Evening star. [volume] (Washington, D.C.) 1854-1972, 1876-09-25
The Safe Burglary Conspiracy Trial.
SIXTH DAY.


SIXTH DAY.
This morning, in the Criminal Court,
Judge Macarthur, the trial OF o. f. Babcock
and Thomas p. Somerville, Indicted with
Harrington, Whitley, Nettleship, Bliss, alias
Miles, and Benton On the charge Of con-
spiracy In connection with the alleged safe
burg larry IN the District Attorneys office, in
April, 1874, was resumed, District Attorney
Wells and Mr. A. q. Riddle for the prosecu-
ton, and Judge Fullerton, of New York,
and Col. w. A. Cook appearing for General
Ba6cock, and Colonel Totten for Mr.. Somer-
vile.
The court was filled up slowly, but 1t was
not long before the room was well filled. Mr..
SomeIville was among the first TO answer,
and Mr.. Alexander, with Mr.. Brooke B.
Mackall, G. p. Culver, and r. j. McHenry,
was also early on hand. Gen. Babcock en-.
tered the room few minutes to 10 O'Clock
with Judge Fullerton and Col. Cook.
HON. j. M. WILSON'S TESTIMONY.
The government called Hon. jeremiah M.
Wilson, who testified that he was q member
the safe burglary; recoiIects two affiiasitsN
one by Hayes and one by Benton-which
were presented by Somerville. They were
ifested a desire that they should not get into
the newspapers, and was reluctant to give
them to the committee.
Cross-examined by Mr.. TOtten:-Witpess
did not remember that SomerviIle refused to
produce them until after he had been assured
6y members OF the committee that the ar
had been read. Thinks that Mr.. Bass got
the paper from Mr.. Somerville; recollects
that MI. .. protested that the affidavits were
priviieeed, and that they belonged to his
about the affidavits being necessary to use
In the enlargement OF Benton.
BY Mr.. ooB:-TnlnKs there were no for
mai charges before the committee against
Gen. Babcock, but Ia under the impression
that there was something In the memorial
which might By indirection include General
TAfNt a
was before the committee, but does not re-
member the date.
TIE government said they would admit
that Evans books were before the commit
tee on the 2ith OF March.
By Mr. Totten-Witness thinks that Mr..
Somerville was detained for another purpose
than 10 get the papers. The committee went
into the Investigation In the dark, and after
the affidav1ts had been RESENTED witness
and some Others thought they might wish to
with the affidavtts. Recollects that Somer-
Vile said that Benton was in jail, and that
they could secure his attendance. There was
discussion as to the relation OF counsel and
client; cauld not remember the details.
BY the government: Witness Somerville
said, In answer 70 question, that he pre-
The memOrialists, after filing the paper,
were required to make specific charges, and
one OF the specifications makes q specific
lowed the government to be defrauded by
measurements, &c.
Z. s. BRAILEY TESTIFIED
that he was the official reporter of the com.
mittee, and reported the proceedings. Mr.
Colby was the clerk OF the commsttee and is
now Y. s. consul in China; recollects the
Less copied and returned to Mr.. Colby; wit
ness sent the copies to the Government
Printer. The committee did not desire all
the testimony published, especially thai
part relating to Mr.. SomervfIle.
The defense admitted that the copies were
made by Mrs. Bradley, and that they were
received in evidence.
Mr.. j. j. johnson teftified that on May 5th,
loi4, he was U. S. commiss oner, AMI weni
with Mr.. w. NJ. Evans to the jail on
that date, where Be ton signed an afri
dav1t, saying he knew all about it Witness
handed The paper to Mr. Evans, and after
wards, when something had been published
as 70 the mode the aftidavit was taken, NJ.
Harrington showed IL TO him.
Cross examined by Mr. Totten Mr.. Som
erville was not there; never saw hun until
some time afterwards.
A. NEwCoMBE
testlned that he had been In the secret ser
Vice somssyears and was intimate with Col
Whitley; recoIlects that in July, 1915, about
the l4th, he had an interview with General
Babcock; matter In relation TO CunZ led
to this interview; called on him In response
to l.tter received from Whitley. This was
he said that he bad seen Cupz and he would
try and do something for him; saw Gen. B.
again at Long Branch in August following.
Witness was with Col. Whitley at the time
and W. went to see Babcock, while witness
remained at the west End Hotel; did not
know OF his own knowledge that Whitley
gust Whitley went to COLORADO o' In the fall fsil
OF 1875, and returned In March last; CORES
ponded with Whitley during this time; re-
cocR IN the eas 1a na an IN VIII Bah
letter signed "a. Il. NJ" to the effect that
the writer intended TO make some disclo-
gerry. Babcock asked il Whitley's men we're
all true TO him and II they were In good places
Had another interview with Babcock about
ms 2 T,s., Of July Witness had heard that
move as TO the case, and, having received q
letter from Whitley, he went 70 see Babco,k
and congratulated him on getting safe from
Whitley, and wanted to know II there would
De any trouble, and b. replied that he
thought there would. Babcock then asked
how Colonel W. was, and witness answering
that his health was Improving, B. said he
had better stay where he was lin Colorado)
Witness wrote TO Colonel Whitley in refer
February witness saw Mr.. Harrington.
Judge Fullerton.-"Mr. Harrington is not.
Mr.. Riddle;-"But they were plotting for
their mutual SAFETY
Judge Eve were not, for we have not
been In danger"
Witness continued HARRINGTON name
was not mentioned in these interviews. He
had another interview with Babcock about
the 8th of March; thin ks he said In q laugh
ing way to b. that Cunz and Nettieship had
been over here and made some statements;
witness said that he hoped that the Colonel
would be safe; Babcock replied that he would
come out all right. Babcock said some
thing about it not being necessary for him
TO have so many interviews. AS witness
was about leaving General Babcock sug-
gested short way out. Witness saw Bab-
cock and Whitley together on the 21st OF
March, they couversed q short time This
was at Gen. BIS house, witness and Mayor
Rice being in the parlors at the time Wit
ness had made search in the committee
rooms of the Capitol for the missing anita
Wits, but did not hnd them.
Cross examined by Colonel Cook:-The in
terviews were brought about by witness.
Babcock never suggested an interview with
him. When Baocock and Whitley were to-
gether on the 21st Of March they were In the
back Of the parIor. The relations between
Babcock and Whitley were very friendly.
Thinks that there was something under.
stood between Babcock and Whitley. Had
regarded b. as innocent of any copuection
with the burglary at the time, but when he
inquired 90 particularly about WIS health
there was something made him think that
perhaps B. was connected with Whitley In
This matter Witness and Colonel w, are
bosom friends, and he was "abOut a. far in
his bosom as any body can get" They roomod
ha narno hn1Ra