Evening star., 1876-09-28
The Safe Burglary Conspiracy Case.
ATHUme0t-An Eloquent Appeal by
Judge Fullerton I'm Behalf Of Gen.
eIal RabcOck.
ZIG HTH DAY.

| DAY.
Yesterday, In the Criminal Court, Judge
Macarthur, the trial OF o. z. Babcock and
Thomas p. Somerville Indicted with Har-
rington, Whitley, Nettleship, Bliss alias
Miles, and Benton) on the charge OF con-
sp1racy In connection with the alleged saf.
burglary In the District Attorneys office, in
| April, 1874, was continued after our report
closed District Attorney Wells and Mr.. A.
RIDDLE Tor the prosecution. and Judge
Fullerton. Of New York, and Colonel W. 4
Cook appearing for General Babcock, ano
| Colonel Totten for Somerville.
ARGUMENT OF DISTRICT ATTORNEY
Mr.. Wells had commenced his argument
when cur report closed. He said he could
not be ceDsured for presenting the case Oh
me psrttf The government TO its full extent.
and be was not prepared tn abstain IRON,
such fair deductions from the facts proved
as they seemed TO warrant. To do other
wise would be to deny justice. He urged
that tnere was no need To show an agree
ment for the onspiracy, as one would snow
an agreement to sell q horse or q house
ssreepsrt tneTe T1dd %ss no no eXacr ana no lorna,
TO write out all the horrible things this con
spiracy woLld do, perhaps all the conspira
m tors would have recoiled from 1t: There was
case. To make conspirator Ii needs on ly
that he concur with oIhers In pursuing an
unlawful end oy unlawful means. When a
In 1t becomes responsible for every act. TIE
responsibility Of all begins with the nrst
spiracy. Gov. Wells then traced the incep
tion of the safe burglary plot to Harrington;
but Harrington alone could not com mand
the only instrument which could carry out
tbe plOt-the u. 3. secret service. Harrington
could not command This service, and without
them the plot would be impossible. He
claimed that the government had shown that
the cons piracy was the work Of Harrington,
and that IL was part of the original conspira
cy to put the blame on Alexander. and that
they bad attempted to do this by procuring
0x-ff fO NJ nAn nf<~xxn III
Somerv1lle was the party who engineered
this portion OF the plot He asked who put
the Treasury secret service into Hsrripgton's
hands? Gen. Babcoek Mr.. Banfield had the
force in charge, and Babcock asked that 1t
be permitted TO do some work for him, and
when the force was turned over to him he
Harrington al breakfast TO hear what was to
be done. Whitley failed to meet them, and
afterw ards BabcOck told him to see Harring-
toD, ard harrington would tell him what
Harrington told him of the plot, and for these
Instructions, and for all The conse quences
Babcock is held by the law to be responsible.
Gov. Wells stated the main circumstances
OF the safe burglary, and called the jurys at
tention TO the constant exertion of Gen.
Bnabc0ck's power to shield those engaged in
the plot. Gen. BabcCck told one of the con-
spirators that Harrington kept him inform
ed Of It's movements. He directed Whitley
(when the prosecution was impending, and
sist in exposing the plot to "stand by his
guns" and declared he "would protect his
rear" he tried to keep Whitley away in
au expose he hurried 10 tell Harrington, aud
the latter took the best means in his power
TO stop developments. All that he coald do
to help was done. Gov. Wells then discussed
closed at four O'Clock, when the court ad
journed.
Ninth Day.
In anticipation of hearing the speech o,
Judge Fullerton to-day, the courtroom
filed up rapidly, and every seat within th
bar was occupied, while without the ba,
delay was occasioned by Judge Fullerton's
absence, he having been under the impres
sion that the District would have occupied
the court q short time this morning.
JUDGE FULLI RroN's CLOSING ARGUMENr
Judge Fullerton commenced his argument
at 1040 O'Clock for Gen. Babcock. He said
he never was more at q loss In his whole pro-
fes.ional life as to how to deal with a case
When be was asked TO come into the case he
was Informed that Hiram G. Whitley was
the accuser. Knowing bis (W.'s) character
he cons ented to enter the case now before th.
jury. he found that there Is no evidence
against Gen. BabcOsk, and they migbt as
well convict him tJudge F.) as Gen. Bah
cock. In this case the Co O-conspirators-
Whitley, Nettleship and Hayes-had been
used In the case, and surely had Gen. b. had
any thing TO do with the case they would
1t was q condition Of their Immunity that
they should implicate him. The chief OF the
conspirators ts introduced nrst, and he had
what he chose to say. His lips were unsealed
and he was told to carry no secret from the
witness stand, and there he sat. WHAT was
cock ever use the words "safe burglary" or
intimate that he knew anything which
would cause him to suspect him, what did
ne 70 ns SHTS ssy Ss al hs o%
the chief conspirator, who was the one who
put up and engineered the AFFAIR. Nettleship
tncs nohna aSSus amayws IT, iad e..
Benton, Eirruth and Harrington had said
not one word TO connect Babcock. II Gen.
Babcock was noted for anything more than
1t was his kindness OF heart. Whitley having
detected forgery OF BabcOck's good name,
and suffering from pulmonary complaint,
hss,h he Wished % 70 can GO attention S iSo 20 CO. Co.'S
name was after that OF the greatest men OF
and the other having wept because there was
nothing more for him TO conquer. This gen
tleman thought he had something important
TO give the court, bat was not PERM n ed 10
give it.. 1t was not General Babcock who
was trial, but the prosecution; they wished
to be ACQUITTED. he hardly knew how to
TO his own inclination after the testimony {
the government had been concluded, he
would have taken his hat and walked on,
MIR. Fullerton projected To speak OF the
laws OF evidence rs applied TO this case. and
asked III there was any evidence whatever
against General B.; II any fact had been
proved against him by any Que other than q
copspirator. The District Attorney had put
General b. in bad company, but he might as
well put any Of the jurors IN the Indictment
as General B: They should consider that,
although Whitley was on q good footing
here, but not elsewhere, and that at that
time, in the language OF Columbus Alexan-
der, 'sit was hot here" and General b IS
character having been assailed. what else
could he do other than call on Whitley, the
chief Of the secret service, through the So
licitor OF the Treasury? Banneld wrote for
Whitley. Why 10 he not here on trial? The
evidence against him is a. strong as 1t is on
Babcock. Banfeld was only one degree fur
ther removed. Babcock's course was that of
an honest man, taking the precautton to de-
fend himself from false accusations He al
no patience with his friend on the other sid O.
wh6 yesterday attempted to state what the
Law was. They had found jewel in q toad's
head in the evidence Of Whitley as to the
object OF Babcock. Judge r. related what
passed between Whitley and Bsbcock, and
the invitation to breakfast with Harrineton
and asked II the conspiracy was to be con-
cocfed over the breakfast table, and II It was