New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1876-02-11
THE PROCEEDINGS IN COURT.
[. - NJ Al NM, nI.nAIl- IL

ST. LOvIs. Feb l0.-ln the trial of Gen.
Babcock to-day The first witness put upon the stand was
William j. Bassett. glngcr. BaSset testified ~ IL the
operation. which under his observation IN 1874
and 1870. lie acknowledged tat actng under insiruc
lions nom superior Oiccis, ho cOnDlled al frauds while
~ Bevs Frzes rcctfy ink house aud used 10 find on
saturday envelope in his overcoat pocket
containing from 500 to 500 Two WHISKY barrel heads
with the gnugcr's stamps upon them were produced IN
court and the stub books from which the stamps "er0
taken comparison, II was found that IN each case the
stamp on the barrel registered The contents AT i62 proof
gai,u. while the corresponding stub reported only five
proof gallons to the collector for taxation.
Abilah NJ Everest testified IA follows:
became the collector for the Ring in August, 1874
and continued To act sch uhtll TIE seizures III Nay,
l-73 the collections DUNG ina t' ran 10 l'" oS
during each week tirc's disti'ry, $1,000 10 SZ'.ooi
Binrhuns, 5000 Ia - 100; Jolct. 5000 to - 100;
Bryis \ Frrzcrs - 600 10 5000; Joyce sent me 10 the
sub Treasury with package 81 7lOoo ia rilil pie 10
get $500 bills drought them back. and joyce put
them envelope aud told rue Ia take them across the
street .ud put them ia tno lcitetboN | did 80.
lie was then asked II lie had observed the directions Oh
the letters Before he could answer the defense inter
posed objection claiming that the prosecution wot
now try Ia show that Babccci name was On one of
the letters and that the evidence not competent.
long argument cusueG. The question WAS rs To the com
pence of the evidence II they had found the letter IN
the posse. ,ion Of G,n. Bahcock, the law would not
cbrrEc Inn lth knowledge OF its contents unless he
acted urOn it, The defense declared that II was letter
they never saH dLd heard Of until these ruinors
here about IL. When II l. made AN act Of Cen Bnbcocb
il must be proved by other oct of his. aniccedcnt
10 the time II was sent the evidence is irrelevant on It's
face There only naked Enclosure. "ls 1t clear
asked the counsel that the mailing OF polluted money
To your Honor my self would make us members OF
the conspiracy We submit that II would not. And we
hold the testimony Of the witnessrs to be totally iree
want"
Col Brodhe aI sY the Government. claimed 1t Wa not
n question as to testimony, but rs 10 competency, and
that is ali the Government claims for IT. lie SAN
We claim that il Ia competent TO show whether Gen
Babcock was member the conspiracy; we don't say
that il ID conclusive to that point wo don't say mat
This IA NIL the evidence have to submit on that point
but We must make "a start and introduce part o tie es
mony hero and part there TO establish tho charge No
propostou in the law of evidence is more thoroughly
established than that jury any other tribunal may
infer from fact the existence Of another fact sup
pose murder has been committed IN an orchard aud
on his shoulder about the tme OF tho huldel,
and KUN had been discharged. That does not prove
that the man committed murder II does not prove t.at
he discharged the gun yet the Court IN The tral Of the
would tell the jury That they may rF tne ct-t
ence o another fact from the established Thi- H~e
exception to that rule We don't claim conclusive
proof OF pay by the witness, but Only pFeshnptho
a Is tried in our courts that the JURY - nor con-.
PEELED 10 consider some peslmpye TACT ins et,. ,
/. more less connecting him with this conspiracy
A X. storrs gave pretty much the same argument as
Judge Porter. and addedi
There no evidence thus far 10 show that money was
ever placed in those envelopes Might thefe not nave
been manipulation by "hich Tue WI mess Vas
induced to believe the money was put INTO tne evTop,
but which fact might have slipped into joyce poeket
or else here Their utter aboence oi proof To show
That the money %as tSSs into the sow
into the penitent The pivotal question docs the
deposit OF this envelope into the mall Do1 prove 'h"tH
wss ever tceiycdl
Judge Dion-In order to have this properly put to
hi