Evening star. [volume] (Washington, D.C.) 1854-1972, 1874-10-29
THE = SAFE RGLARY.
Eighth Days Proceedings Ia the
Criminal Court.
Cross REORGANIZATION of Gustav y.rrutb
Testimony of Michael Hayes.


spirscy in connection with the alleged safe bur
glsry IN the district attorneys Office, Gnstav
Zrruth was on the stand, and his cross exami-
nation was cont med as follows:
Witness identified the b. Ok-the report of the
cOmmIttee-whic ch he had read in Jail, and il
was placed in charge OF the clerk. Nettlsshp
was not particuler which way he went SO he left
Newark. lie received letter from Nettleship
when at home which had been remsiled at
Pontiac. Atthat time witness
WENT By THRHAMB OF w. SHAW
at Ms suggestion; nevelltoId Nettleship that he
lad seen Metzger and Christy. Witness got
about 1900 from Nettleship, some while sell
witch witness in answer to MIR. Davidge said
"Netleship ought to have been sold out long
before. 1t would have been better for many If
he had been" He (N) never did fair piece OF
work and this was
NOT NgTTLEsHIP's FIRsT PUT UP JOB.
When witness last came here he saw Mr.. Rid
die, and it was arranged that he should turn
states evidence. The book was placed In his
hands al e he had been in jail about a week; I;
had talked with Downs frequently; understood
that Downs was making the case up for the
government. Witness did not get any money
from Nettleship when he started to Long Branch,
and Wss
SORRY THAT HR HAD NOT BLED NErTLRsHIP
more than he had. He would have taken mil
lion dollars from him if he could have got 1t. He
received $3.50 from y. to 60 to Canada, but only
went 20 New York.
Witness.-Uf course did. There was no use
to tell him truth, for be is that kind of man
as would believe a lie in preference to the
truth.
At this point $40, Mr.. Davidge asked TO post
pone the further crosse animation until this
morning, and the court ad djourned.
To days Proceedings.
The Court resumed its session at 1Is O'Clock
to-day, but, as on several previous days, the
room did not become crowded until some time
after. After the formal opening Of the court
and the calling of the jury,
MR.. ZIRRUTH RESUMED THE STAND
for cross examination, which vas conducted bv
Dir. Davidge, as follows: Witness lived in New
ton, Sussex county, New jersey, in lse6; was not
arrested with one \. Funk for house burning
was not arrested ON the Sd Of May, 1859, for
burglary. Witness was arrested on the counter
feit bill case in '06 or 81, not in 1863,
WITNESS WAS ARRESTED ON The CHARGE OF
RAPE
on German woman in 1866 or :, but Il was
job put UP by Nettleship. Witness was at that
time keeping soap factory; went to New York
aud collected an amount of money, and gave
some to his wife, who spent the money, and -
ON was returned TO him. Witness explained
tLat the woman by whom he was charged with
rape was arrested by him, and witness tod Net
ueshtp that she had note for 500, and Billy
Guild was sent for and got the note. HI further
explained that the woman was 60 years of age
and he would not touch her with ten foot pole
laughter !, and that after she made the char ge
she acknowledged that it was all a false charge,
and be could bring witnesses to it. [Mr. Dav.
idge.-We will not try the rape case to-day
Nlttleship hired him the same month on which
le was arrested on the - bill. Witness sent
William Metzger to Alexander's house to
give him the information about the matter.
