Evening star. [volume] (Washington, D.C.) 1854-1972, 1874-11-05

VIII take bail in the above case in the sum of
sz,to0, and II the district attorney is sat sied
with Dir. Schlittenhart IS bail. he may be taken.
Signed A. b. Olin, with note from Mr. Har-
rtnetOn appended, stating that j. A Osborn
Z. s. commissioner OF New York. csrtlhes that
81 htttenhaTt IL worth SIP 600 In real estate All
Of which he said was in HIS hand xrtting,
Mr. Dayidge inquired why not read the letter
Mr.. Riddle declined to do 50, as it was not
part Of his case.
JCDsE wYLIE rRsrIFTSD
that on the I'D ct august he called at the of &c
OF the district attorney 70 see Mr.. Harrington;
he was not in, and went to his house but did
not ind him there; witness lived at I2a5 Yer
mont aVenuei had not been out or the city this
season
CToss-examIned Learned a. the osfica that
Mr.. Harrington had Just returned TO the CITY.
TESTIMONY OF pEFUTY MARSHAL PHTLLIPs.
u. ". EhatttpS, depatE marsh A., testified IL az
on the evening OF the 22d OF August ,Tudge
Flsher called for him and requested him to
come to the office; witness got into a pheton
was introduced 10 SommerVille, as also 10 the
party who was TO go bail; SOmmervilIe said he
vas prepared to give bail for Benton, and Mr..
H. handed witness the order of Judge OIiu.
stating that they hsd been to .Juigs Olin's.
after witness read the order over and came
over 10 the court room and filled up a release
ana ana went over to the jail for Benton, Judge
Fisher going for Mr. Meigs; by the time W.T.
Ness returned Judge Fisher had arrived with
Mr. Meigs, vino took the recOgnizance.
MR.. L. =. MRIGs, JR., TESTIFIED
r
the bail.
HAYES RECALLED.
Atchdtt Hayes recalled Witness was in iaiI
when Benton was there, and had an Interview
relies Sc.
Mr.. Dsvidge objected, and Mr.. Riddle stated
tnat ne proposed to show that in August last the
government had proposed 70 Benton TO use his
tesumOny or Information through Messrs SOmer-
vile and Hine, and release him on small ball. and
he b. had this under consideration when the
A fan Ia-ru 1T,
= the grand jury meeting, not having been re-
leased as he had anticipated, he stated to this
witness that unless he was released very soon he
wound accept the proposition of the government
ana turn states evidence. He proposed to show
that shortly after this threat Benton was re-
leased.
AT this point a recess was taken.
After Recess
on reassembling the court decided that the
evidence of Hayes as to an interview with Ben
ton could not be received.
Mir. Riddle offered in evidence a letter from
MI. Harrington 10 MIR. Riddle, dated May .,
stating that the counsel for Benton had called
on the m and stated he had proposed to take b.
out on habeas coTpns, and Judge DIN having
been called on expressed his willingness to take
bail in 81 eco. "This amount we thought too
low, and 5000 was finally agreed on. y y
Both Judge Fisher and myself heeitated to
appear in the matter from the fact that Won had
charge of the case; but upon reflection we agreed
that IL would be useless to call you home for the
purpose Of simply fixing the amount OF bail"
MIR: Davidge.-" Where were you at that
time?"
MIR. Riddle.-At North Conway, Vermont,
where telegram could reach me inl < hours"
TESTIMONY OF DR.. JAS. Z. DRxETR.
DT. Jas. T.. DEXTER testified that he knows Mr..
Colby, who left here on Monday morning for
Philadelphia. He was to have stopped in New
York, and 20 go from there TO ST. Louis, aud
thence to San Francisco and China.
Mr.. RIDDLE submitted that he had shown that
MT. Colby's attendance could not be obtained.
Mr.. Davidge said that the object of the gem
tleman was TO introduce copies of the afidaTits
OF Benton and Hayes, and he submitted that
the foundation had not yet been laid for the in
PRODUCTION. He claimed that there WAS better
evidence ebtainabe-a witness before Com
gress and the grand jury had testified TO the at
ndayit tMr. SomerVille), and that he should
have been summoned here, for he may have
copies OF them, or at least notes; he could not
conceive why he had not been summoned tor
the government, unless il was to compel the
defence to summon him and give the govern
ment an opportunity to impeach its own wit
neSses.
Mr.. Riddle then offered to introduce the pa
peTs.
The court refused TO allow the Introduction
OF the papers at this time.