The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1876-02-17
The Private Secretary an Innocent Victim
Of Misplaced Confidence"
NO MONEY RECEIVED BY HIM
A Cloud of Eminent Witnesses as
to Character.
MRS. AvERY'S WARNINGS.

poetic and grandhcquent, as, for instance when he
said that 'the evidence supported the theory
OF the prosecution than the mountain supported the
feecy cloud floating over it" He smoke of the ''en-
casing air the jaws of the pententiSry," into which
the prosecution intended to 'thrust' Babcock, &c.
In his peroration he quvering voice asked the jury
10 rise with f'beautfu feet TO bring the glad tdngs
of his full delivery his family and friends" Williams
giant but his uncouth figure, his heavy square
head, with animated wooden expression-his shaggy
eyebrows completely obscuring the little eyes-his
slightly turned up nose light brown mustache and
whiskers and his dark hair, covering the ears form
far from prepossessing whole. The most prominent
feature Of his head the lower jaw which protrudes SO
heavily that the neither lip never exactly meets the up
per- but always sticks little, the effect OF which
is rather sinister He began with a tremor of pathos
as he recitcd the defendants birth in Vermont, "a
State which did not contribute heavily to the criminal
classes From the cradle he followed the defendant
West Point 'not school where public robbers
educated" He told how, prompted by pride and
patriotism he followed the flag OF the Union" Will
iams' argument admitted that Babcock gave informa
ton to Joyce and Mcdonald, but it only nom
A FRIENDSHIP,
and TO prove this he read copy of letters from Joyce
in which he tells Babcock how many Western papers
he has over to oppose the st. Domingo job and
encloses the editorials to Babcock which he had In
10 the kilograms Babcock used them only sin social
and playful manner" ''This laboring mountain OF
kilograms" he exclaimed, "has given birth a most
ridiculous mouse" Babcock simply the victim or
misplaced confidence and speaking Of the $500 letters
mailed by Everest Williams lowered his voice TO
chastity echo he asked 500 you believe
that dollar of that money sent in
those letters ?" and he answered that query
thus :-"Babcock was as innocent of that
transaction a born babe. All that money went
into the pockets of Joyce and Mcdonald" The jury
looked agape with wonder at Williams while he
making this extremely adroit argument There must
be lamenabe lack of handkerchief among them for
they repeatedly wiped their with their fingers
Babcock looked very confident all day
BABcocK's CHARACTER
The evidence to Babcock's good character in the
afternoon rapidly elected. General Banks appear
ance, with his sharp, thin face, surmounted by
enormous pile Of shaggy white hair In condition OF
picturesque disorder, created a sensation which
enhanced by the sepuchra of his bass voice. that
sounded exactly as though coming from somo under
ground cellar Tuition rather tall, dark bilious
looking man, whose sonorous voice pitched in a
loud key. Tho letters from Hoge to Bingham, which
are the ''Mum" and the "Sylphn dispatches
tended scale, created AMUSEMENT from the unc-
tuous emphasis with which they were read by young
krum-
OPENING FOR THE DEFENCE
Immediately upon opening the United States Court
this morning ex-Attorney General Williams rose and
addressed the jury, opening the defence OF General
Babcock. The court room was thronged, the greater
portion Of the audience being attorneys Very lew OF
the government witnesses present, the most of
those from Washington having been discharged from
service and allowed TO leave the city.
General Williams devoted considerable time to an
argument OF the probabilities OF the case and TO a cr-
cism OF the evidence for the government Assuming
that what the government has presented compe-
tent evidence, which was by no means admitted, Gen
eral Williams said the case might present some suspi-
cious circumstances but by no means the ground
which to base a conviction. He then proceeded with
some explanations which would throw a different light
upon the communications between Babcock and the
Mcdonald trusted officials, men Of influence,
and possessing the confidence of good people. Bah
cock, on the other hand was warm hearted, conhd-
ing, generous man. He did not give up friendship
once contracted for the whispers OF calumny. Every
thing presented by the prosecution incomplete
and could not but leave painful uncertainty in every
mind as to whether II was to convey proper suspicion
to simply indicate weakness Of the judgment, to
when every ono was liable Ine quantity Oh TINS Kina
A house is made of bricks but a million OF bricks
scattered over an acre Of ground do not make q
house any more than two bricks do. Cen
eral Williams then traced Babcock's military
from West Point which be eulogized
place where honor and honesty were incucated
and where thieves and robbers not admitted. He
told Of the deicndants service IN the late war and
how he rose to be chief OF engineers in the Ninth
Army Corps and afterward to DO aid TO Lieutenant
General Grant with the rank OF brevet brgader gem
eraL good deal Of attention was given TO General
and confidence reposed in him private secretary
10 the President In sense, General Williams
said, he became a part of the Executive His official
delinquencies would more OF less, reflect upon and
degrade the Chief Executive OF the nation. No IN
gratitude would be so black AS his IL he would bring
dishonor one who mad put such confidence in him.
''sYLPH" DESPATCH
While explaining some Of the kilograms between
Babcock and Joyce and Mcdonald the speaker referred
especially TO the 'Sylphn despatch, and called it the
pivotal point OF the prosecution IL Babcock sent that
telegram for any criminal purpose he took the very
10
that telegram over his own name much OF its signh-
canoe would have bean lost Yet he sent it In his own
handwriting leaving proof that he sent Il easy to pro-
cure. The "Syph," mere act OF thoughtlessness
playfuness OF which all OF guilty
referred TO the lester stolen from Rogers
and given by Mcdonald to Babcock, McDon-
aid having gwen IL TO HIM proof that
blackmailing being carried here and had con-
WINGED him that " his duty 10 Interfere and stop IT,
Hence he took Il 10 Douglass aud told there was
something wrong he did not hear Of the letter again
until the next Sunday, when he accidentally met Doug
lass and learned that the raid had been given up Nc
Donald had discovered this fact four before and
had sent this dead Dog' telegram to Joyce after
which he started for 81 Louis II Mr.. Babcock had
been a conspirator would he not have told
Mcdonald Of tho abandonment OF the raid ?
But he did not and when Babcock found 10
out four DAYS later he teegraphed Mcdonald that he
had succeeded convincing Douglass that the scheme
had been for Dackmalng and that Brooks and Hoge
would not 60 That McDonald's statement was par
tally true too has been proven beyond doubt as at
that very time Hoge OF the men who were to make
the raid carried in bis pocket $1,000 brbe, paid TO
him By the Ring
A sPEcIoUs p0PfANATIoN
Referring 10 the despatch Of December 1874, which
one OF the three kilograms not passed upon BY the
lourt and which reads follows Have not heard
that anybody has gone Is going General Williams
taId Babcpck does remember having sent u. and
hence requircs the governments TO prove IT, Baocock
intimate relations with the President and 10
vas the custom OF ohcers all over the country 10 ad
arees him restive 10 anything they desired TO ind out
SECURE, so Rabc0ck knowing Joyce only an honest
Oci answered the attcrs inquiry whether agents
wereeoming hers, he answered thousands OF other
inquiries No oDe suspected at thai time that Joyce
tryme TO do anything but his duty toward the gov
eminent But this very telegram shows that General
BabcocK not interested friend OF the Ring
the that ~ the very time when be sent this
Telegram the raid had been planned and Brooks was In
New York intending ~ come here. This shews Gen.
era Babcock Ignorant Ct affairs which he should Ger.
fainly have known had he held the relations with the
Ring thai charged.
M'porALD's AIDE WITH PRESIDENT
Illustrative OF the practses OF Mcdonald was the
telegram, HAD lons Ede with tho President &C,