Wood County reporter. [volume] (Grand Rapids [i.e. Wisconsin Rapids], Wis.) 1857-1923, 1876-02-17
Gen. Babceck on Trial.

LOUIS on Tue charge Oh cOmpllclGy Win the
whisky frauds, a jury was selected on the Sth,
and Dist.-Atty. Dyer delivered his opening
address, in which he said he proposed to
prove that there was conspiracy to defraud
the revenue; that Gen. Babcock was in cor
respondence with the conspirators during
the existence Of the conspiracy, and that he
received money directly from Joyce for his
share in the proceeds of the frauds. The ev-
idence offered, the attorney said, would in a
measure be circumstantial, but there would
not be a link missing lin the chain. Joseph
NJ. Fitzroy, a clerk in the Revenue Collect
Or's office, was called to the witness
stand, and, on being asked to state
what he knew about the operations of
Megtue, in 1871, objection was made, on
the ground that the evidence would only be
of a hearsay character, as witness did not
enter the Collectors office until May, 1878
The Court decided that the witness might
answer the question, with the understand
ing that the ruling of the Court on its COM
potency would be given thereafter. The
witness then began to speak about Megrue,
when defense again objected, and he was
withdrawn, and MIR. Thompson, distiller,
was called to the stand, and gave a his
tory of his connection with the ring; ex-
planned how he made crooked whisky, etc,
etc, all of which had been stated numerous
times before. During the examination of
this witness the defense objected to all ques-
tions not directly relevant to the Indictment
against the defendant, but Judge Dillon
ruled that testimony to establish the exist
ence of the conspiracy might be given, and
witness gave tolerably full account of the
ring and its operations. Fitzroy was then
recalled and was asked if Megrue ever paid
him any money, when objection was again
raised, and the court ruled that evidence re-
lating to the conspiracy in 1871 and 1872,
might be received, and subsequently ruled
out if found to be irrelevant to the case on
trial. Adjourned.
SECOND DAY.
Acting under the advice of the court, given
just before the adjournment the day before,
the Government counsel passed over the con-
spiracy in 1871 and 1872, and produced tes-
timony to show the existence and operations
of the whisky ring from 1878 to 1875. No di-
rect evidence was brought out against Gen.
Babcock, the testimony being general in
character, tending to show who were the
conspirators, and the extent of the conspir-
acy.
Deputy Collector Fitzroy testified that he
met Gen. Babcock at the Lindell Hotel, in
September last; was introduced to him by
Wm.tO. Avery; witness was then under in
dictment for completely in the frauds It
was simply an introduction; there was no
conversation.
Rudolph w. Zurich, distiller, and John F.
Siedentopf, his foreman, were sworn, and
testified as to the manner of manufacturing
and disposing of crooked whisky, the amount
of money paid to revenue officers, and the
agents, where irregularities were discovered
by them.
TWAS stated by tie defense that they had
intended to have the personal attendance of
President Grant as witness, but this was
not now thought to be necessary, and a prop
osition was made and agreed to that the
counsel on both sides should arrange for the
taking of the deposition of the President
Such an arrangement was made, the deposi-
ton to be taken on the 18th before Chief
Justice Waite, the proceedings to be con-
Quoted like an examination in open court
both sides to be represented by counsel.
THIRD DAY.
VIM. j.. Bassett gauger in the ring, and
Abijah M. Everest, collector for the same par
tiles, testified as to the whisky frauds to which
they were parties. The latter testified that
in 1873, either late in February or early in
March, Joyce had sent him to the sub
treasury with $1,000 in small bills, to get
two $500 bills; when he returned joyce put
the $500 bills in two envelopes-one d.
rected to w. g. Avery and the other to Gen.
u. E. Babeock, Washington, D. c., each en-
yelope having personal" on the left-hand
corner--and told witness to put them
in the letter box, which he did, joyce
watching him from the window of
his office; the envelopes had stamps on
them. On the cross-examination Everest
SAID at the time he returned with the two
s5OO bills, the envelopes were lying on
JOyce's desAs when he handed the bills to
Joyce, witness watched him closely; he
(JOyce) first took the two envelopes up and
then took the paper out of one of them and
put bill in; did rot see him put the other
bill in the other envelope, and was not posi-
tive he did put it in, nor did he know
which envelope it was he saw the
bill put in. On redirect examination
the witness explained that Joyce was
standing up at his desk when he put the
money in the envelope, and sitter placing one
bank note in one of the envelopes he turned
partially around, SO that the witness saw only
part of the envelope, and did not see the
other bill put into it.
H P Alexander, teller in the sub Treasury,
testified as to giving two $500 bills to man
whom he did not know, about year ago, but
could not identify Everest as the man; rather
thought he was not the man.
Frazer, distiller, recounted the history of
the whisky conspiracy, but knew nothing in
any way relating to Gen. Babcock
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