Daily press and Dakotaian. [volume] (Yankton, Dakota Territory [S.D.]) 1875-1880, 1876-02-15
The Telegram Testimony Not
Yet Admitted, but .Impor-
tant Evidence En-
rectcd to=mor
row.
Mr. Bevls, Crooked Dlstiller, in the
Witness Box.
BABcocK.

BABCUCk.
st. IoJls, Feb. 1.,.-J'pon opening
the Babcock trial the counsel for the
government notified the court that
further testimony would reach here
from Washington tomorrow respect
ing the dispatch Of Joyce to Babcock
Dec. Sd, and the one from Babcock to
Joyce Dec. 18th 1874, which have not
yet been admitted. The court also
gave notice to counsel that they would !.
not pass on the admissibili,y Of the
Avcrytelegrams until the defense had
an opportunity to present evidence
that Avcry's name was known to the
grand jury and was not included in
the indictment naming the conspira.
tors.
One objection to the Aycry tele-
grams, that 1t was shown that Avery
was in the consprae,g WAS over ruled
as the kilograms themselves tended tal
show that Alfred Bcvis, the distillerl
was put on the stand and testified that
Joyce showed him the eSylph dispatch
from Babcork~in in December 1874, and
that his understanding from it was
that the revenue agents were not
coming, and Oh the strength Oft pre-
/ parations were made TO run crooked.
| When Joyce showcdt the witness
-t44,ts-.ltsesttlt st-...!l :lg
was all rig ght and to 90 ahead.
Witncss. continual: Iststs=5sl:owct=
me letter at his Office abo,lt three or.
-four days after saw the dispatch. !
I -t-,,sket~ linn -fsf-it it'll -.tve-it to-me.
wanted to satisfy my partner that it
4 Mas ali right. ] gnL=i, -,hemorning
aud returned it in The afternoon
I Defense objected TO Witness
stating what was in the letter or how
it was addrcssed.-or even the post
mark.
The court ruled that the letter
\ itself was l1i.ma .tucie evidence,
and secondary evidence conld
not. be admitted until it could be
: proven that the letter could not be
,Iproduced.
Mr.. BevisN vas asked the effect OF
the letter upon him.
The defense objected. but was
overrulcd.
Witness said: The letter satis6e,
:, me it was all right, and We woul1
not be disturbed in making illicit
whisky.
s One Cause of Our Truble with Spain
n NEW York, Feb. 15.-Fred. A
,. Dockray, whose case was the caus'
Of Minister Cushing's demand upol
the Spanish government for the formc
IS gentlcman's release, and obscryanc
e. Of the treaty 1899, tells the story {
Q, his escape. He says, November l9tl
ID, he was informed the Spanish author
Of ties had .remandcd him to his ol
in prise, the convent Reporting
cr local officials he was told they had r
at information on such subject. Free
he from his s-parole and not yet imprisonc
in he thought that now or never was h
ed opportunity. to escape and by da
e break next morning he was on boa
b. an american brig lying in the harbc
st, That night he was carried to a Frcn
IN, steamer bound for 'Marseilles, but "
be informed no passengers would
to taken. On the following evening
rs Eendeavored to board Il British steam'
.he le An open boat shot cos up to hi
"a and one man said "That must be I
The American who escaped. Next MIG
cy he got aboard the British steamer /
'ng ms. on arriving at Dena, fifty miles SOL
m 'of of Valencia, the captain becomi
md alarmed, insisted on landing hi
Gle The captain of the steamer Feluc
unit came on board and he persuaded h
~ ,5s BY a gift Of ten dollars and a bot
ind Of brandy to take Dockray on boa
The Feiuccia sailed for Gibraltar {