National Republican., 1876-09-25
THE SAFE BURGLARY.
Fifth Dav-No New Facts Developed.

Judge Fullerton, OF the counsel, was urSJ 10
arrive and employed his time in scanning the
evidence already in aud making extracts there
from, TO use in his argument 10 the jury. He
was followed soon after by the other attorneys
and the accused. At 1910 O'Clock his Honor
came on the bench, and court was opened and
the jury polled.
Colouel Cook aid that he had 4 proposition
to make which he thought would meet
THE APPRECIATION OF ALL PARTIES
interested, and that was that the court hold
EUt one session that day.
His Honor conceded the application and
agreed to adjourn court at 1:30 p. m.
Michael Hays recalled for redirect exami-
nation In witness third interview with Miles
he had an impression that witness was con-
nected with the police force of this city, AMI
asked where he would be that night. Replied
that he would be near the City Hall.
VIM. Demaine sworn Is a civil engineer.
Had been employed by the District government
as an assistant. Remembered in the fall or
winter of 1S73-'74 of making afidayits in ref
erence to the public grounds under Gen. Bah
cock. One was in reference to the P-street
circle, and another the M-street circle. The
affidayits were published in the New York San.
1t was about October, 1873. Witness made
| the measurements. Was called on by man
named Zlrruth. 1t was near the middle of
April, 1874, that witness was coming down
the city and man came in the car and ac-
| that he wanted 20 buy ground TO open lager
beer saloon, and thought witness place would
suit. Witness did not give him much encour-
accmeHt. Two days after he call at witness
house and introduced the same subject.
WITNESS DISCOURAGED HIM.
He called again, and wanted witness to 20 and
SEE the Board OF Public Works ami an acquaint-
auce down town, man named Butler.who hal
hi en- book keeper or clerk tu, contractor named
~ l,,,t h.. 4 Lob, hrNNl
far the contractor in order TO conceal certain
irauGs that had hcen made, and urged that
these books would be of use To the iuVestigat-
ing committee. Witness went with him to see
Butter. IirrUth asked hiCl to tell Denaine
y hat he knew about the books. Batter said
he kLcw rothiu- about it, aad appeared to be
angry. He called witness one side, and want
ed to know what the d Dutchman had been
saving. He took witness around the square,
and said that he not book keeper for
Evans, bus his foreman. lie said that
Evans thought the books were DESTROYED but
it was not so, and promised to get them for
witness. They passed Governor Shepherds
house, and Butler said that the Govern pr for
gets him now and had no more money fDr hin.
Witness asked If he was acquainted with the
Governor, and h" said yes, but worked for
Evans. He asked @i:ness if he was acgTaint-
ed with the memOrialists, and wanted to be
introduce eI to Alexander. Witness agreed to
20 and have
TALk WITH ALEXANDER,
and met him afterwards at the Metropolitan
hotel. Saw Alexander, and he agreed that
witness should introduce Butler to him. They
went to see Alexander together at his house,
and witness introduced Butler to him. They |
went up stairs and had private conversation. |
Witness had since found out that Butler was
Mike Hays.
No Ocross-eXamination.
Major A c. Richards recalled
The man that witness saw at the bill board |
on the night Of the burglary was afterwards |
seen by witness at the Ludlow street Jail, New |
York, and was known as Miles.
John 4. W. Clarvoe sworn; On the 2iI of |
April, 1874, was CHEF of the detective corps. |
(The defense admitted the narrative of the |
night of the safe bUrSlary)
Witness resumed Was behind the men |
when they came out of the District Attorneys |
Office. Followed the one that went up |
Fifth street because he had satchel. Thought |
it was best to follow him. Harrington did not |
tell him to do so. He arrested him ami |
brought him to the office.