Witness did not know Alexander then; never
saT him until he met him at Mr.. Riddles otfice
a few weeks since; when Demaine and HAYES
vent to AeIander's house witness waited
outside for near half an hour; witness signed
the name of Jacob Miller after having passed
under the name of John Miller here, which he
had d ne at the suggestion of Nettieship; wit
InOuRht IN hat
Demalne was the man who was to get the books;
Guild was not counsel for witness; had no Oc-
aston for counsel; had not stolen anything;
snew from the papers that he was indicted, but
come here as a witness;
s45, 600 WOULD NOT HAVE KEPT HIM AWAY
as much as he liked money; witness was allowed
ueedom-to come out Of jail with a guard
ecause he asked Mr.. Riddle for the privilege
on the ground OF bad health; witness further
detailed
THE ARRANGEMENTS FOR SENDING HIM TO
EUROPE;
witness was to get $1,000 from Nettleship for
himself and his wife $50O-$250 on October lst
and $3.50 on the goth; received the first $3.50
while in jail; when CORY called for him to sail
from Jersey City witness went down to settle
ais bill and asked the woman TO send dispatch
70 the Chief of Police of Jersey City; witness
sfteT he got Of the steamer and returned to New
York
SENT DIsrATCH To CHARLEY BECKER,
detective in Newark; had understood since
that he (B.) worked Oh the case. Understood
since he has been here I'll at Mr. Wilson, Assist
tant Solicitor, employed Becker; witness knew
that Downs was in Newark and in communica-
ton with Becker; saw Downs the night he
started 10 this city, and
CAME ON HERB OF HIS OWN WILL;
was not arrested; left the steamer on the 26th of
September and remained in New York for four
days to keep out of the way until Nettleship
paid the $3.50 due on the lst; (laughter); did not
ieave Nettieship under the impression that he
would sail to Montreal; al no such idea; wit
ness attempted TO communicate with Aieyan-
IA rnl faF IN
Re-direct.-Nettleship asked witness at the
hrst interview If he could
GET TWO SMART MEN TO GO TO wAsHtNGTo,
on this business, and witness, after looking
about, said he could not. Nettleship then said
Never mind, have gOt them"
Mr.. Riddle.-Did you not give the full de-
tails of this affair to one Of the reporters OF the
New York San during the summer?
The defence objected.
The Court said it Wa
DIF FF1CULT TO KEEP NEwsPAPRRs OUT OF
THIS CASE.
With a view OF cOrrObor atiDg witness it n, ght
De asked ii lac had made the same statement 70
other parties.
Exception noted.
Witness had made the same statement 10
OtheTs-to rrp4 ter OF the New York Syn, 70
Mr.. Riadie, in the presence of Charley Becker
and Downs, and a second time to Mr.. Riddle at
the Jail, III the presence OF young man Mr.
PedTickJ VINO took it il shorthand. Witness
did not receive the book lthe report of the CON-
mittee) until tour or five days afterwards.
D.
Michael RdyeS was called. lie is probably 40
or is years of age, about feet inches in
height, gray hair, slightly bald, deep, sunken
gray eyes, black mo1stache, round face, and
was attired in dark coat, vest and pants, white
shirt, gold studs In bosom, aud round his neck
he wore band of red flannel becaus Sc Of an at
fection Oi tho throat
MIR. Riddle asked that n0Els prosequi be en-
tered.
Mr.. HeDkle read first from Greenleaf, sec 37s,
as to receiving the evidence of co-conspira ators,
and submitted that the matter was in the dis
cretton of the court, unless he was principal
in which case he will be excluded. He argued
that the evidence already in connected. Hayes.
NoLLH PROS. ENTERED.
The Court directed that nolLe prosequi be en-
tered on the motion OF the government.
Mr.. Hill then asked that Hayes be sworn as q
witness.
The Court, after reviewing the law. allowed
witness to testify.
TESTIMONY OF MICHAEL HAYES.
Witness resided at 76 Roosevelt street, New
York; had resided there AZ years; know Whit
ley, Nettleship, Cunz, Newcombe well; Apple
gete slightly. witness was In the employ of
Whitley from June to December, 1911; went to
work in January, 1872, and continued until No
vember, 1879 With the exception of four and
balf or five months had been receiving money
from them for services since June, 1911. MIR.
Whitley was chief of the secret service division
Of the Treasury; Nettleship was assistant, and