Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1876-02-11
BABCOCK.
Testimony OfGauger Bassett and Abjah
N. Eyerst, the Friend Of the
Poet Joyce.
Evidence Of the Latter Objected to
Decision Of the COurt-"Bab" all
Right Yet.

BaSSS[E, 3 gaugeF III luo IlHB' Oo90Ote
| testified as to the operations which came
under his observation in 1874 and the
winter and spring Of 1875. He acknOWl-
edged that, acting under Instructions
| from superior officers, he connived at
| frauds while at Bevis q Frszer's rectify-
| ing house, and used to find on Saturday
| evenings an envelope In his oyereoat
| pocket containing from one hundred to
| two hundred dollars; two whisky barrel
/ heads with the gauger's stamp upon
| them were produced in court, and the
| stub-b books from which the stamps were
| taken, and on comparison it was shown
| that in each case the stamp on the bar
| rel registered the contents as forty
| and one-half proof gallons, while the cor
responding stub reported only five proof
| gallons to the collector for taxation; the
| witness also explained what is known
| among the revenue officers as form ~,
| and told how the disposition Of Illicit
whisky was covered at the rectifylng-
| houses.
Mr., Bass,tt was followed on the stand
by Abijah NJ. Eyerst, who testified that
he became the collector for the ring in
August, 1874, and continued to act as
such until the seizures in May, 1919.
| TIE collections during that time were as
| $1,000 to S27OO; Bingham's, $500 to Sl5OO;
Jonett,. $500 to SLIGO; Cnouteau's, $500
| to SLIGO: BsyIs d FrszeT's, 5000 to
| S27OO. Coming down to the spring OF
| 1875. either late in February or early In
March, Everst said Joyce once sent
him to the sub-tressury with package
| of one thousand dollars in small bills to
get two five hundred dollar bills. He
| brought them back and Joyce put them
| in envelopes and told him to take them
across the street and put them in the
letter.box. Witness said he did so, and
was asked if he observed the directions
| on the letters.
Before he could answer the defense in
terposed objection, claiming that the
prosecution were now trying TO snow
| that Babcock's name was on one OF
these letters, and that the evidence was
not competent. A long argument here
ensued.
Judge Krum held that this evidence
is incom petent, because it is intended to
show that the envelopes, or one OF them,
was addressed to the defendant. Judge
Porter, following Judge Krum, stated
more specifically the grounds OF Oblec.
ton by counsel for defendant against
the mode Of prosecution adopted Dy
counsel for the government. W. II.
Storrs followed, and gave pretty mucn
the same argument as Judge Porter, ana
added. s'There is no evidence thus far
to show that money was ever placed In
those envelopes. Might there not have
been dexterous manipulation through
which the witness was induced to be-
ffeve the money was put into the en-
veIopes, but which, in fact, might have
slipped into JOyce's pocket, or else
where? There is utter absence OF proof
to show that money was ever sent for
corrupt purpose. Men cannot be con-
iectured to the gslloWs or guessed into
the penitentiary. The principal ques-
ton is, does the deposit Of this envelope
in the mail-box prove that it was ever
received"
Judge DiIIon-I understand that the
prosecution hold that the deposit OF
letter into q mail-bOX, addressed TO
person, raises the presumption that the
letter reached its destination?
Judge Storrs-That is what they claim
but we deny that there is any legal pre-
sumption OF such result.
Judge Dillon asked the witness some
questions pertinent to the objections
raised by counsel for the defendant, and
then adjourned court to three O'Clock II
the afternoon, requesting counsel 10 senO
their authorities 70 his room.
Upon the court Teassembling the ludge
stated that he and his associate Wer'
both of opinion that the testimony ob
iected to could not be entertained by the
court; if that were the sole evidence u
be adduced by the prosecution, II ID 10
the jury, under proper instructions OS
the court, to look at the latter if 1t wa
| a in nnnnnRftOn
the other circumstances in evidence.
Mr.. Eyerst was then recalled to the
stand, and testified as follows: Colone
Joyce handed me two envelopes and di
rected me to put them in the letter-Oox
which did. Joyce was watching M
from the window Of his office; wa
fearing him, and could see him watch
ing me: saw the directions on the en-
veIopes; one was directed to w. y
AVERY, Washington City, and the Othe
TO General o. E. BsbcOck, Washington
> City; each of them had personal ol
the left-hand corner; they were ordina
3 ~ envelopes, and had no printed mat
ter on them or other directions, excep
what l have stated; they had pOstag
! stamps on them; L did not see Joyc
t any more that day; l left the city Jun
: 10, 1875, and went to New York city
A and from there to Liverpool; l left Liv
erpool last Christmas and arrived L
New York on the seventh OF january
never saw General Babcock before thl
I trial began.
Cross.examined by Mr.. Storrs-I hay
O been in this city since January 2Othj
= cannot tell the month in which MALE
: the letters; it was in either February
: March, 1916, but l am not positive as
A the month; 1 think it was in the latte
part of February or the early part
f March; l got the money hrst from u
o supervisors office; Colonel Joyce stoo
+ in front of his desk when he put tn
money in the envelopes; the envelopt
!. were on the table: when 1 handed hiL
y the two five hundred dollar bills the
sat down to his left; l was watchin
him attentively; he first took the tW
envelopes up, took the paper out OF OF
It of the envelopes and put the bill I'M
Y did not see him put the other i've hui
n dred dollar bill in the other envelOpt
1f ana not positive thai he did put 1t IL
10 whether it was the letter directed
q BabcOck or to Avery that he put the bi
in cannot say; when l went to Live
l. pool had no special business ther
le except to get out OF the wa.
e. I knew was in the whisE
IS ring, and l wanted 10 keep out
trouble; went to London and Paris 8
ter leaving Liverpool; then went
Rome, where 1 received letter fro
nv brother to return home; he did u
D. tell me it was safe for me to come, and
le did not think it safe to return; l m
te Colonel M'Fall in New York, but t
re meeting was accidental; from New Yol
as L went to Philadelphia, where L 10
zs District-AttOrney Dyer; be came to 8
e. me; told him just what Ihave testif
u, to; told Colonel Dyer since came he
what I would testify on the stand
told him l could not be positive Whl
envelope saw Joyce put the hye hu
ne dred dollar bill into; there has been
We pressure to make me remember 70
iLs there was q five hundred dollar
H. placed in both envelopes; when "
o, before the grand jury, and on my dlrs
nd examination, said, 81 presume |
a second five hundred dollars was put
lal the other envelope as well as
the one 1 saw; do not know Whethe
or have been indicted here or not; t
papers say 1 am; made no inqu
nit about it; / have never been arrested
-, 80 indictunsnt. can't say why; tn