Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1876-02-09

were to do.
Judge Porter interrupted Colonel
! Broadhesd, and stated that counsel did
not meet the question fairly. The Ques-
| ton was "whether the prosecution iu-
tended to connect defendant with the
conspiracy Of 1871" We have it openly
avOwed in deliberate Argument by the
| government that there was q conspiracy
| in 1871, and which eEdsd in 1872. The
same counsel calls to the stand witness
who says it was closed in November,
| 1872. The man who organized il LEFT it
| and went away, and the etTJrt is to con-
meet defendant with it. We submit that
| they connot resort to such means TO
| prove the connection defendant had
| with this conspiracy
Colonel Broadhesd replied that the
| prosecution did not admit there was s
conspiracy commencing in 1871 and end
Ing in 1872. 1t YVES continuous from 1871
to 1875, when the strong arm of the gov
ernmeut stopped it. MAY we not estab-
lish the fact that Megrue wss only an
Cfhcer OF the ring, and was discharged
when he went Gus and some one was put
in his place. We do not claim that the
defendant was connected with the con-
spiracy in 1S7I."
Judge Porter was very glad the gentle
man so frankly declared that General
BabcOck was not connected with the
Megrue conspiracy; but is it fsir for the
government to turn an Indictment charg-
ing an intention to make Illicit spirits in
1874 into an excuse to go back to a con-
spiCaey with which it i8 admitted he
mad no connection, in order TO convict
him?
THnn cafI. 4 ar-t "a Nd
it, the inquiry OF the witness is as to
what took place in 1872, and it is OBJ
iscted to on the ground that the con,
sp;racy of 1872 ended in that year and
ia not connected with the conspiracy
charged IN the indictment. Counsel
stated in the opening that the conspiracy
with which the defendant is alleged to
have been connected commenced in
1871 and extended to 1875. Colonel
Broadhead says the government has no
evidence to show the completely OF de-
fendant with the frauds committed in
1871 or 1872. II it we're a fact that the
conspiracy ended in 1872 We should hold
it irrelevant to admit anything further
concerning that time. But 1t is not adj
mitted that the conspiracy ended then.
Mr.. Thompson used Language which
seems to indicate that the conspiracy
ended then; but that is the view OF it
from his standpoint. at present We
think you had better direct your Rtten-
ton not so much to the conspiracy in
1871 and 1872, as to 1873 and 1874. II
we can see, when the case is all in, that
the conspiracy Of 1871 and 1872 IS not q
part of tbs conspiraeias alleged in the
Indictment, and that the defendant is
not connected with the conspiracy In
1871 and 1872, then we can act On the
testimony already presented, and rule it
our" The court then adjourned
Hon. e. G. Bregsley, OF Washington,
one of General Babcock's counsel, has
been so indisposed, since his arrival here,
that Re has not appeared IN the case,
and left for home tonight.
INTERVIEW WITH "BAB."
New York herald, 6!h,l
Your correspondent accidentally met
General BabCock in q hallway Of the
LindeiI hotel tonight, and, being well
acquainted with him, had no hesitation
in opening q conversation on the inn
pending trial. Mr.. Bzbcock was in q
tallxati7e mood, and, leading the way to
seat in an s6jscent parlor, said sub
stantislly:
"I did not come here to be interview
ed, but I will Say this much: l am as
innocent as 8 babe Of the charges
brought against me. If an earnest fight
can secure acquittal am going to get it.
I have ten lawyers retained, comprising
the best legal talent in the country, TO
each of whom 1 have paiG heavy fees.
The trial will impoveEish me-ln fact
has already pra 3ticalIy done so-and it
is quite probable, before the end has
come, that l will have to accept soma OF
the offers of pecuGiary as distance made
by my friends; but If [ csn achieve q
vindicatiOn 6f my character, as believe
| will, / am willing to relinquish every
thing l have in the shape Of property or
money. My lawyers tell Lne theIe Is no
reasonable danger of conviction. The
chief thing which ! fear is the jury. 1t
was 8 damned shame TO convict Avery,
and the verdict of guilty against M'kee
shows that the jury was overaWed oy
public prejudice"
"Do you know Of any evidence against
you beyond the dispatches which have
been publishedY
'I know of nothing and, as far ss am
informed, the government is relying al
most entirely on the kilograms, Ine
true nature and puIpolt OF these dis
DALcutS WIFI DC C4 DlGlACu1 L thAhng W
the satisfaction Of evsry reasonable and
candid person. Daring the past nine
wears l have written many letters to
friends in St. LOui9, but all OF q
personal or social nature, and l can
safely defy the attorneys for the prose-
cution to produce even q suspicious let
ter against me. Joyce was my special
friend, and, although he now wears q
striped suit, I think he has been harsh
Iv Judged, and Is q much better man
than thousands of those now prosecuting
him. The famous '5ylPh' dispatch, OF
which the Herald published q fac Sin1ite,
was purely social affair, in which the
signature 'Sylph' was used as joke,
which / will explain when get on the
stand.n
"General, they tell me that Con.
Mcguire, the eX collector, who pleaded
| guilty the other day, will be an tDpor-
tant witness Fgsiust you. Is it so that
Mcguire is in possession CT any dsmag-
ing facts against yoU?"
II never met Mcguire but once in my
| life, and that was when was hfra lasg
wear ut the fair with the President. Ma
| auire came up to us on the grounds, and
| the President introduced me to him.
| That was the limit of any transaction l
ever had with him. Mcguire was not
then indicted, and IS far as know, not
suspected of completely in the whisky
ring. never wrote him letter in my
| life or conveTsed on whisky matters
with him, and therefore it is impossible
that he should be in possession Of any
| damaging evidence against me-. Thsy
| tell me Mrs. M'Kee has some document
ary evidence which she will use against
me to help her husband out OF his dtfi
culties; but I do not believe Mrs. M'Kee
ever saw any writing or letter concern
! ing me or my affairs, | had no intimate
acquaintance with M'Kee, and never
wrote to him in my life"
why have you such mortal dread
Of these Missouri juries, Mf. Bsboock?''
"Well," replied the Presidents pri-
vate secretary, sin the frat place,
! have been assured that sll the juIies
which have sat 10 the preceding cases
are under rebsl influence, and that they
dare not aequit man who has been Of
| ficialIy connected with the Grant ad-
| ministration. Furthermore, l am told
/ that the district-sttOrney and marshal,
in summoning the jury, have selected
| dsputy-marshal5 who go into the coun-
try and subpoena men they have known
! for years, and who they know will de-
! eide in favor of the government. By
I -f,az. 4