New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1876-02-23


ing argument this morning for Gen. Babcock He
began with complimentary references to the kind
ness and marked attention With which the jury have
listened To the evidence which the defense to
feel that they are before jury not preudiced III the
ease. 1--WE believe said he, " that had the evil
dence been such that you must have found verdict
Of yuilty which woud have blasted this young
mans future, you would have done SO with sorrow !;
but now that the testimony enables you to pro-
nouncc him innocent, you cannot but rejoice at such
a conclusion Judge Porter continued TO argue as
follows:
cENSURE UPOS IRRESPONSIBLE PAPERS.
have known Gen. Babcock long and Intimately, AMI
appear hero as his friend rather than his lawyer The
defendant il the son Of an American yeonan ana mas
earned not sought the positions he has occupied Tie
counsel in this are 10 be conplimented
for their ability bur they have ed This case wltha bt
tcrness toward this defendant which never saw
eqmIed In state Prosecution Thry cFmtntly ieei
that every stab the give this defendant !. really thrust
through hun at the Pr sidcnt hms IT, Wa ihey 'hoai
strike Gen Grant don't know. unless they thlnk MS
testimony ntanls between these TWO tmiNeh'
ccntlen.u aud new professions, y 1,,ni,;
" his by the press ~ hiS Deeh cbuS'l IN e pa
pers boldly that for years he has cen IN weekly receipt
~ this blood money from the - Louis Ring; mat j" re-
ceyrd by pa' ka@es ~ onch me ehrress, ny irS'ie
letters and by checks; that he ackno|l dyed the re lpt
npon his money Gen. Behcock grew suddenly rich; ,hit
ne lived in luxury, and moved about IN paIatlh 'N;
"a o.
in the lily Of Washington, and has "ll"i III tfne,'o
cUus'ructon. Every enemy OF Gen. Grant |ilhiu ana
without The Republican party accepird ,n.as ,mis -
To illustrate this point, recall Tie trial 81 Andrew JOHN
son VINO VS. r n AM rQnlrnnen ~ onn Nnoo pT n
~ the country, Almost "llhoh ih rNcepl"n - VI
cl,ur President without party and he was NOT elected
g ne h m. Ioe rom NJ. Old affiliations he WIS de
nounced ns a traitor an1 surrounded b} enenies, VINO
TIRE ltened ms e aud bis character Articles OF ru,
pcachmcnt were lr and HS1S' u,hi ~ w ~, , ~
Representatives., and he was tried before tc isb~t ri.
hlIa ~ land The senators were Presided oyer by
Che.,Justico Chase; They were many 81 them rs en-
mics. hnt dropn- their cdarcirrs ~ sen oIs thr' D
came sworn i.ors. Andrew Johnson was acquitted AMI
The newspaper Judgment Wa Irrered RE , n 10 r
drawn ~ t no man be convicted OF crime "ith'u h2il
There il great difference between this case as tho
newspapers axe ~ out and - District Attorney Dyer
Laid II down hi. opening. These statements Grated
ftom new spact cwsplp"r. dN ndlrf down i'o tWo
three kilograms In i've years The p.tn,t-Altoihey
acy iIc admitted tnat money had eyer been paid Ia
the defendant directly su ne promised 10 provo 1""'
money had been RENTED him ny mail!
IIiE fOSsPiRACY ADMITTED.
will not 20 into thc evidence dctsll s5 that has
be. done sufficiently D. my colleague, Mr. Storrs' Ont
viii notice 81 the general ieoeres II Is An nndi'
pu,d that th,re was nefar!ous conspiracy III ~
outs IN 1871 and 1872; but IL admitted hy 'e Gov
crnmcut. when the question wa9 pug to- thca by the
CONT at Gen Bab.ock had no connection Win lhat
conspiracy IT, 1873 II new conspiracy was formed
Whion continued until tAe order chan -ipg the cuici
y,.or. I'm tine Winter III 1879. ON the super
Tdtton the pan ot changing Nu"rVi1prs was E;th
uian which TuttoI rccOmno ndcd ond th, secretary ana
tnc President aeccpcd. II Vas the carrying our OF
this Latter plan which led Ia nil this oNpOsr This plan
ia appryed by y0u by rs. the whole country except
Col. BrOddhead, MAO argues that ths II Su'h' Eau no
riglt u change his plan
tRptiNAIfrY OF JOYCE AND NDONAID.
