National Republican. (Washington City (D.C.)) 1872-1888, 1874-11-07

sented himself at the office Of Mr.. Harrington in
| behalf Of Benton, desiring, as lawyers do always
desire when they have a fellow that has got into
/ scrape to get him out and to let the Government,
or to induce the Government to take mercy upon
him, under the allegation that there is some
\ other criminal, deeper in dye and more stained
with guilt, who may be convicted by his testimony
| Somerville went TO the office and played upon
| the sympathies Of my young friend, who was
/ then Invested with the power OF the District
Attorney IN oIGer 70 noGce 5a 70 e ReT;o
| as a witness to ind and convict the burglar;
stating that Benton would make statement.
| Mr.. Harrington declined TO receive any state
| ment OF Mr.. SOmerTille, or Of Benton, in relation
| to the transaction unless It should first be in
writing. Mr.. Somerville procured the statement
Of Benton in writing and brought 1t to Mr.. Har-
| rington, and he declined to look at or have any
thing to do with it unless it was sworn to; upon
which Mr.. Somerville, being there and stranger,
| in the interest Of his client, Mr.. William NJ.
Evans, kindly undertook and went for q notary,
son, and in company with Mr.. johnson went to
| the Jail. He returned to the ONCE OF Mr.. Har-
| rington, bringing with him the afhdavit or state
! menI of Benton, in Writing-sWOrn TO. Mr. Har-
| rington still declined to act upon it. He declined
/ TO admit Mr.. Benton to any favor until and IN
less Mr.. SOmerVille would corrObOrate that state
! ment; and especially until, and unless he would
| produce, as he said he thought he could in New
| York, this man who was then known by the
] name Of Butler. So ended that interview, with
/ the exception, as understand, that Somerville
! left the statement, the sworn afidaVit, in the
| hands Of Mr.. Harrington, under the pledge by
| him, which any honorable man in the exercise Of
the office would have given, that If no benefit was
| derived to Benton by being admitted to the
mercy OF the Government upon the hnding OF
| Butler, that then that affidavit should not be
used to the prejudice Of Benton; and suose-
| Quently, as YOU have learned, the affdavitt was
| returned to Mr.. Somerville and sent to the COM
| mittee. Mr. Somerville then left. We come to
! another charge which my learned friends make
| in order to maintain the issue which is made on
| their part. That is, gentlemen, the visit Of my
friend Harrington to Philadelphia to meet Mr..
| Somerville at the Continental
We will show to you that when Mr.. Summerville
left the city Of Washington, he left it to go to
/ New York, to hunt this man Butler, who was
| true name Of Mike Hayes had not then been dis
| covered-in one Of the many protean forms under
was then known only as Butler, the thief and
| afterwards developed into the name and chGrac-
| ter Of Mike Hayes, 1.-THE informer." Soon after
SlmmerYille got to New HOrk-On what day l do
not now recoIlect, the day is immaterial-you will
remember to what refer.
Mr., Riddle-The 9Th Of May.
Mr.. Smithers-In pursuance Of the understand
ing between Mr.. Summerville and Mr.. Harring-
ton here before SummerVille left Mr.. Harrington
being DESTROYS Of discovering this man Butler,
and Summerville being exceedingly DESTROYS to
discover him, because as he was informed by Mr..
Harrington, unless he could give that man to
corrobOrate the testimony Of this man, he would
not have anything to do With the afIidavit of
Benton. SGmmeTyille made an arrangement
that if at any time he should receive information
concerning Butler, that he would meet Mr.. Har-
ringtOn in Philadelphia; but being incOnVenient
for Mr.. Harrington 10 20 so far as New York, and
for Mr.. SummerYille to go SO far as washington,
they agreed that they would meet one another
at Philadelphia, where they could go and return
in limited time, Ar. Harrington being then
confined by his duties before the committee, and
Mr.. SummerYille not being DESTROYS to leave his
ONCE in New York for any longer time than was
At this time MI Harrington received a tele-
gram from Mr.. SOmerYille-the telegram which
is here, l believe, put in evidence-gtving him
information that he would be at the Continental
hotel that night at II o'clock. Having had the
arrangement made between them in relation to
the day of the visit, Mr.. Harrington consulted as
I understand, two gentlemen-Judge Fisher and
John +. Ennis. He submitted to them the tele-
gram, showed them and explained to them what
It was, explained to them his purpose, and they
cOncurred with him, and after communicating
with them he went or started To- Philadelphia.
On the route he saw Mr.. Madge; Mr.. Madge and
he fell into some conversation on the cars, in
which conversation Mr.. Harrington informed Mr..
Madge that he was going to Philadelphia; that
70 see HIS brother Samuel, and that he would get
of at Wilmington and take the evening train,
the next train, for Philadelphia-there being
about hour or an hour and half between
trains in Wilmington-and that upon the next
train he would probably go to Philadelphia-on
the next train, which was an hour and half
afterward.
When Mr.. Harrington got to Wilmington, at
the depot he jumped out and inquired for SAM"
At that point gentlemen, we were little doubt
ful whether there was not another conspiratOr to
be brought into this case. His brothers name is
Samuel, and, familiarity using the household
phrase, he jumped out at the depot and inquired
Of the persons there whether "Sam" was there.
