New-York tribune., 1874-11-06
THE SAFEBURGLARY TRIAL
MORE IMPORTANT EVIDENCE.


OBSERVATION-DISCLOSURES EVIDENCE AGAINST COL
WHITLEY.
WASHINGTON, Nov. 5.-The trial of Harring-
ton Williams, and Whitley. the alleged safe BURGLARS
was resumed in the Criminal Court today
Mr.. Davidge desired to call attention to some
OF the kilograms admitted yesterday. num-
Der of them were written by third par
ties and 1t the understanding OF the counsel for the
defense that such teegrams containing declarations OF
third parties should not 90 admitted, unless connec-
on could be shown between the declarations aod tue
parties to this contest He had however since learned
that they to be admitted at all events, anu he
would now ask the Court II such declarations wcre 10 DO
admitted; was that the ruling OF the Courtf Mr. Hill
explained the position of the Government counsel,
saying that they proposed to admit thcm ana
| then connect them by argument. Judge Hum
phreys SAID he should rule he had often
done before, that this evidence Is competent
DO admitted and tho chain OF evidence did not con-
meet The declarations with the parties to the contest then
would for Daugh and the jury would be Instructed
not TO consider 1t any part OF the case The Judge
said the proposition Of the prosecution Is to connect
these parties with the decarton and cannot tell
whether 1t is done until the evidence Is submit
ted III 1t does then the Court will instruct tho jury
in tic matter as TO protect the defense Mesirs Kid
der aud Hill both declared that they expected to INTRO
duce further evidence to connect the parties writing
these clegrams j. NJ F. Cunz and shaer to the parties
now trial.
George NJ. Hubbard, sworn-Iesdes in New-IIaven,
Conn.,. has charge OF the Office OF the Franklin Tele
graph Company Ia Nag-York, with an oiite at tue
Grand Central Hotel; has charge OF tho delivery OF
kilograms In q certain district OF Now-fork, ana
Beecker-s Ia in that district has with HIM copy OF
telegram sent by Hayes to WAitley in April last but
instructed by the President Of his Company to say
that all the dispatches in their Office aro considered con-
identia The Court Instructed the witness that an
order from this Court bring into court any teleSrams
copies OF toegrans was sufficient protectlon Ior
ingy produced delivered to Whitley and read as io
| lows:
No one here; what shall Co. Aprl7.
Charles White L. pa ing-tcller In tho BANK
this bank aud witness is acquainted with hs nahd,
writing ana signature Two papers we're proauced ana
witness identified one OF them. winch Is as oIl0W'
TB wnnAas NY.Y York: Do you think Smith is u NevYOIA
Wines could not Say other paper was IN III .rrng-
Sns %Tus OF A. b. Williams nd snrse totssa%s
as in his .. Smith a.,uc hard to
70 Harrington washnsioa April 81 Smith not in the city, re-
Leonard whitney was recalled. witness was shown
ed copy OF message which nad psSaa oS through
BY Mr.. Riddlc-WhO WAS the sendcrf
Mr. Riidle-iiow came you to hand it to Hlrringtoni
Miness-IaIrngton callei for the te!eSranls whicn
he had from this Office and they were iurhlsheu
him the % OF september; wnen the teegram3 were
returned tito original OF this message was missng
A. Wa and Mr.. Harrington called at the once To
examine dispatches and witness was present after
Williams and Harrington had left the once withess
counted up the nessa and found tue original OI tns
ono missing and had not seen IL since.
Mr. Harrington asked permission 10 que3tioh Tue VIII
ness. Witness remembered tao day on winch HdrlnS-
ton called at the Office and asked for his dispatches
directed his clerk to pek oit such dispatches
and when they were selected witness examined them
witness aud his bookkeeper we're present wnen Harrns
und WllIlas calied ~ inc oce u eAa"o 'no oi"
O C,ald either Mr. Harrington or Mr.. Williams do
yvl tlnui, have taken away OF those dispatches
without .Ie aI0wlci-o u youfse or your poOhhctprf
Mr.. RIidia ODcc,ed ahd the question was chaneeu.
