Evening star. [volume] (Washington, D.C.) 1854-1972, 1874-11-09
THE SAFE BURGLARY
Seventeenth Days Proceedings in re Criminal Court
The Reputation and ceraeity of cir
ruth al ISSUE.


RUIN a. 2ssue.
ConeIusion satu' days Proceedings.
Saturday, after We, closed tn. SrAR report
of the trial of Hire N n Whitley. Richsrd Har-
Ilngton, and Ar nur B. williams, charged with
conspiracy IN Jonnection with the alleged safe
iss III lie district attorneys Office, the fol-
ioH ~ tes Smony Was taken.
<pPte9Gte, after recess, took the stand,
anu Jder cross- examination, stated Col. WIS
no" 1ments Of the evening OF April 9Th; did not
re fember seeing Nettleship about this time.
By Mfr. Henkle:-A paper was presented TO
winners, who stated that he first saw il In Col.
Whitely's Office in Boston in the latter part Jf
July.
MT. Riddle took the paper, and after exrmin-
ing II, objected 10 Its admission.
AFTER the court had examined the paper, Mr..
Henkle stated that the offer was to show that
POUND THE PAPER IN THE wAsrR-BAsKEr,
and on the information thereby obtained, he
CWl sent Newcom6e TO Canada for Hayes. The
Z. 4. Freelaad testified that he is a clerk in
the New York custom house; knows Whitley,
snd on the evening of April 9Th went 10 the
ONCE No. So Blocker street to see W., but he
was lot there; saw Cum.
Mr.. Riddle objected 70 this course of exami-
nation for the purpose OF proving an alibi
The Court said the witness might be asked if
there or not.
Witness continued, saying he did not see COL
W. then; looked about the Office for him. for he
was anxious 10 see him; after remaining there
half an ho1r witness returned at I o'aioek, and
remained until 9k. His object was to
PRuCURE a SMALL LOAN or MONEY;
recolleets the date from the fact that he Dor
ToWed some money from CUM, and kept an az
BY the Court.-Saw Col. W. the next day.
about O'Clock, in his Office; no one could have
entered Whitley's office.
Cross examined by Mr.. Ridile.-wituess is
not relation Of Whitley; is connected by mar
risge,
HAVING MARRIED A SISTER CT wHITLEY's
WIFE;
was an emplOye of the secret service in 1871, for
short time, under Apologize, and also for
Few months in the summer OF 1872. Col. ".
aided him in getting in the custom house; did
smoke cigar and converse with CUM; saw no
one else except, perhaps Uncle Pete, the JAM
tor does not know Michael Hayes.
To-day's Proceedings.
The Court met TO day at noon, when there
were quite large number OF spectators pres
ent. The defence called
John Whitehead, who was sworn: Witness re-
SIDES IN Essex county, New Jersey, i've miles
from Newark; previously resided at Morris
town, i : miles from Newark; was a counsellor
at-law since 1910; has been a United States
Commissioner, having been
APPOINTED By PRESIDENT PIERCE;
knows Zirruth, who Was brought before wit
ness for passing counterfeit money; his reputa-
ton for truth Is bad.
Oss-examined:-Don't know what became
of the case; did not know that Netteship re-
ceived S1.1OO for hushing the case up.
Mr.. Riddle.-Nettleship was arrested and
brought before you?
Nitness.-Yes, sir.
Mr.. R-YOu regarded this offence conspiracy;
as hight offence, ana only required : 900 bail
Mr.. Davidge objected.
witness.-United States Attorney Keasbv
was present at the time and expressed himself
a. satisfied.
The Court ruled as a general principle that
the question should be confined TO general repu-
tstiOn.
Ear. Hill submitted that twas competent to
show whether or not the witness was an inter
ested one, by showing the witness relations 10
Nettleship, one of the parties charged.
The Court read from Greenleaf as to the i'm
parchment OF witnesses, and ruled out what the
witness lad TESTIFIED as 70 particular matters.
