Evening star. [volume] (Washington, D.C.) 1854-1972, 1876-09-26
The Safe Burglary Conspiracy Trial
Trial OF Alleged COnspiratoFs Open
Ing OF Colonel C0Ok, COansel for
General BabcOck- Col. TOtten for
Mr.. SOmeFv1lle FOllOws-HestimOny
for the Defence.
SEVENTH DAY.

| SEVENTH DAY.
This morning, in the Criminal Court, ] Judge
Macarthur, the trial of o. E. Babcock and
Thomas p. Somerville, Indicted with Har
rington, Whitley, Nettleship, Bliss, alias
| Miles, and Benton,) on the charge OF con
| spiracy in connection with the alleged safe
burglary in the District Attorneys Office, in
April, 1874, was resumed, District Attorney
Wells and Mr.. A. g. Riddle for the prose
cutiop, and Judge Fullerton, OF New YorF,
| erai Babcock, and Colonel Totten for Mr..
SOmerville.
The rain this morning had a perceptible
effect both on the numbers aud appearan c.
| of those in attendance on the court, for at
| the hour named for opening 10 o'clock
there were scarcely half the usual number
within the bar, with small audience out.
| side. Among those present. were General
NJ. Z. Meigs and General ID. Hunter. 1t
was 1920 when the trial was resumed.
The District Attorney stated that Mr..
Alexander desired to make correction, And
Mr.. A. taking the stand said that he hal
stated that MT. Albert Wilson was at his
house on the sd of April, but such was not
the case.
OPENING OF COLONEL COOK FOR THE DE-
Mr.. Cook, at 1923 O'clock, commenced his
opening TO the jury, referring TO them as I'M
prejudfced. Their duties were solemn. To-
day General Babcock makes his appeal as
an American citizen to the jury. He asks
no more, no less than justice, and will re-
cetve o more or less than he is entitled to
MIR. Cook asked what is the charge and READ
the averments of the Indictment, the essence
Of which is that they were engaged in a oon-
spiracy to Djure the character of Mr.. Alex
tlOn of conspiracy, and said that there could
be no such offence without an agreement to
do an unlawful, illegal act, or TO use unlaw
full means to do an act. There must be a
concert of action shown. There may be "a
concurrence Of acts without previous I'M
derstandiDg and tsere be no conspiracy. In
making General Babcock a conspIrator IL
must be- shown that he was in the original
plot, or bad perfect understanding OF it.
Against whom is the Indictment? BabcocK.
ship, Miles and Benton. Miles is conceded
to be in prison. Benton is said to be In
prison, but 1t had been shown where
not to be In Delaware. Whitley and
Nettleship are here, but the government
has granted them pardon: 1t only leaves
BabcOck stretched out his hand to pull down
Columbus Alexander from his high position
as a reputable citizen. Have they prove1
IL? Who have testified that the purpose was
10 have Alexander arrested? 1t was not
Whitley, Nettleship, or Newcombe The wit
nesses say 1t was for the purpose OF weaken
ing the cause Of the memorialists. The CUES
ton is. was Gen. Babcock connected with a
conspiracy TO injuTe Columbus Alexander?
Have the government established this? The
stand, and he had sworn that Babcock on
the 14tb or 18th OF March said he might need
his assistance in regard 70 measurements OF
his, the correctness of Which had been ques
toned. He (B.) sent for the proper officer to
ascertain what was going on. Would 1t have
been proper for him (B.) to have sit still?
1id ne not DO right TO send for the chief OF the
had charge Of the Investigation, and told
Whn.Sy 70 90 10 I'm. Yves there anything
wrong in this? Harrington was the attor
ney and secretary OF the District This was
presented as evidence of a conspiracy against
Columbus Alexander. BaboOck said that
HaIriT gron kept him posted, meaning as
to the Investigation not the safe burglary.
The interview a. the Fifth Avenue motel. If
IL did Ia ke place, Lad 10 reference to Alex
ander but the term "Stand by your gus
and I'll protect your rear" meant that b.
(Ba bcockl would protect him Whitley from
the assaults OF Bluford Wilson. The Long
Branch interview was not sought by b tt-
cock, and no reference was made 70 the safe.
Whitley was In bad health and Baboocs
suggested trip to Europe for his health.
Instead Of going to Europe Whitley went to
Colorado. and w. says that B. told him he
slide or but was there any thing IN
says distinctly he knows OF no fact which
would connect Baboock with the safe cor
Spsasy ano says That ssSoock
ly be contended that Adam had anything to
do with the safe In 1876.
Mr.. Riddle.-"We have not indicted him"
Mr.. COOk.-"But you might have done it."
How, then, can it be said that B. had any
thing to do with the conspiracy? Major
INCL 8IUB says QlQ not m6QtlOD
BIS name: Where, then, is his name men
toned? Nowhere but In this Indictment
Mr.. Cook read from Whitley's testimony
he now says was evasive; that he was test testi
tying only under q committee oath, and the
me m bers OF the committee were not smart
wonder that murmurs of disapprobation
went up. 1t was q sad moe kerry OF justice 10
attempt to tear down ono bright and noble
by the testimony Of such q man confessins
Opf6eafnR q Is
all; he never attempts to lmplicate Gen. Bah
eek until he obtains the paper granting him
ibs fom the 81 Attorney
man OF the House Judiciary Committee
They desired the attendance Of Mr.. Knott,
wbe6 to
the first one Is charged to be. Mr.. Cook said
he would prove that Whitley had said that
It was on the 18TH of March that the inter
view between Whitley and Babcock took
place, and the indictment charges that the
taken to Alexanders, and they were not se-
fore the committee until the 18th, SO that
interview could not have hid any refereacr
any books To be Introduced. He never had
seen such weak and fiimsy prosecution
but weak as 1t was, 1t would be shown that
1t is even weaker. That Gen. Babcock is
innocent will appear further from his ch Al =
acter. He had STOOD his trial In st. Louis.
and come home with q character fully vim
BabcOck as to his military history, ana re
ferred to his services as Commissioner OF
Public Buildings and Grounds. His work
was to be found all around. He had been a
benefactor to the District His life had been
unstained save by these indictments.
Mr.. Cook concluded at 11:30.
Mr.. TOTTEN OPENS FOR MR.. soMKRvILLR
Mr.. TOtten, for Mr.. Somerville, said II the
jurors were not satisfied that Mr.. Somer-
ville's connection with the case was simply
that Of q lawyer, he should show that such
was his connection, and that he hal done
nothing except what any professional gen.
tleman would have done. He would show
that these parties whitley and Nettleship)
kept the facts dark, and such was their in
tention from the nrst. 1t was their desire to
put every fact connected with the case be-
fore them. Mr.. 8. was Q lawyer, and IL wss
important that he should show that he was
entirely innocent Of any wrong. 1t had been
said that the most hellish fact was the max
Ing Of the amdavits, and he would show that
Mr.. S.s conduct in relation thereto was pro
feesior al. Although Mr.. 8. may have kno wn
that Benton, his client, had blown open the
| safe, II was not proof that he knew of the
| conspiracy. He insisted that the conduct o.
Mr.. Bonneville in the committee room, IN
I'M a