Evening star. [volume] (Washington, D.C.) 1854-1972, 1874-10-28
THE - SAFE BURGLAR
seventh Days Proceedings In the
Criminal COurt
Testimony OF Gustav ZIFruth,
ConeIusiou Yesterda,,s Proeeediug.

Conclusion Yesterdays Pr0eeedfugs
TESTIMONY OF ZIKRUTH CONTINUED.
Yesterday when We closed our report OF the
uIal OF Hiram Z. whitley, Richard HsrTiug-
ton and Arthur b. Williams, charged with con
sFiracy in connection with the alleged safe bur
glary I'm the district attorneys Off =, nstav
ZTfuth was on the stand. He continued his
testimony as follows: Met Hayes under the
name OF Butler several times. He came to wit
ness' room first. Afterwards saw him every
day after that except one Sunday; also saw Net
tltsbip daily; saw Hayes ani Demaine At Mar
bic saloon; took Demajne there himself and IN
trOduced him to Hayes; III y were there by his
(wtness) appointment; this bv the direction o.
Nettleship; saw them together three times
afterwards OH that same day; heard convers4 4
ton between them at the Marble Saloon tn lat
Jay; the conversation was about the procuring
OF sC me books and papers; Hayes said he could
get them, and that it would be a great thing tor
the parties; be did not mention the name of Co
Iumbus Alexander until a day or two after
They then lett witness a. the Marble Saloon
and walked down the street by the Marble
Saloon between il and the theatre; witness re-
maIned standing on the sidewalk until they re-
turned back, about half an hour, when he
heard
DBMAINE SAY THAT he WOULD MEET HIM
at that place. They then parted, and he (rit-
ness follOWe Demaine as he wanted to know
what Hayes told him; afterwards returned and
had cOnveTsation with Hayes; this was about
fifteen minutes afterwards; took a walk down
the avenue with him as far as the National
Hotel. Hayes went into a barber shop, and
Dsnaine came up and asked witness
WHERE HIS FRIEND WAS.
T3ld him he was in the hotel. Demaine went
into the hotel, saying he had an appointment to
meet him there. Hayes came Oat OF the barber
shop and asked where Demaine was and fol-
lowed him into the hotel. They re manned in
there half an hour ana came out together and
walked to 9th street and turned up 70 street
and
wZET INTO A HOUSE TOGETHER.
This was Columbus AIaxander's house; waited
for them until he got tired aud left them there.
Did not see them again until the folio wing Man
HAYES morning m Il TnS
ID, name again. Hayes asked witness if ne had
seen Nettleship; told him no; he said he mast be
together all that day until night, when they
went TO the depot ON b street. Hayes wanted
to go alone and wait until the IL O'Clock train
came IN. he train came III some fifteen min
utes after IL.
SAW NETTLRsHIP COME OFF THE TRAIN,
Hayes went up to him, and both jumped in a
coach and went of together, leaving witness
behind. They drove 10 the Oven House, ana
witness followed them on foot about As fast as
the horses Travelled. Afterwards met Hayes and
asked him what il meant about their Tunntag
OF without him. Hayes said Nct,leship did no.
want TO see bin. and wished TO leave town as
soon as possible; that tits was the
BIGGEST tut UP JOB EVER KNOWN IN THIS
COUNTRY;
that if he did not leave they would all 90 10
the peLiteEu2rF together; this was on Mcnday
night, but the day Of the month he could uor
came TO town. Witness told him he was not
ready to go; Hayes said he Cwituess) had better
take his advice and go, saying he (H.J
WAS GOING DOWN TO SOUTH CAROLINA,
or some other place-he mentioned several
places; saw Netteship the following morning
at the Owen House; Hayes was not there; Net
Ieship asked him il he had seen HAYES and II
he had not been told by him 10 leave the CITY;
witness replied that he had; Nettleship asked
why he did lot go; witness told him he was not
ready; Nettleshlp asked what the diff Guilty was
whether he Lad money enough; witness told him
he was short OF money.