Witness resumed:-KnOTs that Zirruth was
in Netteship's service four or five years ago. has
heard several psrties-Mr. Guild, G. b. Beiden,
McCarter, and Others-spesk OF his reputation;
thinks that he first met Zirruth in 1868; officers
OF the government had come TO him and lated
that they could not risk case because Zirruth
was the main witness, and
HIS CHARACTER WAS BAD;
Nettleship was one of the parties; il was in
measure left to him to fix the bail in \ ettle-
ships case. Witness asked TO make an explana-
ton, and said that Nettleship was brought
before witness by Mr.. Downs. and he (witnsss)
refused to take bail until Mr.. Keasby was sent
for and he came. The question of bail came up;
witness stated what he thou ght the bail shouid
be, regarding the case as q misdemeanOr and
not felony. THE Court here cautioned wit
ness not to make an argument.l Witness fixed
the bail al 81 900, and submitted TO Mr.. Keasby
whether or not il was sufficient. Witness does
not remember that Mr.. Downs found Nettieship
in his office.
Re-direct:-witness identified Zirruth, who
was sitting beside Mr.. Hill.
Ernst Fisher, sworn.-Witness resides al
Newark, n. j.,
IL DETECTIVE OFFICER,
mas known Zuruth for 10 or Is years, his (Zs)
character Is not very good; would not believe
him on oath in his business.
CTOse-eXemined:-Never had any ficultv
with Zirruth, arrested him twice, once for bur-
glsry and once for fraud. The burglary case
was quashed. Witness was never arrested; not
for stealing pair of gaiter shoes. Could not saw
IL ZirTuth went up TO Newton in '69 and made
an affidavit. Had heard all the Newton people
say that
THEY WOULD NOT BELIEVE zIRRUrH.
Had heard Chief of Police Clark say the same:
also Mr.. Rogers. Witness looked on Zirruth as
friend OF his, he had good many friends
whom he would not believe under oath, Had
heard his (Z's) character discussed.
IN THE SALOONS OF NEWARK
since TINS case has been up; several parties came
on here from Newark; witness was not called
on 70 arrest Nettleship, nor was any Of the force
as be knew of.
Redirect Witness pointed out Zirruth.
The Court here said that after the question TO
al lmpeaching witness II he knew the general
reputation of the witness sought to be i'm
Pesehed, the next question would be what is
tnst reputation, and he would exclude the
on oath.
Jacob WamBoTd sworn.-witness is detective
ofhceT; bad been chief of the police of Newark;
knows Zirruth's reputation for veracity, which
is bad.
Cross examined:-witness has heard numbers
SPEAK OF Z.'s chaIaeter-a man named Horny
among the rest.
James DriSc0H, sworn.-Witness resides in New
YORK; knows Mike Hayes; has heard people
speak against Hayes.
ross-examined:-NeTer knew where Hayes
resided.
jeremiah N1toTTey--Witness has resided
tWenty-six years in New York; has been a DO
ice officer for thirteen years, in the fourth
ward;
KNOWS MIKE HAYES;
recognized him IL court; his reputation is bad.
ss-eNamined:-WItness heard Sergeant
Blair speak OF Hayes reputation as bad since
tins case came up; alsO heard man named John
Wild, formerly of the police. Witness was re-
quested by Capt. Uuman to inquire about
Hayes. Witness knows Steinberg; had a con-
Versaton with him about Hayes. UIIman told
witness that Col. Whitley wanted to find out
about Hayes; witness went up to see whitley at
the request of Cllman, and told ". that from
the information he had received HAYES could he
uSedfOr any purpose, and would not be believed
Whitley said, very good. Witness saw Stein
berg before this.
Capt. Charles JIlmGn sworn.-Witness has been
connected with the New York police for rs
years has been captain for 10 years; knows
Nike Hayes, pointed him out;) people say his
reputation is bad.