National Republican., 1876-10-02
THE SAFE BURGLARY.sIH
TCoptinued from Fir,t Pace, I

a party to the alleged conspiracy of the 14th
of April, 1874, be Is entitled to verdict Of
acquittal. Anything done in the discharge of
his professional duty cannot be taken as evil
dence of guilty knowledge of the original con-
spiracy.
8. Even if it was
A PART OF TIE ORIGINAL CONSPIRACY
that Benton should be sent to jail and should
coon after be discharged on bail or otherwise,
end that this fact was told to Sommerville by
bis client or otherwise, still, If Sommerville
continued 10 prosecute his employment to get
Benton out of jail in professional way, this
fact cannot implicate him in the conspiracy,
and If be regarded the corroborating affidavit
Of Hays as useful and important in getting
Benton out of jail, he had a lawful right to
procure such affidavit, and the act of procur-
ing such affidavit cannot be taken to implicate
him in.tbe original conspiracy charged In the
instrument. This affidavit was a proper in
strument 10 aid him in his professional duty,
and he cannot be held accountable here for its
truth or falsty.
4. The crimes of conspiracy and burglary
are bailable offenses, and Benton, If in jail
charged with an offense bailable according to
law, had right to the assistance of counsel,
and his counsel had right to procure his re-
lease on bail, without in any way connecting
himself with the crime of which his client
stoCd charged. Before you can find Sommer-
vile guilty of the crime charged in the indict-
nent, you must be satisfied, from proofs, that
he knowingly and willfully became party to
the original conspiracy charged in the indict-
ment while it was still living conspiracy with
the wicked intention of carrying 1t into execu-
tion. If the conduct of Sommeryille was con-
sistent with innocence, he must be acquitted.
All of these instructions were granted.
District Attorney Wells presented
THE FOLLOWING FOR THE GOVERNMENT:
1. In order to discover the existence of a
conspiracy, and who are the parties to 1t, 1t is
proper to trace all the parties, their acts and
motives, and also the steps in the progress of
the things done; and 1t Is from all those cir
cumstances of the criminal, or series of crimi-
nal acts and conduct, that we are enabled to
determine that the things done were the re-
suit of a concerted action of the several par
ties participating in them.
2. The actual fact of conspiracy may be in
ferred from circumstances, and the meetings
and corcurring conduct of defendants need not
be proved. Any concurrence of action on
more material point is sufficient to enable the
jury to presume concurrence of action.
3. When one enters into q conspiracy he is
chargeable with and responsible for all that
has been done before or that may afterwards
be done by any of the conspirators in further
ance of the common purpose, andiit is imma-
terial at what period of time in its progress
HE ENTERS THE CONSPIRACY.
4. If the jury believe from the evidence that
the defendant, Babcock, sent Whitley to Har-
rington and told him that Harrington would
tell him what to do, with the intention that
Whitley and the men of the secret service
should co operate with Harrington or act
under his direction in doing the acts charged
in the indictment,
THIN HE IS RESPONSIBLE
for all that was subsequently done by Har-
riDgtou, Whitley and the other conspirators
in the progress of the conspiracy.
5. If the jury believe from the evidence that
the defendant, Babcock, had been informed by
Harrington of the progress of the conspiracy
as carried on by Whitley and Harrington and
others at any time during its progress, and
that Whitley afterward asked Babcock how it
was getting along, and that Babcock expressed
his satisfaction with what had been done, then
he was responsible for all that was done by
Harrington and Whitley and their co-conspira-
tors in furt herance Of their common design.
6. The jury may find one of tie defendants
guilty and the other not guilty or both defend
ants not guilty.
These prayers were allowed with explana-
tion.
His Honor began delivering his
CHARGE TO THE JURY
at sos O'Clock and finished at 3:55 O'Clock,
when the Indictment was handed to the fore
man and the twelve men retired to their room
to deliberate and make up their verdict. For
a few minutes the audience remained, seeming
loathe to depart, and inclined to the belief
that the jury would quickly return, as there
was little matter for them to consider upon,
and the evidence did not weigh against the ac-
cused sufficiently to warrant a conviction. As
the minutes passed and they failed to appear,
many men thought that they had hung on a
disagreement, and a verdict being impossible
they left the courtroom. Others were more
sanguine of decision favorable to the defend
ants, and as the time passed on friends of both
parties assembled within the bar. Among the
audience we noticed Ex-Governor A. r. Shep-
herd, Levi P. Lucky, Ulysses Grant, jr., Col.
Amos Webster, Simon Wolf, and others whose
names cannot now be recalled. Time passed
on and became monotonous In the hands Of the
walters and watchers until $50 O'Clock, when
a stir was created that the jury had come to
their verdict. A message was dispatched to
Judge Macarthur, who promptly responded,
and shortly after entered the court, which had
been temporarily transferred to the Circuit-court
room, in order to enjoy the benefit of :he gas
light.
THE JURY WERE IMMEDIATELY BROUGHT IN,
and silence reigned supreme, every ear being
turned to catch the words that were about to
be spoken.
Mr.. Sparrow, the clerk, then broke the still
ness, and the following important dialogue en-
sued:
Mr.. Sparrow. Gentlemen of the jury, have
you agreed upon your verdict
Foreman. We have.
Mr.. Sparrow. How say you; do you find the
prisoners, o. Z. Babc0k and Thomas P. Som
merville, guilty or not guiltyl
Foreman.
NOT GUILTY.
Mr.. Sparrow. Gentlemen of the jury, harken
unto your verdict as delivered by your fore
man. He says that you find the prisoners not
guilty. So say you allG
Several voices. We do.
Other jurymen, not speaking, inclined their
heads in an affirmative manner.
Hardly had the verdict been announced
before the demonstrations of approval were
manifest on all sides, and loud applause re-
sounded through the courtroom. His Honor
ordered the discharge of the defendants from
custody, and they retired from the room, sur
rounded by their counsel and friends, and re-
ceiying congratulations on every side. A few
men, and tie number was exceedingly small,
walked out silently, with gloomy, dissatisfied
faces, as If the result of the trial was not to
their liking and in opposition to their hopes.
Thus ends the great Babcock trial and the
greatest farce connected with the safe-burglary
of April %, 1874. The chief plotter and per-
jurer, Hiram c. Whitley, has secured his free
dom while attempting to blast the reputation
of honorable men, and to-day walks the earth
an outcast from respectable society, with the