The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1876-02-24
BABCOCK'S TRIAL.
Dyer,s Closing Argu-


morning.
AT the outset he referred to his cor
duct Of the Office since he assumed 1t som
months ago, and entered upon the dis
charge Of his duties as prosecutor Of til
whisky ring. He disclaimed the ide
that he had been led into the prosecutioI
OF any innocent man, and told the jur,
that he appeared without malice or othe
intention as the representative Of Iii
whole people to prosecute the grea
wrongs in the case, which he character
lied as most remarkable one, and tn
course Of the defence as still more re
markable. He accused Judge Porter o
trying to drag the President into The cast
needlessly and groundlessly, and said thu
Presidents deposition is before the jury
He has been examined, and / woult
comment on his testimony Just a!
would upon that Of any Other
witness; but when the gentleman
for a purpose Of his own represents the
President as on trial, / don't intend that
the red flag which be has thus flaunted in
my face shall be followed TO battle. As
well might he have said the President was
on trial when John Mcdonald was being
tried, or as well when any other OF these
conspirators were before the Court.
At some length Col. Dyer attempted To
show that this point was used by the de-
iense 10 influence tho Republicans on the
jury, and then continued / don't intend
that the adroitness Of the gentleman shall
put me in the attitude OF assailing the
administration. intend to bring this
defendant from behind the back Of the
President where they have tried to place
him, and / intend that he shall stand on
his own merits in this case, and that they
shall not wiring verdict from the jury
by pretending that the President Is on
trial. By whom Of the prosecution has
the President been assailed? ? Porter stood
here and defended the President. Gen.
Grant will not thank the gentleman for
dragging him into this case in this man
ner. What motive should actuate me in
attacking the President? There is not n
man on that jury or within the sound Of
my voice who does not know that am q
Republican, why should / assault Gen.
Grant2 l voted in both the National
Conventions for him for the Presidency.
Nine months ago he signed the commits
sion which entities me to speak here to-
day, but don't intend Gen. B abcock, the
private secretary to the President, to es-
cape, because he is the private secretary.
l would try him as l would try Bassett,
or Mcdonald, or Joyce. The gentleman
knows there is no malice in me toward the
defendant, 4 never spoke to him until
last October, but when / saw the evidence
against him, was 1 to smuggle it? To
smother it? Because he was Republic
can, and I was Republican, and the
President and Secretary were Republi-
cans?
Col. Dyer then drew q comparison be-
tween the manner in which the defense
seemed to assail the gaugers and under
lings, and the manner in which those in
whose hands lay the removing power
were protected. Noticing Judge Porter's
remarks on the press and public opinion,
the speaker said: They are terribly
afraid OF public clamor, but what have
you to do with that? They abuse the
newspapers, but what is that to you
who are here to try this case on the evil
dence which has been presented to you?
Proceeding to his next point, the District
Attorney said: 1t 10 an amusing defense,
Judge Porter makes. He starts and ap-
plauds the President for an hour, and
then eulogizes Andrew johnson, who is
dead and gone. He applauds General
Grant thinking 10 please some Of you
who are Republicans, and then he turns
round and praises Andrew johnson
thinking to please those OF you
who did not believe that johnson should
be impeached. Now, do not know
from the speech Of the gentleman from
New York whether he was for Grant or
for johnson. It reminds one Of the old
rhyme
"He winds In and he winds out,
Leaving the Jury still In doubt
Whether the law that made the track
Was going north or coming back"
Now, | don't know what the gentleman
thinks, but when the President reads
what Colonel Brodhead has said, and
what I said in my opening, and finally
what the gentleman for the defense said,
he will not thank the gentleman for bring
ing him to the front. Unable to meet
the evidence, he starts out to defend Gem
eral Grant, when no word has been said
against him. Promising that 1 intend no
disrespect to the President tor some Of
his friends seem to think that he must be
taken care Of, while / think he is able to
take care Of himself), I will say this j:
The defense reminds me Of an eminent
doctor, who, having been called to attend
lady in confinement, met aneighbor the
next day and was asked how the patient
was doing. "The child lis dead, ," the doc
tor replied, "the mother will die, but with
the aid OF the Lord I think I can save the
old man." The effort Of the whole de-
Tense has been TO impress you with the
idea that the President was on trial.
Col. Dyer then dwelt on other matters,
which he claimed had been dragged into
the case in the argument for the defense,
but which were wholly foreign to It. The
jury had nothing to do with the opinions
Of the counsel as to the cases Of Joyce,
Mcdonald, Avery, or Mckee. He, as
serted that he was acting with the Repub-
lican party in attempting to crush out
wrong and fraud, and quoted the Presi-
dents Language 10 show that he was act
ing in harmony with the Administration,
"Let no guilty man escape"
Col. Dyer then passed to an examina-
tion Of the evidence in reply to Mr.. storr's
argument.