Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1875-12-11
ILLINOIS,.
The Babcock Court OF Inquiry.


Chicago, December 10. The Babcock court of
inquiry met to-day and Gen. Hancock immediate
ly read the following
"a sense of duty to the laws, to the military
service, and to the accused, impels me to ask
your concurrence in Postponement of this in
quiry for the present. We are all bound to be-
eve in the entire innocence of Col. Babcock, and
the presumption cannot be repealed without clear
evidence. 1t is due to him to suppose that this
court of inquiry was asked in good faith for the
reasons given. What were those reasons In
the course of legal trial in st. Louis, Col Bah
cock WAS alleged to be guilty OF high criminal
offence.
lie asked for a hearing in the same court but
was informed that he could not have it, because
the evidence wa, closed. Those circumstances led
him to demand court Of inquiry as the only
means of vindication that was left, since that he
has been formally indicted, and he is now certain
of getting the full and fair trial before impair
tia jury, which the laws Of the country guarantee
TO a ii its citizens.
The supposed necessity for converting a military
court for the determination of his guilt or inno-
cence, no longer exists. 1t is believed that our
action a military tribunal cannot Gust the jurs-
diction of the court while the indictment is pend
ing.
The President has said through the Attorney
Gent raj that such was not the intention. Then
the trial at St. Louis and this inquiry must go on
at the same time, unless we awaittEe iesultof the
inquiry there.
L ne QlIHCutNo are very uC AZ
cused must be present at the trial of the indict-
ment. Shall we proceed and hear the cause be-
hind his back or shall we vey him with two trials
at once The injustice of this is manifest pre-
sumo, from the nature of the case, that the evil
dence is very voumnous, consisting of record
papers and oral testimony. Can we compel the pro-
duction OF these while they are wanted for pur-
poses of the trial at St. Louis Certainly not
Ii the military be, as the constitution declares,
subordinate to the civil authorities, shall we pro-
l .l,,.
norance of the factsi That cannot be the wish of
| anybody. l take it fol- granted that the trial at
st. Louis will be fair as well as legal, and that the
Judgment will be according TO the very truth and
Justice Of the cause. 1t will, without question, he
binding upon us, ron the government and upon
the accused and upou all the world, if he should
be convicted No decision of ours could rescue
him out of the hands of the law. If he IS acquit-
ted our belief in his innocence will be Of no con-
sequence. II we anticipate the trial in the civil
| court, our Judgment, whether for the accused or
against him, will have and ought TO have no eff
| feet upon the jnrors. 1t cannot even be made
known to them, and any attempt to influence
by it, would justly be regarded as an obstruction
OF public justice. On the other hand, his convic-
| ton there would be conclusive evidence OF his
guilt and his acquital will relieve him from tie
necessity Of showing anything but the record.
| do not propose to postpone it indefinitely, but
simply adjourn from day to day until the evidence
upon the subject Of our enquiry shall reach def-
| mite and conclusive shape, which will be I'M.
pressed upon it by the verdict of the jury or until
our action having been referred to the war de-
partment with our opinion that our proceedings
should be stayed during the proceedings of the
court of law, shall have been confined in the case
of acquittal by the civil conrt.
The functions of the court will not necessarily
have terminated. The accused may be pro-
nounced innocent of any crime against the statue
and yet be guilty of some act which the military
laws might punish by expulsion from the army
| l., 80 orouitto1 he m inaist ali "
to us that he has done nothing incon sstent with
the conduct of An officer and a gentleman, as thu
article of war runs But the great and importan
question is guilty or not in manner and form, =