Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1876-02-09
The Jury Sworn In Statement by the
District.AttOrney Of What the Gov
. ernment will Prove Against
BabcOck.
The First Witness Objections and Rul.
ings Interview with Bah What he
Thinks and Fears -BristOw
e and Grant.

UEltN tDS StlGNAtOA Va III ILC ADlsO-
cock case was proceeded with. Ihe lu-
rors were examined very briefly by the
prosecution. The prosecution made no
examination whatever OF most OF the Ju-
rOIs, but thTes or four persons were put
through rigid inquiry. James Milton,
of Marion county, was excused for cause,
he admitting that the finding OF an IN
dictment ag AiBst g party LETT q bad lm-
preston on nis mind, which would prob
ably require proof to remove. Both
sides exhausted all of their peremptoly
challenges (three EACH and the jury was
finally sworn in, composed OF the fol-
lowing names: r. n. BlaekWood, Lew
is county; Matt Woodruff, Clarke coun-
ty; w. E. Wilson, Lewis count; Ezra
Johns IN, Lewis county; +. +. Snyder,
Knox county; ]. NJ, Kesthly, St.Charles
county; Edward B. F. May, franklin
county; w. Biakely, Adair county; W.
Taint0r, GAsconade county; VIM. s,
Jewett, Jefferson county; w. T. Jack
son, Marion county; Harvey Lessons,
Lewis county.
The disurict-attorney announced that
no more whisky cases would come be-
fore the court stthis special term, and
all the Jurors outside of this trial panel
were discharged He then addressed the
Jury, opening the case for the prOsecu-
ton by repeating the history OF the con-
spirscy which was organized here In
1871, and stating that 1t involved all the
,distillers and Tectifiers and govern
ment officers and employees here, and
had its ramificadons even in Washing
ton. He cited several dispatches alleged
to have passed between Joyce, M'Don-
aid, Avery and Bsboock, to shew that
the two latter persons were engaged ill
the conspiracy and corresp0nded with
the conspirators. The dispatches be-
tween joyce and Babcock touching the
appointment of Colonel Constantine
Mcguire us collector Of internal rev.
euue after the death OF Charles w. Ford
were cited, and Colonel Dyer stated
tnat it would be proved that from that
time on the defendant furnished infOr'
nation to the ring here. The department
was thWarted in eli his efforts to get an
investigation that would reveal the
frauds, for the reason that all the reve-
nue. agents sent here to examine the az
fairs vera either bought up on their ar
rival or advices had been received here
of their contemplated visit, and the Op-
portunity thus given the distiller5 TO
straiQthen up and show regular work.
Colonel Dyer claimed that it would be
clearly shown that Mr. BsbcOck not
only had full knowledge of the exist
ence OF the frauds which were carried
on, but that he aided the conspiratOrs in
their work, and received money direct
Iy from joyce, zho mailed il to him.
Babcock sud Avery were the two men
at Washington who kept the ring post
ed. Even after the indictment Of Gen
eral John M'Donsld, Babcock, it would
be proved, was in secret correspondence
with him. The evidence, Colonel Dyer
said, would, in s measure, be circum-
stantial, but there would not be a link
missing in the chain.
Joseph NJ. FitzrOy was then put on
the witness.stand for the prosecution.
After testifying as to his position in the
revenue service, he was asked by Dis
trict-Attorney Dyer, who conducted the
examination, 10 state what he knew
about C. G. Megrue, his operation here
in 1871, ETC., to which Judge Krum OBJ
iected on the ground that such state
ment would be only Of hesrssy char
scter, as the witness did not enGer the
collectors office until May, 1873 Besides
the indictment charges the defendant
with conspiIing to deTaud the govern
ment out Of toe tax Of seventy cents per
gallon on certain proof spirits. In point
of fact, there was no tax Of seventy
cents par gallon on distilled spirits in
1871. That tax did not go into effect
until June, 1872. We therefore hold
that no such conspiracy existed or could
exist, There may have been q cOnspir-
scy to deiraud the government out OF
fifty cents per gallon, that being the tax
then imposed; but this ie not laid out in
the Indictment, and we can claim that
it is q correct rule of law that q conspir-
scy must be proved under the rule as
laid out in the indictment. II
is utterly incompetent to show
apy existence of q conspiracy
to defraud the government generally,
when the indictment charges cOnspir-
acy to defraud out Of particular or sre'
cific tax,
Colonel Broadhead said that it was
not necessary to show by witnesses VII al
the tax was; it was enough to show thai
the government had been defrauded
the prosecution are only compelled tC
show that 8 conspiracy was formed, itf
objects, ETC., aud that the conspiracy
continued after the change in the tax
was made, aud that the defendant was
one of the conspirators
Judges Dillon and Treat consulted to
gether a few moments, after which
Judge Dillon said: awe do not posi-
tively determine now whether tht
pleader has confined himself to the par
ticuIar and specific tax OF seventy cents
per gallon. AS that tax was not i'm
posed until 1872, 1t may be that the
prosecution cannot show what trans
pired prior to that time; but If what ws'
done before was simply continued acts
it does not follow tina. it is incompetent
to show what the frame structure was O.
the whole conspiracy. We have suct
little time to decide these questions thai
our rulings may be irregular, and there
fore we will keep the question in minC
and decide upon its admission hereafter
The witness may answer the question
it being understood that the ruling o
the colrt on it's competency will bt
given hereafter
The witness then began to speak abou
Megrue, when the defense objected, and
he was Withdrawn.
NJ. Thompson, dlstiller, bsing called
to the stand, gave the history of his con
uSCltOh Win NA1C III CA tA6ALCA LIZ" AA'
made crooked whisky, etc, all of which
has beeu stated numerous times befCre
During the examination of this witnes:
the defense objected to all question:
not directly relevant TO the indictment
against the defendant, but Judge DiiloI
ruled that testimony to establish the ex
istence of a conspiracy might be given
and the witness gave tolerably full sc
count Of the ring and its op ,rations.
FitZroy was then recalled, and Col
onel Dyer asked him if Megrue eve
paid him any money.
Mr. Ssorrs objected to anything NOR,
| pertaining to wnat he called the Megru
conspiracy. He said Thompson haC
testified that it ended in 1872, and TIN
prosecution in opening the case ststet
the same thing.
A long argument ensued, durinj
which Colonel Broadhead said the theo
ry is, that there was conspirac
| formed in 1871 embracing the super
visors, the collector, 8 special Tevenu
agent and Others; that they went o.
making Illicit spirits TO the close Of 1877
| when there was q suspension; then, i
1873, the same parties went on agai
and made more Illicit Whisky. II ws
not necessary that they should meet i