Evening star. [volume] (Washington, D.C.) 1854-1972, 1876-09-21
The Safe Burglary Conspiracy Trial
Additional Test insOMV.
Col. Whitley's Story Continued.

Yesterday, in the Criminal Court, Judge
Macarthur, the trial OF o. E. Babcock and
Thomas P. Somerville Indicted with Har-
ripgton, Whitley, Nettleship, Bliss alias
spiracy In connection with the alleged safe
burglary in the District Attorneys office, In
April, 1874, was continued after our report
closed.
Col whitley was then on the stand, and
bad been asked as to what passed between
him and Babcock on the 18th or 9th OF April,
to which question an objection was made
and sustained. Witness resumed, and said
he remained in the city only that day; saw
no other parties In connection with the busi-
ness; came over again on the Sth OF April;
saw GsDeral Babcock at his Office I'm the
White House, witness as ked him how things
were in relation to the Investigation; be said
that they were all right, that Harrington
kept him posted up; was there only short
time; there were other people present, and
General Babcock did not repeat what Har-
ripgton said; witness did not know that he
saw Harrington at that time; returned to
New York the same night; was here next on
the 9th and 2Sth of April came over in
response to telegraph from Harrington tor
Netiieship or witness to come; saw Harring-
ton; had conversation about this matter.
O. What was It?
Judge Fullerton objeetej.
The court overruled the objection.
afternoon; after the safe had been blown open.
Went to Harrington's house. He told wit
ness what had transpired in relation to the
safe. Among other things, that Major Rich
ARDS did not CO operate in the matter but
wanted to rush In and arrest the man IN
Harrington's office. Saw General Babcock
after that. Went to his office. He spoke of
there being bad management about II; that
Harrington had managed the affair badly.
He thought that witness was smarter than
to let things happen in that way.
By the Court That was all the converse
By Mr.. Riddle: Afterwards, in May. went
TO see General Babcock in New York; told
him we might have some trouble; he re-
piled, All right; you stand by your guns
and will protect your rear" Witness said
he would do IL. Witness spoke to Bluford
Wilson about Investigating their office, lthe
York with Harrington, at the Metropolitan
hotel; told him that the matter seemed TO be
falling on the secret service, and they would
be was District Attorney, and would pro.
tect them; received from him at that time
$500, and told him that Sommervflle wanted
IL, and 1t was given to him; 1t was to pay
him for bis legal services in the safe bur-
Bonneville claimed the fee and witness got
IL for him; some time after that witness
that he wanted to see Harrington, who had
moved near where Babcock lived; Babcock
wanted 70 know what was wanted; thought
he told him that he wanted to get money
from him; he said that he would send for
him; Harrington came and they went out
on the back step, and Gen. Babcock passed
into front room; Harrington then gave VIII.
ness $500; had been to Gen. Babcock's house
several times; gave the money to Mr.. Om-
mervtlle; he claimed that he wanted to use
1t to get Benton out OF jail; had further com-
munication with Gen. Babcock after May;
went to see him in the fall Of 1875 at his cot
tage at Long Branch to get place for
Messrs. CUM and Del O'Ma; told him that
they had been thrown out of employment In
ought to be done for them; he said he would
try and help them, and afterwards got them
In the custom house; witness asked II he
could not get him commission to 60 some
where; he asked how witness would like TO
60 70 Europe, and SAID he would speak u
tne Secretary of the Treasury about IL; re-
Piled that he did not want to go, but would
IKE commission to 60 to Colorado; Gan
Babcock said that was q good place, for
II any thing hapreaet he could slide OF,
went TO Colorado in September, 1875; said
That ne did not want any more trouble, as
BabcOck; could not remember the dates; they
were not in evidence before the nvestig CATION
committee; had great many interviews
torney's fees were spoken OF; 1t occurred Inn
mediately after they were indicted; witness
complained very loudly OF It. and Harring-
would pay the es snd sf
ness engage General Henkle. THE Court
ruled out this conversation rs Incompetent.
Had interviews with General Babcock in
company with Mr.. Rice; 1t was after return.
Ing from the west and previous to going be-
fore the last investiga 2 COMMITTEES; ii was
In March, 1873; went there TO see about the
him that 1t looked like witness was going to
have more trouble: General Babcock replied
that matters looked equally.
IT. This closed the testimony OF the witness in
Third Dsy.
WHITLEY CRossExAMINED.
On the court being convened this morning,
Col. Whitley was called for cross-examins-
ton, which was conducted by Mr.. Fullertou.
The witness said he was appointed By Nj.
Boutwell, and Mr.. Banfeld; that he had been
engaged In case for General Babcock pre-
he Doon o. Of sns
OF 70 end "a In FlOrids, mostly at Jackson
vile; came here on March 18th, on . telegram
from MI. Banneld, because there was an effort
held on his arrival: Witness saw Bah
cock on that day or the next day; was posi-
tive that Babcock said on that occasion that
ments. General Babcock said he would
like some assistance from witness, and
witness replied that he would give
1 any tSs, sSas be could
were spoken OF at this time, but to the best
of his belief they were; witness went after
this interview-thinks immediately-toNew
turned here on the 18th Of March on q dis
patch from Mr.. Banfeld, and went immedi-
ately TO see him. Thinks the dispatch rea 4,
"Gen. 3. wants to see you" Was with Mr..
B. but short time, and went to Babcock' g
house; can't say that Mr.. Banfield suggested
that he should see Babcock to secure his in
f1uence to retain his position; recollects that
Gen. Babcock said that he regarded him
(witness) as q faithful officer, aud that he
would do what he could for him; Babcock
also said that he might want his services la
another matter, stating that they were
measuring his work 70 accuse him OF false
measurements and he wanted some of his
men TO ascertain what they were doing
think he said his object was TO prepare TO
meet any charges.
Witness said yesterday that Babcock had
SAID he had expected him to breakfast. Mr.
Fullerton read the telegram from Banheld,
dated Nov. IA: "Come over tonight and
come 70 my house in the morning; i'm.
portant."
Witness continuing said that Mr.. Banfield
wanted him to be retained In ONCE; don't
recollect that Banneld said on his arrival
that he had telegraphed him 70 come over
that he might be retained In office; recollects
Banfleld told him that he wanted him to see
Babcock; feels positive that he was told that
Babcock wanted him 70 take breakfast with
him. Witness went 70 Babcock's house in
the forenoon. Reoollects that he talked 10
Ban6eld about his removal from ONCE, for
Felcker came to see him TO get him 70 re-
sign; witness may have gone to see Bah
cock partly for the purpose Of keeping his
position; talked to Babcock about his re-