely n tne care OF
Ems OF THE NEWSPAPERS.
he then directed the oficer to take the jury out
they had retired be addressed the counsei w and and
those present He stated that his determination
was to have fair trial. He denounced the critl-
csms OF several newspapers. whose tendency was
20 prejud!ce the pubic MUD against the proceed
W were intimidssion and might influence acton. on.
aud should be suppressed. II was the same as
contempt Of court There could be no stronger
deprecated such publications before the trial was
over.
The jury were recalled and oscar ID. Madge was
sworn as q witness. He said he was supervisor OF
Aprii; vas acquainted VITA George Garter, Of Bal.
timore; last April say the 2oth, saw Mr.. Carter,
saa IN pad ~ s w
ton, Governor Shepherd and Colonel Howe &C the
Arlington Hotels. witness told these gentlemen
sale had been robbed ia TINS city and That CoIun.
bus Alexander was concerned In the burglary. and
visited one Of the burglars benton, In in
from HIM tnas Ale xander was concerned In it, ana
be lHarringtonJ was engaged ~ making an inves-
.gaiOn o. s1e matter anu nxnG up enan o.
and capable men under his direction who had Of
fered their assistance to aid In ierretng out the
ton was pushing the matter and 1t was not neces-
sary Tor any asslstance; saw carter
from him tn which Carter wrote ns was
mistaken about Alexander.s putting up $1,000,
matter OF settling up with Carter, ana told hm ne
was at liberty to communicate with Alexander or
to Carter and sent word 10 Harrngton i.u Of rs con-
tents; Harrington called to see witness within
thirty minutes, and asked witness 10 secure or
ana ne (Harlngton) would MIN paid Tor It /;
witness declined 10 enter into the negotiation.
Gustav Zirruth was called. eL na
MI. Riddle: May u please the Court, Zrruth
has been indicted IN this case. and would move
Tue Court directed the no, pros. to be entered
with icnabod Sestiesnip; met nim last March.
T. Did you make any arrangement witn him
WHEREBY her you were TO meet MN I'm IN ph.iadelYaia
that such evidence was inadmssible; tnat nothing
could be admitted tnat did not tend to show q
After Mr.. DavidGe had SPOKEN about hair an
Court suggested that the government take up the
evidence from this witness at the other end, and
ASSISTANT 4ssornsy Gsnsrai H said this oues
ton nao to be met, and II might - weu be done
The Court direcIsa Mr. Daviags to proceed with
Il Alter he mad spoken for some time recess was
Mr. Davidge then continued his argument, ana
2t the close submitted tnat the act and declara.
tion OF thiro party, not on oath, cannot be ad.
Mr.. HenIle said before the declarations OF a CO.
consprator can be admitted q foundation must
Court 10 determine when such predicate had been
laid, aud, inasmucn AZ the evidence intended TO
be adduced would necessarily impHcate eacn OF
the parties on trial. he would assert that not one
parlcle OF evidence had 70 lar been laid to con-
meet MS Client Coione! Whitley with any con.
splracy.
they were 10 take the evidence separately. as
bearing against one alone, 70 be associated In
e. 70 81 the On r
tnat the prosecution mRhc Continue Its line OF ex-
animation, ana the Jury must pay atten ton ana
hear the evidence. and separate 1t as against each
General Henkle noted exceptions.
The examination Of Ztrruth was continued by
Mr.. Riddle. Witness met Nettlesnip about the 18th
OF last March at tie Bingham House, in Philadel-
paw before r. Nete,hp assed ws sne
ness 20 write on piece OF paper the WORD 'engl.
neer," and then told witness ne wanted him to go
his expenses, and told witness he (Nettieship5) T5
would meet him 10 Washington In two or three
Washington and stopped at Sproh's restaurant,
on 9 street; inquired Of sproh for De Maine, and
in two days after he met De Maine again
and walked with him to the CapitoI met HIN
@a MN m M 20
third time, and informed DeMainc Of y; witness
had seen Nettleshtp several times In washington
up 70 that tune; witness met Mr.. Parker, Of New.
ARK, at the owen House, when witness met Net
took MIN to see Nettieship; smaller PAID witness
money twice before witness met ButIer--abour
$l5; Shaller Informed witness that ne would
be met oy Butler at certain time, and Shailer
described Butler; witness met Butler az
arranged, and had an interview With him after.
wards ascertalned Butlers real name was Aicasel
Hayes; witness saw Hayes and Nettiesnip every
uay after that witness met De Maine and HAYES
- the Marble Saloon and Witness introduced
Hayes to De Name; met them there BY arrange.
ment, under direction OF NettieshIp; at that
meeting witness heard Hayes tell De Maine he
could get tt trm
THOSE hooks AND PAPERs.
witness did not know what books were re eferred
to-; De Maine told Hayes 1t would be great &C.
commodauon 70 the party; Hayes said he wanted
to see the main party; Hayes and De Maine then
walked away, and were gone about hall an hour;
when tney returned De Maine said 70 Hayes, II
will meet you at that place :" all then separated;
met hayes again In about twenty minutes, and
both went to the National Hotel: met De Maine
there; Hayes and De Maine were together az that
time about half an hour, but witness did not hear
their conversations; Hayes and De Maine went up
the avenue and up Tenth street TO Ale lexander's
house, and witness followed them: they re-