The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1876-04-10
Grant Cognizant OF All the Babcock Evil
dence Before the Grand Jury,
THE MILITARY COURT DODGE.
Atrocious Attempt to Steal Proof from a Civil
Court ut the Bayonet's Point.
WHY SENATOR HENDERSON WAS DISCHARGED
Grant and Pierrepont Intimidate Witnesses Be-
fore the Trial and Coax Them After It,
Sr. LOUIS, April 1, 1875.


Sr Louis, April 4, 1876
There has been so much my stcry and misrepresenta
ton concerning tho whiskey trials here and especially
General Babcock's trial. and there is still so little hope
apparently OF the public enlightenment from Official
quarters either in Washington here that the following
summary but history OF these transactions
may be of interest to your readers 1t is obtained
from conversation with many well informed persons
contains copies Of important documents and is be-
leyed 10 be substantially accurate
Joyce convicted late in September, and about
that time the 'sylph' despatch of Babcock was dis
covered. From this time suspicion against Babcock
began slowly to deepen, and 1t be said that Justice
was on his track and that he knew it and trying
his best to evade her. Mcdonald convicted the
22d OF November, Avery the Sd of December and IL
was during the Avery trial that the main body of tho
Babcock kilograms became pablo. So much will Tx
the relation OF dates in tho story which follows.
1t became probable in October that General Babcock
would be Involved in some way and extent in
the whiskey frauds and from this time the attitude of
Attorney General Pcrrepont toward the prosecutions
began to assume different He had been up to
that time jealous in cooperating Thereafter 1t was
felt here that he regarded the officers OF justice with
suspicion, and while they undoubtedly felt this. and
guarded themselves accordingly 1t is doubtful If they
could have given any very clear for their
picions for some time thereafter. It may be said,
perhaps that his zeal for the abacd and
his anxiety for the safety OF persons be
began TO be manifested on the 10Th OF October Mr..
Dyer received the following despach:-
DEPARTMENT OF JusTIcEl
WASHINGTON. Oct. TO- 1875. !
DAVID 7. DYER, ESQ, United States Attorney ST.
SrR--At your earliest convenience I wish you to
come TO Washington for fuller consultation than
have by letter in the whiskey eases Telegraph when
EDWARDS PIERREPoNT. Attorney General
Mr. Dyer went to Washington, where Mr Piorrepont
told HIM that no and Secretary Brisow very
anxious to know what evidence ho had against Bah
cock, cautoning him. at the tme to find an
Indictment on anything but strong evidence. But no
found later that Dristow had desired HIM
all, and tho Secretary very indignant at the sup
position. He told Dyer he had better 90 back and
tend TO his duties, and to make further communica
ton Pierrepont unless the latter would take full
responsibility on himself of these prosecutions, in
which Dyer told to turn all the evidence over
TO him, and then Pierrepont could determine how far
he chose TO go. Dyer went TO Perrepont with this
proposition but the Attorney General would not agree
TO H. He told Dyer, however, that he wanted all the
evidence In order to determine in his mind
whether Babcock was guilty not He asked Dyer IL
he had anything more than the "sylphr despatch
which to indct Babcock. Dyer said he had and gave
pont asked Dyer II that ALL and thought what he
had been told insufficient. Dyer told him he had
evidence stl Picrrepont thought It siill insult
acen, and insisted that Dyer his return here
should send him all tho evidence he had.
The language and attitude of the Attorney General
produced their effect upon Dyer. inevitable.
Thereafter he felt bound 10 communicate FULLY TO
fierrepont all that ne doing thus the Sd
November he telcgraphed:--
Sr. LOUIS Nov o 1875
To Hon. EDWARDS PIRRRrroNr, Attorney General,
Washington, u. G. -
Examined Fitzroy before the Grand Jury Yesterday
HIS testimony Is most importaEt-so much so that 1
deem II proper to send copy by mail you.
DAVID 7. DYER, United States District Attorney
On the same day Dyer wrote to pierrepont saying,
=" will keep you fully advised y and, show how en-
rely Perrepont had made hulsei instead of tho Sec
'etary Dycrs chief, Dyer added :-''will you do me
he kindness let General Bstow the evidence OF
Fltzroy, as have not time have a copy made for
nimy" Nor did Pierrepons fail TO Halter him No
vemDer Dyer received despatch from Picrrepon
giving his .best commentator both for your and
discretion and when, on the 22d, Dyer elcgraphcd
Dim that Mcdonald had been found guilty, he received
the day the following which compares curiously
with Mr. Perreponts letter to district attorneys in
January. Blu, Babcock not yet indicted
DEPARTMENT or Jrsricgl
WASHINGTON Nov. -. 1914
Hon D. p DYER United States Attorney, ST LOUIS
wish TO congratulate you on your great success in
The late trails and to add that your energy discretion
and good Judgment, aided by the energy, discretion
and good Judgment OF your associates, Mr. Henderson
and Mr. Eaton, have my highest appreciation Please
accept the thanks OF TINS department, and read this
despatch 60 Mr.. Henderson and Mr.. Eaton.
EDWARDS PlERkEfONr. Attorney General.
BAHcocx's TURN COMING.
Meantime Babcock's troubles haa become, II Is be-
ueved. the subject OF Cabinet conversations about the
middle OF November, and Babcock had himself sent
Luckey secretly TO 81 Lous TO watch Dyer ami the
trials then going on, ami apprsc him OF wha, might DO
developed. u Is probable that Babcock had become
aware that Dyer had issued subpoena duces lecup TO
the telegraph company obtain dispatches now
famous and that he very uneasy. lie was urged by
Avery and others here 10 come and swear himself
,lear on Macdonald's trial, as ho told Avery
Mckee and Mcguire gong to do, aud as the two
last named did Mexico after thus swearing beng con-
victed and Mcguire pleading guilty
Knowing that Dyer would get the dispatches nab.
cock refused come appears from the cipher de-
spaiches 10 aud from LdcKey, which dated Novem-
her IL aud is. as follows
WASHINGTON. ID. c., Nov IL 1915
LrvI r. IucgEY, Lindsi Hotel 81 Louis, Mo. -
See John NJ. krum on receipt OF this, whatever hour
Retain him 10 protect me and confer July wuh him,
would be very unfortunate II he possibly prevent
o. + BABCoCH.
wAsmxcros, D. C., Nov IL, 1878
frvr r. Iucxxy Lindell Hotel. ST Louis, No
Tell HIM employ assistance n he wants and means
,ut 10 prevent my going there At all hazards liz
srcise your bestJudgmsnt now osCAR
ST. LOUIS Mo-, Nov 1s 1878
SenersI o. e. BABcocK. Washington, ID. g. -
X says no deir,meut, danger. personal, political
sr otherwise, should yon come i''iy anu ah others
GIcsds Ihlns Is you'd b. a you could aao, 80 ali