The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1875-12-11
BabCOck Court OF Inquiry-Ad.
jOurned to Await the Civil Trial
Opinion Of General Hancock.

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CHICAGO, December lO.-The Babcock
Court Of inquiry met again to-day.
Gen, Hancock Immediately read the fol-
lowing A sense Of duty to the laws, to the
military service and 10 the accused i'm
pels me to ask your concurrence in a
postpOnement OF this inquiry for the
present. We are all bound to believe in
the entire innocence Of Col, Babcock, and
this presumption cannot DO repelled with.
out clear evidence. 1t ia due TO him to
suppose that this Court Of Inquiry was
asked in good faith for the reasons given.
What were these reasons? In the course
Of legal trial at 81. Louis, Col. BabCock
was alleged to be guilty Of a high crimi-
nal Oflense, he asked for hearing in the
same court but was informed that he
could not have it because the evidence
was closed. These circumstances led him
todemand hearing in Court Of Inquiry
Us the only means OF vindication left,
since then he has been formally indicted
and he ia now certain OF getting full
and fair trial and that before an Impair
tial jury which the laws Of the country
guarantees all its citizens. The necessity
for Convening n Military Court for
the determination Of his guilt or innocence
no longer exists. 1t is believed that our
action Us military tribunal cannot oust
the jurisdiction OF the court In which the
indictment Is pending, The President has
said through the Attorney. General that
such was not the intention, Then the
trial atst. Louis, and this inquiry must
go on at the same time, Unless We await
the result OF the inquiry, here the ditti-
cnltles arc very formidable, The accuS-
cd must be present at the trial oil the in
dictmenIs, Shall we proceed, and hear
the case behind his back, or shall we yex
him with two trials at one time,the injus-
'tlCe OF this Is manifest. presume from the
nature OF the case that the evidence Is very
voluminOus, consisting OF records, papers
and oral testimony, Can we compel the
production Of these, while they are want
ed for the purposes Of the trial at st.
Louis. Certainly not II the military be
as the Constitution declares, subordinate
to the civil authorities. Shall we pro-
coed without any evidence, and give an
opinion In ignorance O the facts That can
uOt be the wish oil any body. | take i for
granted that the trial at st. Louis will be
fair as we'll IA legal, and that the iudg.
ment wi u be according to the very, truth
and justice OF the cause. II will without
question be binding and conclusive upon
lls, upon the Government, upon the ac-
cnscd, and upon all the world. II he
should be convicted, no decision ot ours
could rescue him out OF the hands OF the
law. lihe is acquitted, our belief In his
innocence will be Of no consequence. 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 effect upon the jurors. II can
not even be made known to them, and
any attempt to influence them by II would
justly bO regarded As an obstruction Of
public Justice. On the other hand, his
conviction there would be conclusive eyi.
denCe Of his guilt, and his acQulttal will
relieve him from the necessity Of showing
anything but the record. lido not propose
to postpone indefinitely, but simply to nd.
journ from day to day until the evidence
upon esub ject Of our inquiry shall re.
Ceivc that definite and conclusive shape
which will be impressed upon IL by the
verdict Of the Jury, or until our action
having been referred TO the War Depart.
ment,wilh our opinion that our proceed
ingshonld cease during the proceedings OF
the court OF law shall have been confirmed
In the case oiNcquittal by the Civil Court,
the functions OF this court will not neces.
sarily have terminated. The accused may
be pronounced innocent OF any crime
against the Statute, and yet be
guilty Of some act which the
military law might punish by cx.
pulsion from the army. In case OF
acquittal he may insist on showing to us
that he has done nothing inconsistant
with the conduct OF an officer and gentle.
man, as the articles oil war runs. But the
great and important question, is, guilty
or not, In the manner and form as he
stands indicted, and this can be legally
answered by jury OF his country. The
Judge advocate then said in sub
stance that tho court had not
been fully organized, that he lind re-
ccived communication from Bah
book, which he submitted to the court.
This communication requested the court
to adjourn in order to admit
his appearing in st. Louis TO answer
there the charges mAue on MIN Dy the 81,