New-York tribune., 1876-02-15
THE TRANSACTIONS IN COURT.
GENERAL PRESS DIsPATCuJ

ST. LOUIS, Feb. 1l.-Judge Porter, in con-
Guiding ns argument against the admission OF the tee
grams in the Babcock trial, occupied nearly all the
mornings session to-day His position that the tec-
grams writings and whether proved to he what they
purpored be in origin and destination, it Is still
question of law whether they be admitted as ev-
dence He said he did not by any means admit, how
ever. that the proof and identification had been shown.
TO the great majority of these kilograms there were pro-
duced at all such were merely hearsay,
merely letters relating TO facts aud making Inquiries
which did not convey The slightest hint OF conspiracy
but none OF these whatever might he shown ot them,
whatever construction put upon them, admissible
as testimony until by intrinsic evidence il lad been
IS ablshcd that Gen BabcOck had knowledge of the
istence cf conspiracy. That must first be proved and
II had not betn proved.
After judge Porter concluded, Thos T. Walsh brother
in-aw Of Gen. Mcdonald. chlt clerk in his Office when
Supervisor was called He identified several letters and
dispatches written by him AT the dctation Of Mcdonald
and alss identified several signatures Of himself aud
joyce affixed to receipts for kilograms to Mcdonald
Joyce, and others.
On the opening Of the afternoon session. Judge Dillon
read the decision Of the Court touching the adnssiby
Of dispatches as follows:
Respecting the objection against the admissibity as
evidence of ceran dispatches, the Jn1ecs nave united III
the concusio Respects al except tNo di,at' rs' re
spectvey dated the 3D. and 9TH OF December. We re-
the questions arising those Gshicbes, whic
arc somewhat novel and peculiar, foT further consd"r
which We proceed state and notice aud decide We
~ Of opni that the objection 10 the disPatch' based
upon the ground that they not relevant or material,
20 20 o,.r c,,rtrvt,tj nnrstions az facr uI,d,r an
Droprt advice nom Court 10 assist th,n IN the dis
charge Of this duty Ii the evidence offered tends IN any
degree 70 establish the existence of any material f3ct
II cannot be objected To in necyani, but
must be received ANA submitted 10 the consideration
Of the ury IN connection WIN all ie faciS hnd cicnm
stances OF the reject The dispatches offered.
the ground That they were Irrelevant and Inmate di
won be decision by the Court that such dtslatchcs
IaH pt In ".
would take that question which Is question oil aei,
questions OF iact We do deem II eXpcdicn proper
upon the several dispatches, or 10 say any
tnpg in the pcseuce OF the jury ~ 20 the views OF the
Court upon the aud effect Of them. II is not 10
inferred that III admitting the dispatches the .nnrt
the alleged piracy. A. TO the objection tnai some or
The dispatches addressed 10 thc defendant were M
answered we are Of opinion that under the clrcun-
stances of the case this does constitute sti
cicnt ground 10 exclude them Such dslat hes are o
be view od N cOn witn all the ciIcunsi'nces ni
the case the Of the depat, hes, calling
for Otherwise and the situa Ion ANA rcla
81 parties; and the effect TO he gwen I" tbe CIR
cunstanee that answers were returned, II the dis
patch, received by the Gef ndn, Is to be deter
mined 10y tne jury upon the wnoe evidence IN cr ihe
rues OF law To be given in charge Of he jury bearing
upon IL. subject A. TO the dspatcIes between McD
aid and joyce, confessed conspaOrs such us .ches
are admissible statements or acts oi conslfdinis
among them-ciycs ia lurthennce of Tie conspiracy But
sto he Ceienoan TINS goes Tor nlnRht u.,ss Il" ~
shown hy otncr evidence To he connected with the con
spracy charged in the indictment.
Mr. Kennedy DuG manager Of the Atlantic and Pacific
plaiued the manner of handling dispatches IN that
Office One OF the dispatches in question: aud 10 which
the defense made most strenuous olJrctIOns-the one
dated Dee. g. 1874 aud asserted 10 have been sent 10y
Cen Babcock 10 Joyce-coul not be found, the package
of kilograms of that day having been lost, ana
only a copy was produced. This dispatch II
alleged TO have been answer 10 one sent 10y
joyce from 81. Louis to Gen. Babcock, aud was
traced into the hands Of George Joyce, doOrsccper
AT the White House. but Joyts signature had not been
identified by prosecution, and therefore ts delivery
only inlercntal.
The Court decided that the record and register of the
telegraph Office did the difficulty in this case
These dispatches the referred to In Judge Dl-
Ions decision gwen above and about which he reserved
opinion.
c. Snin one OF the Presidents private secretaries,
was called but he could identify George JoJccs
writing.
W. f. sperry and Messrs LennOx and Cunningham.
clerks at the Planters House in this city, testified to
having received rcce ted several dispatches 20
Mcdonald and Joyce in 1874, mostly in December,
among them dated Dec. ., supposed to be the one
asserted have been sent by Baocock to McDOnnd and
to which such objection has been made.
f. b. Brown manager of the Western Union Telegraph
office In this city. then explained the in which
the records his Office kept, and how kilograms
handled both for transmission and delivery.
Col Dyer then read the following tclegrams, which
OF the afternoon session.
JouN McDoNALD ST. Louis: Things look all rigt here.
I1t the ulacuiue 90 JOYCE.
WASHINGTON, July 3, 1874.
JOHN MCDONALD: Matters are hunhy. Colthyrly and
watch shaipy. 'oi'L"
wAsHIsGTOS, July H. 1874.
JOHN MCDONALD, ST. Louis: Am here on my return.
WHAT can do for our sidef JOYCE.
ST. LOUIS, July 1s, 1874.
JOHN A JOYCE, Washington: See MacguIics letter 10
Commissioner concerning Busby's house, sure
join MCDONALD.
Here in several Avery kilograms which were not
admitted, but taken under consideration Of the Court
ST. LOUIS, Aug 3, 1874.
w. o. AVERY, Washington: Have friends started West
81. LOUIS Aug q, 1874.
W. o. AVERY, Washington: Are friends coming West 7
See IL. and give me soundinss A.
IA. JOYCE, ST. LOUIS: Your friend is in New York and
may visit you Avkhf.
W. o. AVERY, Washington: Give something positive
on movements Of friends. Act surely, pro pity A.
WASHINGTON, Oct. 10, 1874.
John A. JOYCE, st. Louis: Put your house In order.
Your friends will Visit you. MACK.
10 T. BABcocK Washington: Have you talked with
d. Are things right Howl Answer. J.
WASHINGTON, Nov. 10, 1874.
JOHN T. Ho0E, Ieaia, Ohio: VIII you be In attendance
In bt Louis Oh the ION. as requested H. C. RoGaRs
CINCINNATI. Ohio. Nov. 10, 1874.
II. O. ROGERS, Deputy COmmtssi0n<r, Washtagt0n! L!
90 TO st. Louis tonight In obedience TO request
WASHINGTON, Nov. %, 1874.
JOHN 7. HooE, Xenta, Ohio: Report here In person
nj once, ]. W. DOUGLASS
xENA, Ohio, Nov. 26, 1874
W. DOUGLASS: Am detained oy sickness IN family