The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1876-02-25
Associated Press Report. by Western
Union Line, otfice Northwest cor.
of Main and 18th Sts.
THE BABcOcK TRIAL.
Judge Dillon's Charge to the
Jury.
A Verdict of Not Guilty
Pronounced.

day until after IL clock, the judge be-
ing engaged in finishing the charge to
the Jury. As soon as the roll OF jurors
was called, Judge Dillon read the instruc.
tions, which were very long, including
IN various groups the kilograms INTRO
duced in evidence, many of the letters
introduced, and also copies of extracts
from the Presidents deposition. AT the
outset Judge Dillon said that in all the
propositions he had to make he had the
concurrence of his associate on :he bench,
Judge Treat. He explained to the jury
the Importance of the case and the
rsasons which have made it necessary
| TO keep them so isolated. A
high compliment WAS paid to tho counsel
and the management of the case on both
sides. Approaching the issues, Judge
Dillon said ut two main questions srose:
one as TO the existence of the conspiracy,
and the other rs to the connection OF the
defendant with it. The first question re.
| qured little attention, as the argument
| of the counsel on both sides seemed to
accept the existence Of the conspiracy as
proven. The second question, the con-
necticn OF the defendant with the con-
spiracy was then taken up. The jurors
were then cautioned to be on their guard
against the influences Of the popular
! clamor; they were also re-
minded that the government
owed duty to its citizens a. well as Its
revenue and it lay in the PROVENCE OF the
iury to acquit as well us convict. The
prosecution had presented no evidence
4 a. lnT.nAapt "a hal Hn.
clared his connection with the consplra-
! cy or had written direct admission. In
/ this connection the law, however, did
not REQUIRE this 1t was case OF cir
cumstantiai evidence. 1t was right for
them to consider the motives OF
the defendant. The government
alleged as the only motive, that of pecu-
MARY gain for the evidence of EeyreSt
who mailed the letters in which he
thought joyce put $500 bill. and evil
dence of Magil who testified to taking
from the letter box a similar letter, and
returning it to Joyce, were considered
and the question of credibllity left to the
Jury. The kilograms, letters and por-
tons OF the Presidents deposition bear
ing on the death of Collector Ford, and
the appointment OF his successor,
were read. The tive questions the
! Court considered arose on the
success sorship of Ford. The first was
whether the defendant sought to intu.
ence the President on the successorshlp
and second whether he did this IN the
interest of the conspiracy, having
knowledge of that conspiracy. Judge
Dillon then read all the dispstches oftho
spring of 1874, relating to Joyces visit
10 San Francisco, and Commissioners
Douglas permits to other revenue agents
To 90 out of their district
Also numerous letters from joyce Bah
cock, Hoge and Brooks, and lengthy e1-
tracts from the Presidents deposition,
arranged in chronological order, and in
terspersed with the comments on them,
most of the dispatches relating to the
transfer of supervisors and revocation
OF the order to transfer them was also
given. Touching the letters sent by
Babcock to Mcdonald under care of
Msi. Grimes, tho Court said
neither the prosecution nor the defense
had produced said letters, or shown their
contents, and the jury were not at liberty
to conjecture what their contents were.
Passing to a more general view of the
case, and the evidence, Judge Dillon spoke
as follows: Various classes of dispatches,
rs YOU will have perceived, have been laid
before YOU some 10 the defendant and
some from him, and some between con-
fessed conspirators not referring to the
defendant, and unsccompanied BY proof
that he knew of them and other dis
matches between revenue otficors and the
agents OF the government. The dispatches
between other persons than the defendant
are no evidence TO show his connection
with the conspiracy, unless brought home
to him. They were admitted to show the
rature and purpose, the plans and opera
tions of the conspiracy. Quit could not DC
fixed on any person by the declarations
or statements, either oral or written oi
others. Guilt must originate within
mans own breast and it must be estso-
lished by his own acts, conduct or ad-
missions. Hence in determining the
question of defendants guilt so far as II
is sought TO be shown by the dispatches
10 and from the defendant and especially
such dispatches as he is shown to have
assumed or acted on, if the dispatches
to and from the defendant in connection
with the other facts and
circumstances in the case
show that he knew of the alleged con-
spiracy, aud that he WAS guilty party,
the dispatches Of his fellow conspirators
among themselves, or to the others sent
for the cause of promoting the conspiracy
become evidence against the defendant,
hut not otherwise. " hat weight, il any,
is 10 be given to the dispatches not shown
To have been acted on by
the defendant, must depend, among
other considerations, or whether any
answer was called for or not, and on his
associations with the persons sendinS
the same, what they import on their face,
and whether he knew that the seouers
were engaged in the conspiracy siiegeo
in the indictment, for II must be under
stood that under the established rules oI
law the various acts and dec-
lsrations of persons other than the
defendant, are not evidence to sho"
that he was one Of the conspirators, l"r
no mans connection with y conspiracy
can be legally established BY Whist others
did in his absence and without his knowl-
edge and concurrence. You will also
remember, gentlemen OF the jury, that
confessed c0nspirators in St Louis testi-
fed that they were frequently warned
of proposed visits of the agents
of the internal revenue service
to investigate the frauds in this district;
hence one of the essential inquiries in
the case is as to toe sources Of informa-
tion thus given. The letters of Hoge to
Bingham show early in 1874, if not pre-
yiously, that he Hogel had