Evening star. [volume] (Washington, D.C.) 1854-1972, 1876-09-27
The Safe Burglary Conspiracy Trial.
Trial of Alleged COaspir0fors.
Several Witnesses Examined for the
Defence To day-D1stFfcs Attorney
Wells Sums Up for the Government

Wells sums Up for the Government.
SEVENTH DAY.
Yesterday, in the Criminal Court, Judge
Macarthur, the trial OF D. f. Babcock and
Thomas p. Somerville Indicted with Har-
rington, Whitley, NettIeship, Bliss, alias
Miles, and Benton, on the charge of con
sp1racy In connection with the alleged safe
burglary In the District Attorneys office, In
April, 1874, was continued after our report
closed, District Attorney Wells aud Mr.. A
q Riddle for the prosecu tioa, and udge Fol
lerton, of New York, and Colonel w. A. Cook
appearing LOT General Baocock, and Colonei
Totten for Mr.. Somerville.
A portion OF the evidence of Whitley, a.
contained in the report OF the Coug ressionsl
investigating committee, was received il
evider0e TO contradict the testimony last
given by him.
Judge Samuel F. Miller was sworn, and
testified to the general reputation of General
Babcock.
1t was admitted in evidence that Whitley
had previously been indicted tried, and the
jury failed to agree.
Col. Cook, for the defence, stated that for
the present that would complete their testi-
mony. They had an account of measure
ment which they would put In, and there
might be some other matters to which they
might desire to call the attention of the
court.
MR.. L. G. HINE
was called and examined by Mr.. Totten 10
behalf of Mr.. SOmerville.
Witness is lawyer, and was employed In
the case OF Benton. the burglar. Somerville
retained witness as associate counsel with
him in the case. Had several interviews
with Mr.. Riddle in regard to the case and
the releasing OF Benton on bail. On one oc
be bail enough, and Mr.. Riddle said be
thought that the amount in cash would be
sufficient. Witness was anxious that Ben
ton should be taken by the government. Mr..
Riddle was willing, bat it was thought that
he did not tell all he knew about The case.
Somerville urged him to do so. and get out
OF II. Had no reason 10 think that Mr.. Rid
die treated SOmervllle other than the coun-
sci OF Benton. He came to the city three
times on that business. Did not know auy.
thing about the statement that Benton
made. Thought Mr.. Riddle believed the
statement To have been manufactured.
Cross examined by Mr.. Riddle: Witness
did not think he ever heard the sta tement
It's contents were talked over very freely,
and Mr.. Riddle thought there was little SEM
blance OF truth In IL and refused to receive
1t. Thought that Mr.. Riddle said that if
Benton would speak the truth to all ques-
tons, he would be permitted to go AT lib
erty. Did not recollect that Sommerville in
sis ted that the statement was true. He was
willing that they should talk with Benton,
and wanted him To tell all he knew.
Re direct by Judge Fullerton: IL was In
onsequence of Mr.. Riddle being dissatisded
with the affidavit that Sommerville urged
Benton to tell all he knew of the case.
ICHABoD O. NErrLEsHIP WAS RECALLED
and testified he knew that SommerviIle was
retained as counsel for Benton; never told
him anything about the safe burglary; never
knew that he had any knowledge OF it. The
summer previous Sommerville had profess
sioDal business with Miles; knew something
about the affidavit made by Hays; there was
the blowing of the safe.
Cross, examined: Whitley employed Som
nerville to defend Benton.
The court adjourned until this morning.
EIGHTH DAY.
There was large crowd present at the
opening OF the trial to day.
Mr.. K. 3. Brady, the reporter to the Joint
committee, was called for Mr.. SomervtIle
ara ne destined that he remembered Mr.. s.
presenting the affidavits of Hayes aud Ben
ton, and MIR. 8. was reluctant to give them
up There was quite discussion, and Mr.
g. yielded them mp. Mr.. s. obJectei to their
publications could not say that they were
presented for the private Information OF the
committee; am quite certain something was
said by Mr.. 3. about the affiiavits being re-
turned. Mr.. 8 objected To almost every.
thing in connection with the adidsvIts.
Cross-examined by Mr.. Wells.-Mr Somer-
Vile rather waived his objection as to the
Hayes AFFIDAVIT; don't know thai SomervilIe
proposed to submit the affitavits N a noHe
pros was entered, but recollects that sone-
thing was said about IL.
MRS. LUCINDA GARDNER
tesGhfd that she was in SOmerville's otr1ce,
Id New York city, In May, 1874; recollects
the circumstances OF the making of an am
dav1t there. When witness called Mr.. Som
erville was engaged in writing 1t and ex-
cused himself to witness. Witness took a
seat and was reading paper when q man
came In and asked 8. II he had 1t ready. 8.
said he had, handing the paper to the party,
telling him to read Il over while he went for
q notary, and to cross out what he could not
rapidly. and witness remarked It.
Q.-"po you know that MANI"
Hayes" daughter
Witness had seen the party since; saw him
Wtern.. o.h.a a.
and q number OF gentlemen were told 10
stand. emong them Mr.. Hayes, who witness
Identified. Witness remarked Hayes swear
ing to the Amdavit by raising his hand,
that manner before.
Cross-examiped BY Mr.. Riddle:-wituess
lived then at 20 Division street, and was
was . widow; had been married twice; was
divorced from the second husband; don't
Iecollect what day she was at the Office of
SOmervtlle, hut 1t was in the early part of
Vile to examine the records as to some prop
erty which had belong to her father. Wit
ness recollects that day distinctly; was en-
school and Church Extension Society, aud
on this particular day had been engaged In
the WORK, having made thirty five visits that
street; found some Catholics, Jews, and
others-some sick.
Mr.. Riddle asked witness to relate some of
mes dne cases, ana witness detailed some Incl
that all you wish to know, or would you like
me to go on with other cases? Perhaps you
will be willing to put your hand In your
pocket and give something to aid some SINH
lar cases?, (Laughter.J When witness was
in 5. IS office she examined q map to fiud
where the property was In which she was in
terested. taking about half an hour; and she
added: sit would have took you Mr.. Rid
dle] about as long. (Laughter.l IL was di-
Iectly on the banks OF the Hudson-a very
delightful spot
The cross-examination of this witness was
continued until 11:30 O'Clock.
E, G. Gessner testified that he is q law
clerk at u Chambers street, New York, I'm
Mr. Stewards ONCE; knows Michael Hayes;
recOllects seeing him in Somerviles office In
May, 1874 Mrs. Gardner was present; heard
g. say TO Hayes: "Tnis In the affidavit I have
drawn; read V and see II IL Is all right" Saw
g. return with the notary. and after Hayes
replying to SOmerville's question "Ifit was
all right" In the Affirmative, the oath was
adminBtered to him.
Cross examined by Mr.. Riddle.-Never had
conversed with Mrs. Gardner since. Witness
gave incidents which he remembered as
having nxed the occurrence in his memory
This closed the the testimony for the de-
fendapt. Somerville.
Mr.. Cooke offered In evidence the act of
Congress making appropriations for inn
provements In the District, and alCo asked
that IL be noted that the St I.ouia trtaI