, 1876-02-13

! oAo"n Wnat Lnelf meaning IS. Here are Dut
kilograms that are most susceptible Of ell doc1
mentary evidence to distortion. Tue ones ny,
ducea cannot be- received as evidence becsus
they show an intimacy between Joyca and AI,
Uonald and the defendant. Because the mo
nave been intimate in years past, aud the eu
ot o. on. one nas suddenly oeen discovered. the gu
o. tue other cannot be proven by any docuuieI,t
Ike abbreviated telegrams and the kind Of ar,
| dence sought to be introduced. A man canno
be hold responsible for the present condition o
An man with whom eight OF ten years ago he ma
nave ooen intimate: The trouble is that til
defendants position. It IL not enough that j
must be shown that these dispatches we're nen
| ~ tins defendant to this corrupt combination
1t must be shown that this defendant
KNEW OF THIS CORRUPTION
| before this telegram becomes admissible Gon
| Baococd ie not indicted for giving information
! to Joyce and Mcdonald. and il is hot unlawf,,
TOT them to ask, OF for him to communicates sucI
information. 10 make such inquiries Illegal tht
prosecution must 6rst prove that Joyce and Nc.
0onalo asked this OF Babcock from corrup1
motives and purposes; TINT they ve1o corruu,
men that the defendant is or was q corrupt
man and knew the corrupt purposes soustt by
Joyce and Mcdonald. ''~' -
ne SAID: After q search Ut many telegraph
omces and Efforts made to procure defendants
private correspondence, four purposelesg (so far
as tins case is concerned) telegrams have hneu
found. He cited the "sylph " dispatch. and
one other, aud said all combined were no evil
dence to show that defendant had any kuo,Yl-
edge OF the frauds at st. Louis.
REFERRING TO JoycE's DISPATCHES,
~ sald; Idoy are no more declarations, because
they are written, and no more admissible.
hH1len ueclaratl0ns arc no more than unsup-
ported declarations made respecting one who ia
sibIa.
Mr. Storrs cited number OF authorities with
TG8filnV fhAHn n rails
ta'nk, Tieh relorcnce to the kilograms addressed
to Gen. Bancock by Joyce, it viii be found that
they bad no rotation to the subject matter in
VOWED IN this trial, and second, that they wero
unanswered, and i ia not shown that they were
lecelFed " Gen. Babcock.
COL. pyER's ARGUMENT.
Col. Dyer followed Mr. Stor1s contoudiue that
there 8 evidence ta prove an im1ortaut fact,
Which ia. that information WIS received from
Washington by the Ring hero giving notice Of
contemplated visits OF Revenue Agents. These
dispatches OF. Babeocks, taken IN their proper
connection, tend to show this, and that he fur
1ashed this information or some Of it. This epi-
dance should so to che jury, aud its weight he
decided By them.
COL. BaoADuE4D
then spoke for the prosecution, and gave numer-
ous authorities to show that these dispatches
Tere not only relevant but competent They
we're evidently connected with the conspiracy,
and taken IN connection with the circumstances
I'D events shown in evidence they were q part
II that conspiracy. He contended they
'e admitted, and the jury should
% allowed under proper rulings and instructions
1t the Court to give them such consideration
IS they thought they we're worthy of.
JUDGE PORTER
ben began an argument, taking pretty much the
anne ground AZ hlr. 8torrs, claiming that. IN re-
ard to some Of the dispatches produced, there
Fas no proof that they we're ever received by