Albert Cunz sworn Resided in New York |
In the winter and spring OF 1874 was located |
at the secret service Office in that city. Wit |
ness attention was first called to the safe bur-
glary
ONE WEEK AFTER THE EXPLOSION
by Nettleship. He said that witness had done |
X,
not wish him to know what 1t was for, as it |
would do no good, and might do harm. Hal |
no knowledge of carrying messages between |
Nettleship and Sommerville in relation to the |
affidavit OF Mike Hays. 1t was after HAYS re- |
turned from Canada that he told him to 20 TO |
NrttiCship's house. Was acquainted with |
SOmmerville. He did some business for him. |
He Was frequently 1t The office in Bleecker |
street. knew that SOmmervie worked for |
Miles release. Did not know that Sommer- |
vile resided in Miles house. Witness saw /
Mike Hays in New York a week after the ex-
plosion, and al TIE time OF the interview be-
tween witEess and Ncttleship. Thought that /
he paid Hays 500 before he went to Canada.
DID not know, at that time, what it was for, |
but got an impression that Hays was to get
Out ofthe way. Had no knowledge of Hays Civ
inE deposition about that time. Arranged a |
meeting for Whitley and Sommervile after |
Hays went to Canada. Did not know what |
the meeting was 1Or. Did not know the date.
Left the secret service October l, 1874. The /
whole force was discharged at that time.
No CROSS EXAMINATION.
Mr.. Sommerville said that he had no ques-
tiCns TO ask at present, but if they wished to
connect him with the safe burglary case in any
manner he wanted al the proof produced. He
felt satisfied that ne would come out of the
fire with his skirts clear.
The defeuse admitted as evidence that Mr..
George Gideon q subordinate of Gen. Bah
cock rs Commissioner OF Public Buildings ami
Grounds.
Albert CUM, recalled by the defense: (Let-
ter shown Could not tell whether the letter
was the cause of the interview between Som
meTville and Whitley. The Solicitor of the
Treasury was there about that time, and the
secret service was being investigated.
VIM. NJ. Evans, sworn. During the month |
of May, 1874, witness was clerk in the District
attorneys office. The Government paid for
the safe. There was only one in tine Office. Re-
membered seeing Sommerville in the city after
the explosion. He was at the office twice. On
one occasion he said something about state
ment of Benton's, and Harrington said he
would do nothing unless it was sworn to. Did
not read the paper or know its contents. Som
merVille asked witness if he would take the
statement and see if Benton would swear to it.
That was about noon. Did not know the
handwriting. Sommeryille said that he must
go on the train. Witness took the paper and
with }. j. johnson went to jail. Benton came
down, looked over it, said it was all right, and
swOre to it. Witness brought it back to Har-
rington, and has never seen the paper since.
That was some time after the explosion at the |
office.
WHEN BENTON WAS BAILED
witness thought Sommeryille was at the Dis
trict Attorneys Office; it was at night, and wit
ness was not at the Office; had no knowledge
of an interview between Harrington and Som
merVille that day; there was some books, old
papers, spoons, $50 gold piece, private pa-
pers of witness and papers of John o. Evans in
the safe on the 23d Of April; the books and
papers Of John o. Evans were placed there by
" tness and Harrington.
Cross-eXamined by Mr.. Totten: Is a member |
of the bal; Sommeryie was acting as the at |
torney for Benton, and was in Harrington's |
oiiice to secure his release; Harrington was in |
charge of the business of the Office: Sommer- |
vilic went 10 New York and left the affidavit |
for witness to take and see il Benton would |
swear to it; nothing was said in witness pres
ence about the releasing of Benton on bail:
nothing was said in witness presence about |
Benton turning States evidence, but it was his
impression that Benton was going to make a
statement and get released.
Redirect by Mr.. Riddle: 1t was to be state
msnt of facts, for which he would be released:
did not kro where Harrington was now; he |
resided in Dover, Del, after leaving the Dis |
trct; witness had eorresponded with him up to |
the finding of the indictment; had not done so
since.
The prosecution not being able to proceed