THE next step 10 the argument is with reference 10 the
knowledge AZ WASHINGTON respecting the ~ & hero. In
The sprin of 1873 Juyce and MoDou i'd, for reasons
given by thcn resigned Think you that th'r resgna
tons would have been accepted had their connection
with tho conspiracy been SHOWN In Washington When
,h. di.er- and rect-rs told their story before the
Grand Juror last sumner the District Attorney lcarut"
how doepil Joyce and Mcdonald were cnhcttiei, AM
Ma, a r,, Indicted hnt fho evidence * inst .hrm
MOI ,pouu Later Joyce was ind cte1 III tnOtA"r lis
trig. fur various macarauceN IN onre, tr~l, ahn con
yicteI In tl way the roa ease against Mcdonald
concealed In midsummer Mcdonald Was ml."ird His
,ncrea doubt pellevcd him guilt. "a "a" %a-i bn.
with tie TACT Of he indictment there "a' rfcnatNn ID
La. paprr. III, Oldest stories IN tho Treasury Depart
ulcu Vas ia istlue with Mcdonald. aud thaI even w
Pr.-den himself implicated KNOWN me tRi>lty
Of part of sforioS Il npurJ hht IN tshin&
ton WAS bcleNed chat these btuilrrs 10 bhclu tein
c- hd sworn falsely against McD"nad u was NOT
.tey,d ili,t guilty until lost NOtehiorr, "Iie
0n hi. trial thu legal evidence prOFed nm pe3o'I "i
,ioubt 10 baye been involved ~ the conspiracy. NOW
There ~ - common apburrence "f taxation aud stIuE
temptation II avoid II. TD're u no i1sDt tlne
e si err, ri; inc unjust aud, white Ihl> ciu
MOI ns,f. thcm llrT Grim, WIZ imicas ~ lSs nm
n4t u 49, officials. Gehtlenp, yoh wouid MOI to-day
m mt o the defense. lie has been proven lar, rrr
i,,sI ana - tairL Yo wouh not believe BIN on oath
AMI ", n'y ask You 10 believe MIN uh-""li wiis'' ne
w,,stltus what was in his own interest, Ih,y ~1htt
have JOyce'S own VOID that Cen - L. .AD'o""
A.ton wspupcr assaults which have been made upou
the IT., -dcn, IN connection Win ths mattel even me
yn.ent papers have not Ntnuu Ia 'aiG ha, lhc
President Nas phvy Ia Tie cHnspill y, Dat tlity nave
made cuyert aud cowariy Institutions 10 tnat purpose
iusinuatous shoulh De p.Ohsht lIou thell
nilng places Gamer tno President was ~ lie Wa NOT ~
Inc praurlt shoald violate ns oiic1t ottn by con-
.;nrry with r1Ugoy ami tlc rest or tine can la "tdt.
aat ure three years these cJ-oO-pritors might
nave grace 10 send 800 TO ls prlvae TccrtiaS 10
be divided between the twol The prosecution w0uld
have Dcno> ell that the President from "hOh 90" ny or
re- e,ycd aa appointment, ana at whose sugge ION Col
Broad cad chosen i0 assist IN the prosecution was
uabe IL the iace, too OF GIs INJUNCTION 10 III. STsrr,ay
uf the treasury lat no guity luan estapr b,ctus.
told the Iacts within Ills knowledg" thh ney lhiki,
member ~ his household. And VINO WAS the ihah mus
ass,llrd what ns an.oceienisi The PRESIDENT IA
rrcos ulvd in Europe IA tne foremost piesenta.e OF
American character and such insnuatiOns are WORTHY
OF tnr contempt of honest men,
THE FiIIBUsTERrRs IN THIS CASE.
The defense had inerposed not single technical Oh
econ 10 the Introduction OF testimony although some
newspapers seem deem all objections ~ technical and
tina, man has no right object to this introduction OF
unsworn statements OF irresponsible persons The prose
cutIon rather mas nterposed oil the technical objections,
~ "a. record viii prove, ana tls II inc nrst tluc thc
.pe.ker eyer saw casc with record. Before ihe
se came 10 rial himself ANA cocOunse arrived at The
,oncsOn that the ind ctuicn could ne qnased on legal
yrn,nd, without trial and determined To make Inc
EFFORT but Gen Babock stoutly opposed such couree,
and Instructed that no technical points De- raised " pe
vent thorough examination OF When the evil
cnco was all n the had elt satisfied that tlere
were good grounds for asking instruction for aequtt
becars of the nj ter absece substantial PROOF ncnc
tine motion was made. 1he Court decidedtnat III View Oh
the conflict Of authorities IL would I've SAFER 10 iel lne
case o. no tbe Jury The defense regretted ~ course ts
decision but acquesced in 1t AS the result oi proiouha
consideration by pure and learned tribunal
judge Porter continued at great length ana MADE
very eloquent and Impressive address lac decs'ea .'
the trial would rum Gen. Babcock financially, but that
e defendant would leave the Court rich in Vndcated
reputation Judge Porter introduced some extrancous
matters into his speech and interrupted and stopped
in HE references them by the Court ,o Dyer VIII
reply 70 morrow and II thought the case will ~ TO the