National Republican., 1876-09-28
THE LAST OF The TESTIMONY IN
HAYS AND BENToN's AFFIDAVITs
CLOSING ARGUMENTS BY THE LAWYERS
Mr.. WELLS OPENS FOR THE PROSECUTION
JUDGE FULLERTON TO SPEAK TODAY

| cock and Thomas P. Sommerville, charged
| with conspiracy in the safe burglary of April,
| 1874, took place yesterday in the Criminal
Court, before Judge Macarthur. The usual
interest was manifested in the proceedings,
| and the same persons were present as have
been in attendance during the progress of the
| trial. The defendants and their counsel an
swered promptly at 10 O'Clock, and preceded
| his Honor ouly few minutes. At the ad-
ournment of the court Gen. Totten was con-
! Quoting the defense of Mr.. Sommerville, and
the examination of witnesses in his behalf was
taken up where they left off the day previous.
Mr. E. T. Bradley, recalled: Remembered
the fact of Sommerville testifying before the
investigating committee and the producing of
the affidavits before them. Sommerville ap-
peared excited and was reluctant to deliver up
the affidavits of Benton and Hays, claiming the
privilege existing between counsel and client
Thought that Messrs. Thurman, Bass and
dewitt participated in the discussion, and
Sommerville did not yield until he was forced
to. He objected to the publication of the
depositions; could not remember any promise
being made that they should not be. He con-
sented that
THE COMMITTEE SHOULD HAVE THE PAPERS
as q courtesy, and it was promised that they
! copies of them being made. The examination
was secret one, and no one was permitted
inside except the committee, SOmmerville and
the committees reporters. The door was
locked
Cross examined by District Attorney Wells
Referred to the two sffidavits; Sommerville
consented afterwards to the productioC OF one of
them, that of Hays; there was something
said about aOlle prOSeQwi in the case of Ben
tor.
Mrs. Lucinda Gardner sworn: Knew Somer-
vile; was in his office in May, 1874; witness
went to SommerYille on business and found him
engaged, and he asked to be excused for few
minutes, saying that he was drawing up an
affidavit for a man that had called at his
house the day before; sat at the window read
ing paper; after a little while a man came in
and said, "Haye you that ready" Sommer-
vile said, al have, take it and read and will
go for a notary" He said, "Take it and
read it, if it is not strictlu correct, or any,
thing should be added, make a minute of it,
The man took the paper up, and it attracted
witness attention by his going over it so
rapidly; when Sommerville returned with the
notary he asked the man if it was right! He
replied yes, held up his hand and swore to it.
HIS NAME WAS MICHAEL HAYS.
Saw him standing outside of the building as
witness came into 1t that morning. Hays,
with several other persons, stood up together,
and the witness Immediately selected him
out.l Sommerville was gone from the Office
about eight or ten minutes. Was attracted to
Hays by his swearing with hand up; thought
in making an oath it was necessary to kiss a
Bible.
Cross-examined by Mr.. Riddle Resided at
No. 223 Division street. Had lived there for
three years. Was divorced from witness Sec
old husband in 1872. The first husband was
VIM. X. Yates. He died ten years previous.
Was married on the 18th of May, 1919. Was
a widow two years, and then married again.
Was married the third time one year. Wit
ness husbands name was Marshal d. Gard
ncr. Could not tell the day witness went to
Sommervlle's office. He was witness coun-
sci in the divorce suit.
f. c. Gessner, sworn: Is law clerk in p
Chamber street, New York; knew Sommer-
Vile; in May, 1874, he occupied desk-room in
Stewards office; went into SommerviIle's
room at that time; Hays anu Mrs. Gardner
were there; heard Sommerville say at that
time, "Here is the affidavit that l have pre-
pared; you had better read it over and
SEE IF 1T Is ALL RIGHT,
and l will go and get notary" Sommeryille
returned with him; asked Hays if it was all
right; he said yes, and swore to it; Mrs.
Gardner was there during the transaction, and
remained in Sommeryi!le's office some time
after Hays left.
hau nO Gull
vcrsation with Mrs. Gardner on tle subject;
did not see her afterwards or come here with
her; is acquainted with her.
Mr.. Totten announced that with that testi-
mony the evidence for his client closed.
Mr.. Cook nut in evidence the act of Con-
gress making appropriations for the District
for 1873. He also desired it to appear on
record that the St. Louis trial closed on the
23d of February, with his acquittal, and he re-
turned home the following Sunday, and it was
after this that the interview with Newcomb
took place.
This closed the testimony in the case.
1t was announced that Governor Wells
would open for the Government and Mr.. Rid
die close; Judge Fullerton open for General
Babcock, General Totten follow for Mr.. Som
merville and Colonel Cook close for General
Babccck.
A recess was then taken.
After the Recess.
The trial was resumed at the appointed time,
every seat in the courtroom being occupied,
and space was at premium.
District Attorney Wells opened and contin-
ued his argument to some length, maintaining
that the Government had made out a clear
case of conspiracy against the accused, and
that the prosecution should ask for a verdict in
its 1aYor.
I lHe will be followed by Judge Fullerton for
the defense this morning,