, 1876-02-20

| not those innocent letters produced, or wby j
| not Mcdonald put On the stand to testify? NIai
| G11tneH recognized in that simple fact stront
ground Tor suspicion. 40 strong in fact that b,
boldly asked Mcdonald il Babcock wore in thi
| thing, declaring that il he were hs would hav.
nothing more to do with him. There wor,
many things which might haYo been explained
BY the defense If Babcock mere innocent. As th,
witnesses to so explain are Irving and accessible
Avery, for instance, might hare telegraphet
that he did not receiye that letter iuclosug $500
which was mailed at The same time as the o.he,
was mailed to Babcock, but they did no.
see TT to put him on. It had been said thai
Babcock was 3 victim OF misplaced confidence
He was the innocent babe Of Washington Citv
10 was born aud reared in Vermont, educated 8!
West Point, MAJ OF large army experience
and finally an occupant Of q position the dutiet
OF which vera y8ried and important and which
required tho disbursement OF half = million dol
lars yearly. He the victim Of misplaced conf
dence ?
The above are all the points touched upon By
Col. Broadhead, and show what parts Of the tes.
tinony the prosecution most rely upon to MAKE
their Case.
The Colonel closed NTH tho admonition that
tho jury bo not influenced By the consideration
OF position, but that il they found that cotrup.
ton nestled within the Whte House they crush
it out. He said he had a confidence that they
bad the manhood aad frmusss to render vor-
dict according to their conviction.
STOKES AR0QHENT.
On the reassenblinE Of the Court this after
noon. Mr. storrs opened the argument for tho
defense, Ho asked no consideration for his
client because Of his position. but he asked and
inaisted upon. aye, demanded TINT the testimony
in the case be weighed with the same
that in a case wherein the humblest
newsboy we're on trial. He cautioned the jury
against permitting themselves to be swept OH
their feet by the terrible storm of excitement to
which the Whisky Ring developments have given
1ise. Be characterized the Court as in it's higher
eyes Of forty millions Of people are directed, and
particularly to the jury. He regarded public
opinion when all the facts in q case are before
tho public. and when the fever Of wrongly-in-
dnced excitement is over, 2s fair and just, but he
reliable in the administration Of JUS
tiso since that day, 1000 years aeo
seat and insulted Heaven With the cry Of "Cru-
city him Cruelty him." A conspiracy charge,
result in one mans Punishment for another
mans crime. znd this but makes the necessity
for positive proof Of guilt the greater. He said
that the Government during the past year have
made great and thorough Preparation for the
trial The cradle and the grave has been robbed
for evidence, mud the sanctitY OF privileged
betwean counsel and client had
been invaded, but really
NOTHING HAD nzES ADpUcED
to prove tho defendant guilty; Only three
purposeleas, meaningless kilograms
had been found in his handwriting.
He paid high tribute to Col. Broadhead's
abilities, but said bis argument had no heart in
It, but Was given aa ths best that could be done
Tor q bad caBe. The Colonel seemed to hxye for
gotten, or to have determined to forgot, that
'umes man innocent till bis gnilt is proved
iIr. Dabcock had come into court, however
aud clothed with that presumption.
Tho jury could not but know oyery speech that
lad been made in the trial denied him that pre-
and finally, in the summing up it was
Isked not that ho be convicted, not because his
,uilt had been proved but because he had failed !
Q introduce testimony to provo his innocence.
10 asked the jury to read the telegrams In
in tho light Of the days they uere
vritten. and not in tho light Of to-day, which |
3 o false light. Read them, remembering
Donald were occupying trusted positions, not ]
8 to-day, bankrupt ia position and character, |
nd in the felon's cell. I Charge you, geutie- |
non, to 60 through and weigh every word from !
he witness stand. Say to me where is it !
houn that Gen. Babcock had reason to eus-
ect Mcdonald and Joyce engaged in q con-
piracy OF this kind? Where is tho eyidence7
defy any man to point to the spot
+ pisce which indicates that Gen.
;ahcock knew The corrupt scheme in which !
duh JOJEO Wei 06uEaHcA- N1l. III
cad tells you conspiracy is . hard crime to
roFe. That carries
LURKING IDEA.
ecause ditdcul: to prove, therefore. gentlemen,
o cordially invites you to assume crlme which
not proven. Gen. Babcock never saw ono of
,ese distilte1s. he is as ignorant Of the frauds
, Fitzroy is OF the teaching to be drawn from
,e story OF Anan1as and Sapphira. But one Of
,ese dia!,llers who hnvo been defiling this place
ith their degraded presence knew Gen. Bab-
'ck, saEe by bis reputation - public mao.
Counsel reviewed tho testimony, beginning
ith tie dispatch OF joyce announcing Ford's
:ath and asking the President about the sue
ssor; those from Ford'a bondsmen, askiug the
,poiutment OF Constantine Maguire. The
resident sara to Babcock, TEL all applicants
at an appointment will not be made a. present,
not until the s1resiss OF Mr. Ford aro con-
lted."
And now 1 come to the first dispatch from
en- Babcock to Joyce: "Get Fords bondsmen
recommend you" Gentlemen ne have all
en in conventions; have seen ,. candidate,
,rship the riHing sun, rush to the
,nt. and move the unanimous election Of bis |
al. So. after the President had made up his
ud Joyce rushed to tue front and recon-
snded Mcguire; then sends to Dsbcock: '+see /
spatch sent to the President. We moan it.
nm" Col Droadhead asks what 1t means. {
In, lust what it savB Joyce always did attach !
Dre Importance to his dispatches than anybody t
e. ..Mum" about what? Men are not t
eran1ious when they have been can
1sueS luovn. joyce says to Babcock: II join
eerfully in Msgnire's appointment; but )
nj let those fellows know have been can !
late" In the presence Of these facts de- I
nuce the charge made against this defendant 9
participating IL tbs appointment OF MsGure ).
guilty puTpose as wicked and cruel we {
ssass the physical power to do certain things, :
vou have not the power to deduce Euilt from a