Daily press and Dakotaian. [volume] (Yankton, Dakota Territory [S.D.]) 1875-1880, 1876-02-23
with the conspiIacy been kno

Ds,illcrs and rcctiticrs tptt, trcir
story before the grand jury last sum
Imer;. the district attorney learned
how deeply Joyce and Mal4oneld
were concerned and they were-zu=
die,ed, hut The evidence against them
was not known. Later, Joyce was
convicted in:another district for var.
ious malieasanccs in Office. Tried
and convicted in that way, the real
case against Mcdonald was concealed.
I In. mid. summer, Nc1oonaiidi di-,srs-- ,ns;rs
dictcd.and his enemies no doubt be-
lived him guilty as he was, but with
! the fact Of his indictment, there was
circulated in the papers the story that
/ the treasury department was in league
] with Mcdonald.
The president himself was implica-
+, ted. Knowing the ialsity OF the part
Of these stories, it was but natural
that in Washington it was believed
these disti!lers, to shield themselves,
had swoYn false against Mcdonald.
1t was not believed he was guilty un-
til last November, when in his trial,
legal evidence proved him, beyond all
doubts, to have been involved in this
conspiracy. Doubtless these distllers
1'fclt the commonabtorrcnc Of taxes,
believing them unjust, and though
this did not Justify thcu, was sim
measureably less than the crime Of
the officials.
,Gen,lemcn, said Judge Porter, you.
would not take the word o! joyce if
he were here for the government, or
for the defence. He has been proved
liar, pcrjurcr and thief. You would
not believe him on oath, and yet they
ask you to believe him unsworn.
When he was stating, for what was in
take J6yce,s own word that General
%. r. Bahcock is a conspirator.
Porter declared that the govern.
ment have not produced one letter or
telegram connecting Babcock with
the conspiracy, or showing that he
ever received money from the ring.
There is evidence tha, Joyce, Nc
Donald, Everst, that Mckee, true or
false, received it; but nothing against
Babcock. During five years Babcock
scnt only this telegram TO Joyce:
"Sce that Ford's bondsmen recon-,
mend you
1 lsprinklilg his letters aud tclcgrams
on the commissioner, Avery, the pres
.dcnt aud everybody else. .lle only
sent six -telegrams to Babcocll ana
only two of them Babcocll answered
Oae was TOUCHING eperted-nese'nen.
;.gains, Mcdonald, and to this Bah
cock replied ,hat.he had seen the gen
ldleman aud he seems friendly. 1Fhc
other is tho 18th Of December, and
signed "Sylph."
- ttt'hrs conspiracy purchased man Of
Babcock's high character position,
III whom the presidents confidence
was fixed and still exists, for the pal
try sum Of five hundred dollars which
Everst says he put inso the letter box
at .Joyce's instance. Is this not far
| worse than total absence of motive.
- FIEINooN.
i On opening Of the afternoon ses.
sion Judge Porter continued his
lspeech ana addressed himself to tina,
4 rule of law which declares that i'll
, such cases where the government of,
fered to introduce evidence of-a Cir
3 cumstial character, that evidence, il
order to warrant verdict Of guilty
/ must be susceptible OF no explanation.
. except on the hypothesis Of guilt:
Before this case came to trial, him
self and co-counsel arrived at the
conclusion that. the Indictment could
be quashcd on legal grounds without
trial, and determined to make the
effort, but Babcock stoutly opposed
: such a course aud instructed US tha,
!. no legal points be raised 10 prevent !
thorough examination OF the case
q When the evidence was all in the de
lfcnse had felt satisfied there were
grounds for asking an Instruction fo
an acquittal. because Of the utter alb
sencc Of substantial proof, hence tn,
y mdiinn Was made. i---
And yet Gen. BabcoclS is, held to AT
e swer io a knowledge of a conspirac
e when
!. NOT TIE SLIGHTEST EVIDENCE
7, has been introduced to prove it. II
!. fcrring to newspaper assaults mad
: : upon the president the speaker sai'
- What a sublime absurdity it was tina
D D the president should violate his of
- = c,al oath by a conspirscE with ahcs
~ ~ men, and within three years these c.
:" u conspirators- Nigh. have grace to ser
10 FIVE hundred dollars 10 his private S
~ ~ cretary to be divided between Il
o. Mol two. The prosecution represent tn
y =, the president, from whom Col. by
or received his appointment and at wl.o
"a u; suggestion Col. Broodhead W
q. chosen to assist in the prosecution,