Evening star., 1876-09-28

Harrington. The first suggestion to Nettle-
ship was from Whitley, and In his opinion
me tae onence vi was conceived In the mind o! as
peTjurer, Whitey-and tt was through him
that the young man Harrington has been
McSss ranger 5aIe nom MS nome Who ss1t
Ii, and no one but Whitley could have done
it, and Hayes says he did il. w. saw after
difficulty II Hayes told the truth, and w.
then sw ore that Hayes committed perjury,
and he was arrested.
Mr.. Fullerton then discussed the doctrine
OF the government that Bsbcock is respou-
stble for the acts OF Whitley while under
Harrington orders, because b. sent w. to
H. In the first instance. III b sent w. TO II.
as Co -copspirator he was guilty but not
otherwise for guilt depends on the criminal
intent. 1t had been said that because Whit
ley went to Babcock and asked for Hsrring
ton, who lived next door, ard Whitley got
money from Harrington that B. was con-
cerDed In the crime. Was there anything e
here which would indicate BIS guilt. Is II
reasonab bic TO say that because Babcock sug
gested 10 Whitley to get commission and
60 TO Europe that he was In It. Would he
propose tos co.conspirator TO take COM
mission. The other side said that the words
.slide out" alleged TO have been used by
BabcOck meant slide out from Colorado into
Mexico, Why 1t is $50 miles, and Will take
about 20 days TO travel it And too the
Comsnche country is between, and had
Whitley attempted 70 slide out that way he
would have had as little OF scalp left as be
had conscience on the stand. He would
Ike to have q map not so much
lor The edihcation OF the jury as
The fact was that up 10 that time Whitley
bad lot said one word about his WIS., con-
nectfOn with the conspiracy to Gen, Bah
cock @ M Does 1t stand TO reason that Whitley.
law and had been on trial In this room
would not have gone to Gen. Babcock If his
evidence was true, AMI asked him To throw
him plank TO give him friendly aid To get
him out OF the trouble which he (B got him
INTO by sending him TO Harrington? No, he
did rOt do this.
Judge +. then referred to whitley's con.
Versation with Munson as TO squealing and
putting II on BabcocB, and To Whitley going
before the Attorney General and asking
Immunity II he would tell the facts, aud the
Attorn ey General had granted IL to this man
who bad added TO his crime that of perjury.
This should not have been done by the At
torney General, and the disgrace which at
taches to this proceeding will not be wiped
out In our days. Had he been guilty OF such
q crime ne would have 60 ne 10 some place
Mnere ne ss,, WAS unknown: On the oath OF
cent man is atts cked. You saw him on the
stand, with blapched cheek and quivering
voice yolee' soknowledging aS his perjury: Such .
a jury. Yet this man walked out
unchslleDged, with the Attorney General
in his pocket. In giving him this paper the
pt tniteDtiaJy had been cheated out OF the
Pre- Ice OF as great a scoundrel as ever
nH ed. Let him go; the whole wide world is
his prison; be will learn that Vengeance is
mine. will repay" He walks out an Off
Ger without a commission, a felOn without
an sccuseT, and soul without God. He
would leave the case, being satisfied that no
jury Will convict General Babcock on the
evidence OF such q man.
Judge f. concluded at lilo, having spoken
2k hours.
A recess was taken for half an hour.
AFTER RECESS.
On reassembling, Mr.. Totten, for Mr.. Som.
merviIle, commenced his argument, remark
Ing that IL was the first instance he had ever
heard of of q lawyer being indicted aud
placed On trial for having connection with
his client. Lawyers cannot discriminate,
they must espouse the cause or those who
retain them. 1t is sought To make the Jury
believe that Mr.. Sommerville was connected
with the conspiracy because he acted for
Benton.
TIE case was was on trial when our report
closed.