Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1876-03-10
What One Of the Jurors on the Trial at
st. Louis Has 10 Say in Regard to
His FellOw.JurOrs You
Don't and You Do. "

court, lsS adjournment from Uay 10 u2yJ
and finally its dissolution In conse-
qusnce of the indictment of BabcOck
by the st. Louis jury are all merely for
ma, and have been in substance already
published, except the following. On
the fifteenth OF December Msjor Asa
Baird Gardner, judge. advocate, wrote
from Chicago ID the acknowledgement OF
ihe army as follows:
SIR have the honor 10 report that
the court Of inquiry convened here by
speeial order 246, adjourned to-day to
meet at the call OF the president OF the
court. l deem it my duty to invite the
attention OF the proper authority to the
following state Of facts in reference TO
the case fer the government which l
was called upon to present. Immediate
ly on receiving Jelegraphic notice of
the details l hsstened here in advance
OF the assembling Of the court, so as to
be prepared to proceed without delay.
Had the court been, on it's assembling,
duly sworn, / shC uld, nevertheless, have
been unable to proceed in consequence
OF the failure OF Hon. d. p. Dyer, United
States attorney for the eastern district of
Missouri, to oCey the positive inshuc-
lions Of the honorable attorney general,
Of the United States. The telegraphic in
stTuctiOT were sent to MIN On Decem-
bar 9Th, instant, and specifically directed
that [ should be furnished with any
documentary evidence bearing on the
case, and names and residence Of any wit
nesst whose testimony you be deemed
important to make the investigation
thorough. THE judgs-advocate gives in
detail the object for which the court Of
inquiry was convened, ard proceeds
On the eight instant, as MT. Dyer hau
not furnished me- with any in
formation whatever, l teiegraphed
him on tie ninth. He replied with
telegram, Offering ne a copy Of the stem
ogI Iaphic notes in the trials of John
MDansld aHd VIM. o. Avery. He has
since sent me an sb3tract OF the Avery
trial, containing Henderson's remarks
r, la!lvs to Colonel Baboock. AS lawyer
Dyer must have known perfe city well
that his rep'y of tie ninth was no an
sweF to my telegram; neither did it
comply with the attorney generals di-
rectious. What required was list of
VT lesses and 9 description OF the dO"u'
mentRry evidence on which Mr.. Hen.
derson mad based bis remsrSs, so that
the court of ihquiIy, when organized,
could examine for itself into the matter.
Up to this afternoon nothing Of the
kind has been received from Dyer. On
the evening Of December ninth q. &.
Gordon, Of The Inter Ocean newspaper,
reported 10 ne substantially y that that
paper had just received reliable tele-
graphic inform alton that Dyer had pub
licly stated that he should furnish no
lists Of witnesses or documentary evil
dence. So far as the Avery aud M'Donsld
10
remarks to Colonel Bsbcock might have
been based on Hhst he had heard or
seen wholly outside the courtroom.
1t will be noticed that l did not AJAX for
information IS to what the witnesses
might have aid or done in the grand
idry-room, because, when Henderson
made his speech, no bill Of Indictment
had bsen found against BabcOck, and
Henderson was not the proper official to
90 into the grand jIry,rOom to subscribe
such bill. He was acting as assistant
counsel, and temporarily under orders
of the dlstrict-attorney, VINO, by his
presence and tscit ecquiesceRce, adopted
Henderson's remarks rs an authoritative
statement Of government otticisL.
What the witnei ses had said to him, or
deposed in affidaYits, could not be used
before the coust Of inquiry. All that L
required was list Of the witnesses, go
that they could be csl'ed on to testify
in open court. 4 description of the
documentary evidence, on which Hen
deIs N based his remarks, was also
needed, so that, in due cOurse OF law,
subIua "a duceS tecum should issue to the
proper custodian to produce teen In
court. The court OF inquiry did not
complete its organization, but, had 1t
done 60, could not have presented the
government case in consequence OF the
absolute disregard by Dyer Of the posi-
tive instructions of his immtd ate su-
perior, the honorable attoIney-general.
Very respectfully, etc,
Judge-Advocate OF Court.
Tie attorney generals letter to Mr..
Dyer is as f0iiOTsl
DEPART9IENT OF JusTICE,l
WASHING roN, d. G December 8, 1873.
Hon. D p. Dyer, United states Attorney 9t.
LOUIS;
The President informs me that court
of inquiry convenes at Chicago next
Thursday; that General Babcock starts
tonight to meet his trial; that Colonel
Gardner is judge-advOcate, to whom, at
Chicago, you VIII please send any docu-
mentaTy evidence bssrlng upon the
csse, end the names ana residence Of
any witnesses whose testimony you may
iJdge important to make the IN Vestiga-
tion thorough. II there is any evidence
additional to that sent me, please for
vaTS ard communicate with the judge
advocate st Chicago by messenger or
other wise, as you deem most safe, to the
end that this important inquiry, which
will attract the attention Of the coun-
try, hay De complete in every respect.
repeat what hsVe so o:tcp said, that
we wish no innocent man Cafnlsheo,
and no guilty ona to escape.
EDWARD PIE3REPONT,
Attorney General.
OaDscember I4!h Gardner wrote to
Dfer acknowledging the receipt OF the
s,snogrsphio copies above referred to,
a1d added: II beg leave to remind you
that the list Of witnesses and documents
I r,auested, and which | was informed
, ths altorney-gene5al had instructed you
! i'm regard 10, have not been received,
! nor have your commaniGat:Cns con-
| tanned any reference to them. ! mus:
trcnble you for some positive informa'
ticn or the subject"
! sTkTEMENT 81 OLE OF THE JURY WHO
TRIED HIM-CAN 1T BE TRUE2
/ Chicago Times.l
ST. Louis, March 6.-J. w. Keathley,
one Of the jury in the Babcock case, is
| in the city, snd has made statement
to Digtrict.Attorney Dyer respecting the
/ iury and the verdict. Keathley says lac
never was on jury where the members
were so apparently Indifferent to theii
! resronsibiflIits. Two-thirds OF them
/ sDaut their time out Of coUIL in drink
! ing, carl. playing, and demOIallzine
amusement generally. One Of the iurori
%. ". Teinter-was away from tht
| iuTy rooms several lines at night, anC
Keaihley says the deputy-msIshsls haC
10 idea where be was. He thinks ther
were three besides himself who really
followed the case conscientiously to tn
end. These three believed Babcock wa