The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1876-02-16
THE SYLPH DISPATCH.


OVER THE NEUTRALITY-SUSPICIOUS. OF THE
COUNSEL UPON THEIR ADMIssIoN-MoRE
WIND COMING MONDAY.
ST. LOUIS, NO., Feb. l2.-Upon the opening of
the Babcock trial this morning, the cross-ex-
aminationof ]. w. Douglass, ex-commissioner
OF the intern Al revenue, was completed in a few
important questions. On the re direct,
affidavit purporting to be charges
preferred In is73 by Lindsay Murdoch, a
Mi souri,. The charges were against John A.
Joyce and John Mcdonald, respectively
revenue agent and superior The envelope was
secretary, showing that 1t had been received at
the executive mansion and referred TO the
treasury department. Another indorse.
commissioner of the internal revenue, Mr.
Douglass could not testify that he had seen the
that he proposed to read the affidavit, showing
that In 1873 charges against Joyce and Mcdonald
had been sent to the executive mansion and had
gone through the departments. The court only
allowed the witness TO testify that the indorse-
ments showed that such charges had been
ceived and d ed. They were not read. Nearly
the entire morning session was taken up in
this city and Washington, and also by the door
keepers and messengers OF the executive man.
sion, certain telegrams not yet admitted and to
Ir0ve that they were received and sent back
and forth between Joy ce and Mcdonald nere and
Gen. Babcock In Washington. Finally the de-
allowed the following, admitted to be in Gen.
Babcock' Is handw riting. to be read;
WAsHINGToN. d. G., Dec. 1S 1874.
Gen. John Mcdonald, st. Louis, Mo-:
Isucceeded. They will not go. 1 will write
you. (Signed@ SYLPH
Before this was read, Judge Porter announced
that they proposed TO make lengthy legal ar
gument against the admission of the other Iele-
grams, and perhaps they might wish TO include
this "slyDh" dispatch in those objected to; the
defense wished TO reserve that point. Deputy
Commissioner Rogers was recalled and testified:
had convers .tion with Gen. Babeock in re-
cock said that he had heard that Mr.. Doug ass
was
ABOUT TO ISSUE AN ORDER
directing a transfer of agents. / told him the
order had that morning been issued He ex-
pressed his regret, as II would bring political
pressure on Douglass and he would be forced to
revoke the order, and that would work dis
astrously to him. Douglass was at that time
spoken of as a candidate for the Court of Claims.
There would be more or less odium on him
General Babcockl on account OF the failure o.
the enterprise when the order was revoked.
That interview came about by a messengers
bringing me there note
verbal communication from General Babcock'
had no previous conversation with him on
this matter. / did speak tc him before about
the judgshp of the Court of Claims. There was
not a word sa d in the conversation with Gen
Rabcock at his house IN regard to breaking up
The frauds here. Douglass was not appointed
Judge OF the Court OF Claims, for there was no
vacancy. do not know that she revoking of
the order changing supervisors had cast such
O1.um on Mr. DOOgiaSS that he D.
poin ed. In the Conversation with Genrai
1aecocE, ibs s5,srI,s told him n1l, shoud report
had two interviews with Gen. Ba6cock, the first
of which l sought myself. My ulterior object
was to promo the interest OF MIR. Douglass in
connection with the judgship of the Court of
Claims, thinking no doubt might get the posi-
ton held by him as commissioner. Gen. Bab-
cock expressed great friendship for Mr. Doug
lass. do not know of any in fiuence brought 10
pear. except rom rumor, to have the order trans-
made application by letter to Gen.
Mcdonald TO secure his assistance. l had
rsYaaDg Of & Of 6Tdsr h% at at that lime
would create an impression that MIR. Dou glass
was rebuked. The lea ling object of Gen. Bah
spoke Of one more object, viz: saving the pres
dent from being annoyed. The opposition of
me defense n "a ard the admission Of dispatches a.;
and Babcock was carried to the utmost ex-
tremity. They. would admit nothing, the clear
required not only proofo the
AUTHORSHIP AND TRANSMISSION"
by teleg aph but that the dsr atches were ac-
tuslly placed in the hands of the persons to
whom they were addressed. SO far the prosecu-
ton have satisfied the defence only in one in
stance, that of the "Sylph" telegram, given
above. The defense also objected TO the rele-
vancy of these dispatches, and stated that they
would urge their objections at considerable
length, and with this view they requested the
prosecution to group ali the dispatches together,
that argument might be made at one time rather
than on each dispatch when offered. The dispatch
which met the most determined and persistent
opposition Is one sent from St. Louis on Deem
ber 3, 1874 to Gen. Babcock at Washington,
signed ~" and admitted to be In Joyces hand
writing. But 1t was not read, and therefore its
contents are not known outside of the counsel.
The dispatch was traced into the hands Of Geo.
). Joy ce the doorkeeper at the secretarys office
at the executive mansion, Washington, who re-
ceipted for IL, but as Joyce died some months
eyer ssas were ace %
Ike manner to the doorkeepers, or others who
receipted for them, buy these persons,
testified to receiving and receipting for them, as
shown by the receipt books OF the telegraph
company, conld not identify or swear TO the
person to whom it was addre ssed. Judge Dillon
made partial ruling on this question, taking
the same ground that he did the other day,
when deciding about the admission of the testi-
mony of Everest, regarding the mailing ofletters
to Babcock and Avery with money Enclosures.
He said: Ii is true there Is positive pro that
this dispatch was delivered 1t is traced into the
ma nsion. BE has no Independent recollection OF
this particular dispatch. He states that his
ssY on ssnS 70 & b Sels men WON'T
say that this does not raise large presump-
tion that this was received, but we are inclined
Is evidence wide S tending to snow that and is proper
TO be laid before the jury for their consideration
1t was then agreed that the dispatches should
ofthelr delivery, etc, and their relevancy
should be argued at the same time.
Attne opening Of sr4
al ga THE AFTERNOON SESSION
the counsel on both sides appeared with nu mer-
GUS law books and evidently prepared to make
their arguments as strong as possible. Several
witnesses from washington, including Douglass
and Rogers, were excused from further servic
and will leave for home to night. Mr.: Storrs
opened the argument for the defence. he SAID
that this seemed to be a good opportunity 10
take the bearings in the case. TO inquire whether
they drifting and, If possible, to get out OF
this fog, this smoke, this general co ss,fracy 10
which they had been for the last five days. 10
do this, 1t was ne cessary TO consider the thdct-
ment. Nearly five days had been spent In try
ing 10 ascertain whether any conspiracy ever
existed. very small part of that time had
been devoted to the defendant, and up 10 this
time nothing had bean produced against him.
{ This conspiracy must first be shown to have
! existed. IL is not every Gee araton which Is
| admissible. The admission, in whatever shape
or declaration, in whatever form not material