Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1875-12-11
The First and Principal Private Secre-
tary Of the President of the
United States Indicted
for Fraud.
In Consequence of this the Military
Court Of Inquiry Deems ii Proper
TO Adjourn for the Present.
HendersOn's Speech in the st. Louis
Court He is Dismissed, but
Stands By What He Said,
Hit or Miss.

CHICAGO, December I0.-The Bah
cock court Of inquiry met at noon again
| to-day, when General Hancock imme-
| distely arose and read the following
"a sense of duty to the law, TO the NIL
;tary service, and to the accused impels
me to ssk your concurrence in post
! ponement of this inquiry for the pres
| eDt. We are all bound to believe IN the
| entire innocence Of Colonel Babcock,
and this presumption cannot be repelIed
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 reasoDs2 In
the course of legal trial at st. Louis
Colonel Babcock was alleged to have
been guilty of q high criminal offense
He asked for a bearing in the same
court, but was informed that he could
not have it because the evidence was
closed. These circumstances led him to
determine on court of inquiry as the
only means OF his vindication that was
left. Since then be has heen formally
indicted, and is now certain of gettin e
that full and fair trial before an impair
tial jury which the laws of the country
guarantee to all its citizens. The sup.
posed necessity for convening 8
military court OF Inquiry to determine
his guilt or innocence no longer ex
lists, 1t is believed that our action as q
military tribunal cannot Oust the juris-
diction of the court while the indictment
is pending. The President has said,
through the attorDey-geDeral, that such
was not the intention. Then the trial at
st. Louis and this inquiry must go Oh
of haC
result of the inquiry there. The diff.
cOlties are very formidable. The accuse ed
must be spresent st the trial of the in
dictment. Shall we proceed and hear
the cause behind his back, or shall We
vex him with two trials at once? The
Injustice ofthis is manifest. presume,
from the nature of the case, that the ev-
idence is very voluminOus, consisting of
records, papers, and oral testimony.
Can We compel the production of these
while they are wanted for purposes OF
trial at st. Louis? Certainly not. II
the military be, as the constitution de-
cIares, subordinate to the civil author
tiles, shall we proceed without evidence
and give an opinion in ignorance of the
facts? That cannot be the wish of any
body. l take it for granted that the
trial at st. LOnis will be fair as
well as legal, and that the
| judgment will be accorded to the very
truth and justice of the cause. 1t will,
| without question, be binding and con-
| elusive upon us, upon the government,
upon the accuser, ard upon all the
world. If he should bs convicted no de-
cisiOn OF OUrs could rescue him out OF
| the hands of the law; if he is acquitted
| our belief Of his innocence will be OF no
consequence. If we anticipate the trial
in the civil court our judgment, Whe her
for the accused or against him, Will have,
and ought to have, no effect upon the
| jurors; it cannot even be made known
| TO them, and any attempt TO influence
it thereby would justly be regarded as
an obstruction of public justice. On the
| other hand, his conviction there would
be conclusive evidence of his guilt, and
his scquittal will relieve him from the
necessity OF showing anything but the
record. l do not propose to postpone in
definitely, but simply adjourn from day
! to day. Evidence upon the subject of
our inquiry shall receive that definite
and conclusive shape which will be i'm
pc ssed upon it by the verdict of the
jury, or until our action having been re-
ferred to the war department, with cur
opinion, and that our proceedings
should be stayed until the pro-
ceedings of the court Of law shall
have been confirmed. In casa of
acquittel by the civil court, the functions
OF This court will not necessarily have
terminated. The &C used may bs pro-
ntunced inEOcent Of any crime against
the statute, and yet be guilty OF some
act which the military Law might pun
ish by expulsion from the army. In case
OF acquittal, he may insist upon show
ing to Us that he has done nothing in
consistent with the conduct of an offict 1
and gentleman, as the articles of wal
run. But the great and impor amt
question is, is he guilty or not in the
manner and form as he stands indicted?
and this caif be legally answered only
by jury of bis country"
The judge-advOcSte then said, in sub.
stance, that the court had not been fully
organized; he had received q communi.
cation from Gere al Babcock, which he
submitted to the c0uit. This coInmuoi.
cation requested the court 10 adjourn fCl
; the present, in order to admit of his ap.
pesriDg in st. Louis TO answer there the
charges made against him by the ST.
Louis grand jury. In view of this com
munication, the judge advocate sug.
gested that the trial be postponed for the
present, and that the court communi.
cate to President Grant the state OF the
case, with the view that the court might
ADJOURN to meet again at the call of the
President.
The court room was then cleared oI
spectators for cJnsultation. On reopen.
ing the doors it was announced that the
court would adjourn from day to day till
its action had been communicated to the
war department, and adjournment was
Immediately announced till noon to.
morrow. Judge Advocate Gardiner en-.
deavored TO impress upon the representa-
tives Of the press that the remarks Of
General Hancock were not the Jesuit o
any deliberGtion of the commission
However this may be, it is well known
that Lieutenant-General Sheridan ex.
pressed similar views fOIe the eonven'
ing Of the court, and held that 1t would
much better for Genera Babcock and al
concerned for the court to await the re
suit of the examination before the civil
courts.
EFFECT OF HENDERsOE'S SPEECH IN
THE CABINET.
WASHINGTON, December 10. - The
cabinet session to-day was Of unusual
length, and the attention Of the Presi
dent and his cabinet officers was direct
ed almost altogether 10 the subject o.
the whisky fraud trials in st. Louis
Attorney-General Pierrepont, who re-
ceived in the noon mail sworn stste
meats of special counsel, Mr.. Hender.
son, presented them to the meeting, anC
careful attention WAS given to its read
ing. There was some conversation
afterward upon the construction to bt
placed upon the remarks of c-unsel, al
presented by him for the approx Il or dis
approval of the department OF jus tice
but nothing In the nature OF a discus
sion; and it was fully sgreed that the
remarks of Mr.. Henderson were in nC
regard justifisble, the members Of tht
cabinet expressing themselves withou
reserve in this matter. The Iesult wa
, that 1t was determined 10 have q cba baDgi
made in the special counsel, and the 81
torney-general Irepaled the followinI
dispatch, which was telegrap ed L
United States Attorney Dyer late thi
afternoon:
RENDERsoN.,,DIsCHARaED.
DEPARTMENT JUsrIcE,1
WAsHIEGToN, Decem Ger 10, 1870
Hon. D. P. Dyer:
The sworn report OF the Henders1