The New York herald., 1874-11-06
THE SAFE BURGLARY TRIAL.

Partios-The Search for . Missing
Telcgram-How tho Release OF Benton
was Brought AbOut-An Important
witness on for Chins-WhO Inctted
tho Burglsrys
WASHINGTON, D. g., Nov. s, 1874.
The trial OF Harrington. Williams and Whitley,
the alleged safe burglars, was resumed In tho
Criminal Court to-day. Mr.. Davidge desired TO
call attention to some OF the kilograms admitted
yesterday, and asked what was the ruling OF tne
Court concerning those containing the declaration
OF third parties.
Judge Humphreys said he should rule. as ne
had often done before, that this evidence Is COM
petent to be admitted, and II the chain OF EVIL
dcnce did not connect the declarations with the
parties to this contest then IL Would go ioF
naught, and the jury would be instructed nos 20
consider Il as any part OF the case. the Judge
said the proposition Of the prosecution is TO con-
meet these parties with the declarations, ana We
cannot tell whether 1t Is done or not until the
evidence is admitted II IL does not then the
Court will instruct the jury In the matter SO as 70
properly protect the deence.
Messrs Riddle and Hill both declared they ex-
pected to introduce further evidence to connect
the parties writing these telegrams-J. N. f.,
Cunz and Snaher-to the parties now on trial.
George n. Hubbard sw0rn-Resides In New
Haven, Conn.,; has charge OF the ONCE OF the
Franklin Telegraph Company IN New York, with
an once at the Grand Central Hotel; has charge
OF the delivery OF teleRramS IN certain district
OF New York, and No. SO BleecKer street s In that
district has with him copy OF telegram sent
by Hayes to Whitley In April last but Is instructed
sDstcSes in their once are Considered confidential
The Court instructed the witness that an order
from this Court to bring into Court any kilograms
or copies OF kilograms was sufflcient protection
for producing such documents. The telegram was
accordingly produced, as delivered TO Whitley,
and read as fOllows:-
No one here. What shall DO,
Charles White, sworn-Is paying teller in the
Bank OF Washington, In this city; harrington de-
pOsts with this bank and witness is acquainted
with his handwriting and signature.
TWO papers were produced aud witness lQentl-
fed one OF them, which Is as Iollows:-
A. B. WILLIAMS, New York DO you think smith is in
Nc" York; Expect telegram from me SxhfENoros
witness could not say the other paper was In
With With the the 'S HANDWRITING Of <. B. Williams and den
titled three kilograms as IN his handwriting, as
fOll0wS:-
To R. HARnIrcroS. Washington Smith lodging; hard
to get viii try again tomorrow ~ ..uxcrov Arr; >,
To HARRIscros-smith is not in the city. return to-
Leonard whitney was recalled-Wtness was
shown repeated copy OF message which had
passed through his office. The original was handed
BY Mr.. Rlddle-who was the senders
Witness-Mr. Harrington.
Witness-Harrington called for the kilograms
furnished him on the 20th September; when the
kilograms were returned the original OF this mes
Sasn found this one missing sins Mr.. A. B. Wliiams and
Mr. Harrington called at the ONCE to examine the
and witness was p after w
counted up the messages and found the original
OF this one missing. and had not seen 1t since.
Mr. Harrington asked PERMISSION TO question
witness
spstcnes; witness directed mis- clerk TO pick out
such dispatches, and when they were selected wit
ness examined them; witness and his oookkeeper
were present when Harrington and Williams
called at the ONCE 10 examine the dispatches.
@ Could either Mr.. Harrington or Mr.. Williams,
spatches without the knowledge Of yourself or
Mr.. Riadle objected. and the question was
witness explained that the dispatches were
handed sngly to Harrington, and ne. after exam.
lining them handed them to Williams, who lald
them over on table or desk.
BY Harrington's counse-Was Mr.. Harrington
ever notified that one Of these dispatches was
nlss'Se' a. NJ, sir.
Mr.. snirler recaIIed, explained some o. the
the New York ONCE. r~A
Mr.. Riddle presented and read the order OF
Harrington directing that ball be taken IN the
case OF Benton. The document was in Harring-
toms handwriting, and was signed "Richard Har-
ton, D. c." and was dated August 81, 1874.
Deputy Marshal Phillips sworn-Was present
once ana went with Judge Fisher to Harm gtons
house; was introduced to Mr.. S0mervllle; also
saw the party who proposed to go bail; barring
ton showed witness the order or Judge DIN for
taking bail, and witness asked Judge Fisher n he
was satisfied with the amount OF bail; Harrlng-
ton told witness Judge Ohn's order had been pro-
cured that day from Judge DIN, at his house,
about eight miles distant, IN MONTGOMERY county;
the bail was accepted, and witness wrote out an
0ross.examinea By Mr.. Dayidge1Is It not the
goOut OF their way and take bail in this manner?
Witness-No, sir; not to my knowledge.
X. J. Megs, Jr., sworn-ls deputy clerk OF the
and took the recognizance OF the bondsmen ;
thinks 1t s unusual to take ball IN this manner
Michael Hayes recalled witness was in Jail
to Benton's release, which took place August q,
Benton made statement TO witness
being reported. Mr.. Riddle said the government
had submitted a proposition to Benton to release
him a small amount OF bail, II he would make a
statement OF the affair." Benton hao this prop0-
slon under co1sideration ratio when counsel were
the assembling OF the Grand Jury. Benton had
not been released from jail as he had Anticipated,
and he stated to this witness, who was then in
! Jail, that unless he was released very soon he
would accept Of the proposition OF the govern
pose to show that shortly alter this threat Benton
was released. They now desired to prove that
this conversation took place.
| The Court at this Stage OF the proceedings took
recess.
Afternoon Session.
The Judge decided the testimony tonight sought
to be introduced by the witness Hayes concerning
the statement OF Benton In jail not admissible
Mr. Riddle submitted letter written by Har.
ringt0n dated August 15 stating the grounds on
which Benton was released, addressed TO Mr.,
Riddle In North Conway, N. H., when telegram
would have reached him in an hour and haf
DR.. J. +. Dexter, sworn, testlned-Is acquainted
with Mr. Colby; Colby left here on Monday ior the
Windsor House, New York; witness understood
Colby was TO go from New York to st. Louis and
from there to san Francisco, CAL, from whence he
would sail for China; witness gave Coby's address
to Mr.. Riddle last night.
Mr. Riddle submitted q despatch which he said
was forwarded to the Windsor House last nighr
| for Colby, directing him to appear before The
Court. be also submitted reply which had been
received informing him that Colby had left the
Windsor Hanse and Thar tho fret daa tIah