The sun. [volume] (New York [N.Y.]) 1833-1916, 1876-11-23

even driving out once every week or ten days to
look after his farm, which Is distant about nine
miles from the city. Avery wanted Ben Butler,
and 90 did his wife, Out both Babcock and
Iuckey cdvised against II and said krum was
sufficient hat there was no case tgainst him
that IT would only be an additional aud useless
expense to retain another lawyer. Still, at the
cernest solicitation of his wife. Avery raised
$500 aud retained Gen. Butler; but when the
trial came on Butler, although furnished WIN
ticket aud slccuirQ car pass To- r.. LOUIS iail'
to tut in an appearance, very much TO MS uh-
fortunate clients iegret
Tptothe very time OF the trial Luckev kept
at Avery s. ear to encourage and hold out f'l-e
hopes. A dav or two before Avery's tri | COM
menced. Luckey came to ~. Louis and remained
there til after Avery was convicted and all the
time was in constant communication bv cipher
telegrams with Babcock. Avery trusted krum
entirely, and placed all the letters he had re-
ceived from Joyce, McDonad and Dabcock In
his hands, to be used In his defence " It became
necessary. Thoy would with corrOboratng
testimony, have proved perfect Defence be-
cause they would have shown conclusiyely that
he had steadily ana persistently refused 70 give
the information which the cOnsprators wanted
TIL he was instructed so to do by the President
Of the United states.
JUDGE KHUMs MAIN OBJECT.
But Judge krum was anxious above all TO prc
tcct the President aud Dabcock. ..ttcr the
telcs gains Of Joyce TO Bahcc,s and the svlph
despatch had been .ut in evidence in his case
by Hender.on, Avery was urged by his wife to
,nsist on the use Of the Joyce ana Babcock
letters, but Judge Krum only placed three OF
the unmportant Joyce letters In evidence, clre-
fully Withholding along with the rest the one
endorsed by Grant. The request which Avery
had made was commune ated by krum to
Luckcy, and Of course lac was alarmed. They
reassured Avery by telling him that he would
get a new trial, and then the excitement having
| died out somewhat, he would certainly he ac =
quilted. But from that hour LIckoy and ib-
| cock began to work upOn Avery to induce him
to destroy all letters in his possession. The fol-
lowing letter from Luckey Is a specimen Of the
| communications almost daily addressed to
Avery after his conviction:
EXECUTIVE MANSION, o A. NJ. Dec. Q, 1875.
| DEAR BILLY: have not yet met man " no
saws there is any earthly show OF a case against
| YOU. | saw Bradley lone OF Babcock's lawvers)
| last night. l don't anticipate any unfavorable
results. The ship should never be given no, no
| matter what the storm may be; no one knows
VIII may come up TO set tue worst thing
81 atght. Keep no letters or memorandums. OF
| anything that might fall into the hands Of any,
body. Keep nothing about YOU which In mo-
ment Of trepidaton had better been destroyed
| I am very earnest about thus, and shall never
| lose my shtction Tor YOU. LEVI.
on Nov. %. 1878, District Attorney Dyer had
| Informed the Attorney. General that he had
Sufficient evidence to connect Dabcock with
the conspiracy to defraud the revenue" and
that an Indictment would be prepared and laiC
| bef re- the Grand Jury for action thereon
| \ naturally, therefore, Babcock and Luckey wer,
| "very earnest" in desiring Avery ITO keep NJ
letters or memorandums that might fall int,
| tls ,It hav I'm aus
that he had sufficient evidence to convict them
both and. as he had not been sentenced, he wa
still a competent witness. Bi holding out de-
lusiNe hopes to him, Avery was induced to keep
quiet. and, with the active interference OF the
President aud the Attorney General, Bibcuck
was in due time acquitted. The application fol
anew trial In Ayerys case was refused, ant the
order for hts arrest came, and he was thrown
into the District jail to await the arrival OF thu
officers who were to convey him 10 the Jefer
son city penltentiary.
rHE AvERYs PRACTISE 4 IrTTtp STRATEGY.
All hope Wa now gone. but still one or tw
faithfnl friends stood by him. and together witt
hi wife urged him to 20 hefore the select com
mi'tee Of the House Of Representatives. sn,
make a clean breast of IT, A member of tn,
committee was notn ID aud slbppna issued
lie appeared before the committee on April IL
lsi6, bat unfortunately 1t was In secret session
and there was NJ person present who knew
what questions to propouni In order to brinl
out the story He would not volunteer an
hnef ie" moments eNiininfton ne : dls
charged and went 10 tue pen'ttntiarS WIN nj
lps sealed.
All the eHprts oi bapcocK ana Luckey wer
now directed to persuade avery > VIE L
destroy whatever letters ana papers her husband
hnd leii IN her care. IheS were at her nous
hsht ana diY' ana brought thelr wives WI
them 10 make their appeais more irresistiOlt
They promisei a speedy pardon Tor her husband
ana pr election " herself ana chlii anu nnallN
she consented or feiSned 70 consent and neatl
made COPIES OF several letters were Tn tn
r'''"'o ~ "", 'V"-"'u " w, "' "V'
As-urei no" 'ht tneS were AT iast rhie' 'he'
precious scoundrels lost all interest IN Aver
and hts dc.tt,,,a ,.rtl. amt tha honsa ~, .
w
ahout 10 DE SOFA over her heal when gentle
man who nal secured contracts from ljos
| -,,,,,a, ,,,,,, .. Ia. -,..,,, am, n,,,a 80
'"'p"''eu O'i'' ~ ~. "'u '''s' ="
mortgage Auu SET ABOUT forcing paiuou lOr ue
husband.
An ,,a i,,,.rs ,,,,, T,rc, n,hco,L nm.
80 wv '' ~ '0'~' ' ~ '
Luckey were placed IN MS po-srssloh' ana VIII
! this arsenal Of solid shot to back the dem aud
uayntlattons wers onened A, frat there was