NBTTLESHTP GAVE HIM A $50 BILL,
and told him to leave the city by the fret train
witness told him he might or mig ht not 20 that
day. Nettleship told him TO go to his home in
Newark, n. j., and ne (Nettleship) would meet
him there and settle with him; did not see
hayes that day. left that evening for Newark;
met Hayes at Wilmington, on the train when
they went on together; Hayes talked about this
being put up job; witness asked why he did
not go TO South Carolina; Hayes said he was
going TO New York to see party there, but did
say who 1t was; Hayes asked If witness would
leave tie train at Newark, and told him he
tWltness) had better make himself scarce for a
lew months; he had told witness this before;
ne talked freely about the put up Job on Co
lumbus Alexander in Washington; he men
TONED Nettleship and Chief Whitley as the
parties doing it. objection was made to this
evidence as against Whitey, and the court
ruled 1t out, as desired. They parted here
and witness left the cars at Newark.
O'Clock.
days Proceedings.
This morning the court room contained but
o'clock but the room rapidly filled.
zIRRUTH AGAIN RECALLED.
Gustav Zirruth resumed the stand and the
government resumed his examination. He te5-
tined that On the cars going to Newark Hayes
said he would hear more of the case in three OF
four days, what 1t meant, &C.; next saw Nettie-
ship there few days after he (witness) left
Washington at his house in Newark; y. sent af-
ter Linn u come and see him; witness went to
Ms house, and he (N.) said: ''Gus, we will set
tie otf' lfor the work be done;j he got sheet o:
paper and made witness
SIGN THE NAME oFJAooB MILLER,
saying IL would not do TO give his right name;
he signed his name to three papers, secret SER
vice vouchers; they were for $3.50, and y. paid
him 500; y. said he thought everything would
come out all right; the next day went to John
hlng's ofhce-assietant 10 United States attorney
Tor New OeTsey-and they wanted him to Ign
receipt and asked him 20 copy it off; witness did
so and LETT; few days after Nettleship sent for
him ard asked him If he would not like
TO TAKE a TRIP IN THE COUNTRY.
This was about week after the burglary, and
III Nettleship's house.
he defence obiectId to any conversation
being given, and Dir. Davidge claimed that the
court had ruled that statements of parties on
trial
Judge Humphreys explained his ruling.
Mr.. Davldge said that they were about
making departure, and he contended that
they could hot admit the admissions of a CO.
eoDspiTa,Ur after the legged Offense has been
committed against his fellows.
Judge Humphrey yssaid that he would concede
the pOinI, Abd while il il true Nettleship is not
on trial, Hayes is. 1t would not be contended
that the acts OF the party could not be used
against himself. He would not permit the
counsel 10 travel outside, but he would not at
this time rule that the counsel could not pursue
the inquiry.
Br. Dsvidge further argued that there could
not be any ground on which the prosecution
could offer these declarations.
Mr.. Hill, for the government, said they relied
on the principles in 9Th Mclean, 553, In which
The whole transaction was allowed TO be proved.
This Was an analogous case-the act was not
consummated when the safe was blown open,
for
THE CHARGE WAS CONSPIRACY TO pxPAMK
COLUMBUS ALEXANDER,
and they could oftS: evidence as to What tc3S
piece snhseq uentls between the parties.
Judge Humphreys said that the conclusion
to which he had come was after elaboration.
He could not see why the conversation with
Nettleship could not be given with the instruc-
ton of the court TO the jury, that they must re-
ceive this rs applicable to Nettleship unless
afterwards the other parties are connected
Ano he gave the jury such instruction.
The witness resumed and said Nettleship
asked how he would like to take trip out in
the country-out west. He said he
WOULD GIVE HIN $50 PER MONTH
while he was gone and $40 per week for his
fanily, He said that bA fNettIashinN