The New York herald., 1876-09-22
Whitley Under the Cross -Examina-
tion Of Judge Fullerton.
HIS TESTIMONY UNSHAKEN
Nettleship's First Appearance on
the Witness Stand.
A PROPOSITION TO HAVE SOME FUN
Arrangements for Stealing tho Books and
Placing Them in Alexander's House.
NEGOTIATIONS WITH THE BURGLARS.

NEGOTIATIONS WITH THE BURGLARS.
WASHINGTON, Sept q, 1879
Tho Babcock trial was full OF interest to-day, and
tho regular ordor Of detectives stories carried out
the statement Of Ncttlcship tho exAssstant Chief
of Secret Service, who detailed the OF his
poying the burglars to carry tho safe blowing
spiracy for Harrington and his contrerea
THE TESTIMONY.
On tho Court beng convened Colonel whitley was
called for examination which conducted by
Mr. Fullerton.
In giving narrative Of his proceedings he said that
he again to Washington the 9th of April the
sale having been blown tho esd he saw Harrington
and Babcock in . conversation with General
Babcock the latter said something about Har-
rington's bad management and remarked, 81
thought you too smart to be connected with
It," or something OF the same import; the witness
conveyed the idea to Babcock that Harrington and
witness were engaged In it. and Babcock then made
tho remark the witness said no did not think that
Babcock made any remark, way the other, 10
his having knowledge OF the matter; the witness
General Bsbcock next at the Fifth Avenue
Hotel, OF New York; the conversation took place ON
the stairs the month OF May; the witness went to
him regard TO the investigation OF the Secret
Service and told him that his administration had been
and iii protect your rear the witness did not sup
pose that General Babcock entirely ignorant OF his
(Whitleys) connection with the sale burglary, Tor
Babcock had sent HIM to Harrington.
Judge Fullcrton-Give any reason you have for sup
posing that General Babcock knew oil the safe burglary
Witness replied that he never talked OF the affair,
and told Babcock that Bluord Wilson was his enemy,
and General Babcock replied, "I think not"
Witness questioned At length TO his testimony
before the Congressional committee investigating tho
affairs OF the District Of Columbia and was asked "Did
you not intond TO convey the impression by your an
swers that you know nothing OF the burglary?"
Witness replied that they did not ask the proper
question, and said to Mr. Fullerton lf you had cross
examined me they would have got all
Judge Fullorton--Then would have had botter luck
than have had to-day. tLaughter)
TESTIMONY BASFfELD
K. c. Banfeld formerly Solicitor of tho Treasury
Department, was then sworn. Ho corroborated the
statements OF Whitley in reference to his interviews
with Babcock In Washington.
EVIDENCE or NErrLEsHIr.
lchabod C. Ncttleship was then called, and before
being tho District Attorney obtained PERMISSION
from the Court 10 enter nole prosequ In regard to
Neteship being ono Of the parties indicted for
nccon with conspiracy his presence created quite
huttcr 1t being the first time no has gwen any owl
dence public regard to the burglary, the prosecu
ton having been unable, although he was indicted
BRING him here during tho lormsr trial. Tho court
room densey crowded, and his evidence was given
in rapid and jolly manner and It created quite SEN
| sation.
| pledge promise made HIM, but that be en-
tered tho noe prosequi In simple justice 10 Ncttle-
! ship
|
and several years held the position Assistant
Chief OF the Secret Service, under Colonel H. G. Whit
ley aud took charge OF matters during tho laers alb
eenco he SAID that in March of 1874 he received in
ssructions from Whitley to como to Washington and
bring a couple of with him TO do piece Of work;
whitley told HIM that tho folks at Washington wero
| being investigated by Congress and that
they were pressed very hard that the me-
them; ho said our duty would be to connect with the
memoralisls and ascertain what they were doing SO
to be able to counteract their Efforts and post our
folks if there anything wrong beng done. Wit
| first sent for man named j. N. Overworth and
another named Gus Zruh, two fellows who were will
| ing to do such u job, and engaged them 90 TO
Washington, giving them the same orders that he re-
OF the way telling them they should get White
correspondent OF the New York Tribune; Captain
Adams, a newspaper writer, and A. NJ Gibson,
Columbus Alexander, who was The head of the memor
alists. who had asked Congress to investigate tho
they could, especially where the newspaper got
tho Information they published and the report daily
to George deon wmo was nrooS &
or 18th of March, whitley told witness that
he had better go down to WASHINGTON
and how things were working, which witness did,
upon arriving IN Washington witness learned that one
OF his (Ovcrworth) had been arrested for selling
cigars without license out of boxes without
stamps; Whitley also came to Washington with HIM,
and they both called upon Harrington at his house,
tom said the men should report to him. 80 ,nat
he would know them.
Witness secured release for Ovcrworth and ordered
him back to Now YORK; after taking dinner with
Whitley and Banleld he returned to New York, did
whitley; about the LIST Of April Whitley complained
that tho WashiLgt0 did nothing; he had In the
meantime sent n man named Parker here In Over
worths place, and said he had good plan, and ono
that, II worked properly, would suit
TmK PROPOSED
He then spoke OF the investigation at Washington,
ana SAID that the books OF John O. Evans district
contractor called for and brought before the
committee; but that the memorialists thought the
books were acnuine he said If these same books
could be stolen and given to the memorialists and
have II arranged that the memoralsts would produce
them tho genuine books, and then expose the mcmo
riaiists aierward, after they found they had been
fooled that they would be blown the and
the memoriasts would be rdiculcd so that there would
"5ut suppose 1t don't work, what them"
Whitley answered. Harrington is the District At
torney there. and he will tako care OF all' adding
1--WE don't intcnd that any ono shall be hurt, only
ridiculcd and blown out of the water" f"
During this time Zirruh was working in with Alex.
ander and through others had managed 10 get intro
duced TO him and other memoriasts he was lciting on
that no wanted TO buy property and build a
sy say0a again on and me, Michael Hayes detective Who
had been sent hero TO work part OF the case by
whitley; far, witness had taken steps havo tho
burglars break the safes open; he had long talk with
Hayes at the Owen House, in this city. nrst giving
Hayes a supposed case, how he would bite it
speaking about robbing Comptroller Grccns safe, in
New York, upon which Hayes said mpaticntly, what
Is tho job." ho told Hayes that all lie wanted to
do was TO make the mcmorialisis .'sick:, that tho
books must be taken Of Harrington Office and put
in Alcxandcr's house IN some way that he must DO
fooled into receiving them. nnd that the man who was
takc them there must bc arrested just no de-
liverng tho books. and would havc TO go 10 jail for
few days; that the purpose Of ali to have some
tup, as Whitley told him; Sayes said he would go TO
New York and hire man TO do the burglary part and
a man who would agree to go to Jail for little while;
witness said that from $500 900 would be pad for
the job; Hayes to New York. and witness re-
NAMED in this city, about April IA Hayes tclegraphcd
here 10 HIM
parties won't sell at that prce-want 81, 000."
Witness then went back TO New York. but WIS unable
to md hayes; he showed Whitley the telegram and
asked what he should do; Whitley said, Go down 10
Somcrvilles Office, Chambers street and got Miles,
he will do the work. witness did to Somervillcs
Office but did not find Niles; did not tell SomcrvilIc
what kind OF job he wanted Miles for, but said he
had some work for him TO do: tho next day
no called again TO Somcrve, and told
that at O'Clock Miles could be found at Dclmoni
co.'s no went there Niles, and told him he
,,h done In ma IN ,,o ar ,hn