Upon being informed that he was not, he imme-
ulatelY jumped on the rear emu OF the tram, anu
placing himself in another car from that in which
he had before been located-Nr. Madge being in
the New York car that he had previously Occu-
pied Mr.. Harrington getting into the rear car,
which was the Philadelphia car-the New York
car Just before you get TO Philadelphia parting
and coins around through station In West Phil
adelphia and the Philadelphiacars going straight
on to the depot at Broad and Prime-so that, not
Withstanding they were in the same train, they
were in different cars, and Mr.. Madge not expect
ing him, having been informed by him that he
going to stop in Wilmington, when Madge
got to the Continental Harrington was there.
They went by different routes though on the
same train-the train, as it reached Philadelphia,
parting, and one going around by the arsenal
going to West Philadelphia, and stopping on the
outside there, while the other train proceeded d.
rectly down to Washington street, stopping at
Broad and Prime. When, therefore. they got in
Philadelphia the trains parted. Madge went this
way and Harrington the other; and Nadge,
knowing that Harrington intended to get of at
Wilmington, and not seeing him get on again. was
surprised, and expressed his surprise, when he
saw him at the Continental. This is Just a plain
narrative, which strips il of all pretence that
there was any design on the part of Harrington
to eeeive Madge or throw him of the track.
Again, still further, Mr.. Harrington went to
the Continental he there fell IN company, be-
lieve, with Mr. Halett KilbOurn and some other
friends. He and Mr.. Hallett Kilbourn with
party went that night to the theatre together
Madge himself was there l believe. Madge,
Mir. Kilbourn and some other gentlemen. with
Harrington, went to the theatre. While there
Mr.. Harrington informed the party that he had
which might occupy him for some time, and he
left before the theatre was out and left those gen.
tlemen there. He immediately proceeded to the
Continental hotel TO keep his engagement with
Mr.. SOmerville; and when he and SOmerville
met SOmeryille informed him that although at
the time he telegraphed him, at the moment he
expected to have specific information in relation
to Butler, yet that he had none which he could
communicate to him. Harrington with that two
minute. and-a-half conversation, pulled out his
watch and saw that he had time TO reach the
train back. He Immediately jumped in that
train and proceeded directly TO Washington.
Not seeing SomeTville for the space Of three min
Utes, and he had so little time that he was una
Bile to stop at the office TO pay the bill, and when
he returned to Washington he telegraphed baek
to Mr.. Hallett KilbOurn, who was there, to be
good enough 10 pay his bill for him; which Mr..
kilbOurn did. That is the reason why 1t is
charged and why Mr.. Hallett KilbOurn paid it.
That Mr.. Harrington being in hurry to return,
returned immediately, not seeing Mr.. SOmer-
vile three minutes, returning on the next train,
telegraphed to Hallett KilbOuTn to pay, and
upon his return, inasmuch as Mr.. Ennis and
Jndge Fisher had been apprised OF the purpose
for which he went, he. informed hr. Ennis that
his visit was fruitless one.
There is, then, another-and the next specific
charge, as understand, put in on the part Of the
Government, in and by which they attempt to i'm
plicate my young friend in this most nefariOus
transaction That grows out Of the fact of the re-
lease Of Benton on bail. feel, gentlemen, that
it IS most unnecessary for me to say anything in
relation 10 that matter after calling your atten-
ton TO the testimony Of Judge Olin. We expect,
however, to have additional testimony in relation
10 the matter, ana expect the OF
friend, the District Attorney, under whose direct
supervision it was taken, who expressed himself
as perfectly satisfied with it,
Now, that happened just in this wise: Every
man. gentlemen, is entitled to bail. 1t is awarded
TO them by the law, under
The Court. That is not question for the
jury.
under these circumstances: Mr.. SOmerVille,
being DESTROYS Of obtaining bail for his client,
camefTom the city Of New York, bringing to Judge
DIN a letter Of Introduction from Mr.. John o.
-Iott, who was the mutual frisnd:Of Judge Olin
aud Mr.. SOmerville. Mr.. SomerEile, having
that letter Of introduction to Judge Olin, natu-
rally, and say, gentlemen, necessarily, put
himself in Communication with him, for he bore
to the Justice letter Of credit. DESTROYS Of Sc
curing much benefit as possible for his client,
he called upon Judge Olin with this letter Of Mr..
Mott. Hr. Harrington was there in his capacity
Of District Attorney. Mr.. Someryille desired to
make the bail $500.
Mr.. Davidge. Judge Olin is mistaken.
Mr.. Smithers. $1,000; Judge Olin says $3.50.
My learned brother says he is mistaken. We
will prove what the fact was. Less bail than
that-tl 600. Mr.. Harrington insisted il was too
low, and acting in the capacity Of district attor-
ney, in regulating the bail or in expressing an
opinion as to what it ought TO be, he insisted that
bail should be s., 500. Judge Olin compromised
the matter by admitting him, by giving him
an order to admit him, for 5000, provided the
security was good. They came back; the matter