Witness exlaiI,d mat the ds,Idchis we're ntauuu t
sngy TO ualrngton, and ne, after examining them,
handed them Wn.tns. wno id tnom over Oh taOio
By Hlrrington's counse-Q. Was Mr. Harrington ever
informed OF these dispatches was missing A.
No h,s aaiyer trecaleD explained of the modes
OF copying aud identiiyias dispatches Ill Tue Ne"-horA
Mr. BidIe presented ald read the order OF Hirrin g
ton th,t all be aiken in the OF BENTON Tue dpcu
ment was in Harrlngton's handwriting and was signed
Richard Harrington, Assistant DlNrlct-AttoFuey vi
Washington. ID. c." and was dated Aug 2 l'H.
Judge Wy.ie sworn: witness was IL Washington,
Aug 81 aud ~ last called at the once oi Hirrihgoh IL
the forenoon the 22 Judge Fisher, bus did not
find Harru gtou aud made inquiry him as ne wished
to business VIA anu "eht 10 iIIfins
the city, bat was down town spmownere witness was
quite 10 see Harrington ahd hau pceh iof sew
q Deputy Marshal :phillips sworn-Was present when
bail offered for Benton; called at the once ana Went
with Judge Fisher t. Harringtons house; was ihtro-
duccd to sir. Soieryille also saw the pat VINO pro-
posed to 20 Dai Harrington showed witness ths oraer
nf J1dsr Oin taxing ball. aud witness asked Judge
Fisher If he saLlsnod with the amount VI pdii ;
harrington tCld wtEeSs Et jug, g., o ~ s Iouse nSa
about eight miles distant, III h0ht|Onery COUNTY; Tue
bail accepted aud Witness made out ah ordcr or
BeuluuS release.
Cross-exanIned by Mr. Dlviige-is Il not the prac-
tce of Judge Fisher aud Mr. Harrington 10 20 on, oi
their way and take bail IN this mannoff Wl1neSs-No,
Sir; not 10 my kuOWledgc. - a..
X. j. MeiSs,jg sw9ru-ls Dopaty CLERK OF the court
was presenl when Benton Wa, released aud look ine
oenz OF the bondsnen tnhAs IL Is unusual "
take bail In this manner out OF the court.
Michael Hayes recalicd-Wtness WAS In Jail when
Benton there, aud few days previous 10 Benohs
release, which took place Aug 2i Benton made state
mcnt to witness.
Tue de ense objected TO any such statement being re-
peated. Mr. Rdu.c said the Government had submitted
proposltion to Benton TO release nun on o. Siia IAN
amount oi ball If ne would MAKE statement oI tue
Affair." Benton mad this proposton nnd;r CONSIDERATION
when counsel were called away to tile Vest few days
previous To the assembling OF the Grand Jnry Benton
had not been released Irom jail as ne nid anticipated
aud he stated TO ths witness. VINO was then III JAIL nat
unless he released very soon he would accept the
proposition OF the Government and turn STATES eV-
dence anu they propose tlat shortly after this
threat Benton was released Tney now desirou W prove
that this conversation took place :.
The Court at this stage VI tue proceedinHs took re-
AFTERNOON SESSION
The Judge decided that the testimony sought to be in
troduced by the witness Hayes concerning the state
ment of Benton in Jail was not admissible
Mr.. Riddle submitted letter written by Harrington,
dated Aug 1 stating the grounds on which Benton was
released, addressed to Mr. Ride in North Conway. NJ
H. where telegram would have reached him In an hour
and a half. 49, -
DR.. j. E. Dexter, sworn-Is acquainted with Mr.
Colby; Colby left here Monday for the Wlndsor
House, New York; witness understood that Colby was
to 20 from NewYork to st. LOUIS and from there 70 san
Francisco, from whence he would sail for Cnlna VIII
gave Colby's address to Mr. Riddle last night;
Mr.. Riddle submitted Dispatch which he said was
forwarded TO the Windsor HOUSE last night Tor Colby
directing him appear before the court IL" also SUB
mtted reply which had received informing him
that Colby had left Windsor House and that the first
dispatch WAS not delivered
Mr.. Davdgs inquired why this evidence was intro
duced.