The New York herald., 1876-02-25
THE TESTIMONY OF CONSPIRATORS
Character and Reputation to Weigh
Heavily in the Balance.
THE MOMENTS OF SUSPENSE.
The Jury Return with Surpris-
ing Promptitude.

element Knots OF people line the streets and talk
about the verdict which took everybody who had
heard the Judges charge completely by surprise
Those who heard 1t smile and say that after such
charge nothing else could have been expected. Judge
Dillon considerable portion of his charge this
morning and let the counsel and jury wait an hour be-
fore he made his appearance Strange to say the at
tendance much thinner than yesterday which was
owing to the general assumption that the Judges
charge would be extremely favorable to the defendant
that little curiosity felt to learn its drift Its
reading, which was very rapid, occupied from eleven
till one o'clock The charge much longer than
was expected, and, had Judge Porter delivered
H. It would have taken six hours at least.
Public anticipation was not disappointed. Storrs
face beamed with delight He kept noddng, with in
tense gratihcaton and approving smiles Williams.
Babcocks face. which gave evidence of greater
tai anguish than any previous day also cleared up
under this hopeful charge He looked, when he en-
tered the court room, though he had spent sleep
less night His horid ruddy complexion was some
what faded, his eyes had dull watery expression,
If he had wept, and the facial muscles evidently
stfened 10 their utmost tension to the ordeal,
but at O'Clock, when Porter and Storrs had com
municated to him in whisper their entire satisfaction
with the charge he looked greatly relieved
DEFENcE
Judge Dillon emphasized every point for the defence
most strongly while passing over the allegation OF the
government with mere recital OF portions OF the testi
mony When the crowd of spectators, among whom
all The leading lawyers of St Louis filed out of the
court ROOM after the jury had been sent to their room
the opinion seemed to be universal that the charge
stronger than that in the Mckee 1t was
considered remarkable that Judge Dillon, among
other things, should have failed TO read Commissioner
Douglass testimony, saying simply that 1t must still
to read almost the entire direct examination of the
President which must have been just fresh in their
minds, emphasizing strongly every word and applying
all those portions Of the dispositions tending TO vind
cate Babcock conclusive. Another point which
evoked much harsh comment that he dwelt with
the greatest upon the value of the testimonials
Babcock had received to his character and de-
cared that in some cases good reputation could en-
tirely override testimony OF doubtful nature.
Colonel Brodhcad who is the acknowledged leader of
the St. LOUIS Bar and a man of eminent fairness re-
marked upon both these features of the charge and
pressed feeling Of painful surprise at them While
the Judge reiterated with much fervor his warnings to
the jury against allowing themselves to be influenced
by popular camor he cautioned them against
the immense official influence that had brought
Babcock's favor this case, and while setting forth
the great strength of the high character and repu-
tation OF Babcock he did not say a single word
as to the complete equality of high and low be-
fore the law Another point which regarded
by cavling and acrimonious persons grossly bassed
that, while dscrediting the testimony Of selfcon-
essed conspraors and vivdly presenting to the jury
the imminent danger Of receiving 1t credulously, he
never even limited at the universally admitted mpossi-
biity of convicting consprator except through the
testimony of his accompllces There we're some peo-
pie during who shook their heads and said that
after this charge no verdict OF guilty could be
pected but the result was, nevertheless great sur
prise.
TIE JUDGES CHARGE.
Judge Dillon said, in beginning the delivery of the
charge the jury that all the propositions he had
make he had the of his associate on the
Bench Judge Treat He explained to the jury the i'm
portance of the case and the which had made
il necessary to keep them SO isolated high compIi-
ment was paid TO the counsel and the management OF
the case both SIDES Approaching the issues Judge
Dillon said two main questions arose-one as to the
existence OF the conspiracy and the other as TO the
connection Of the defendant with it. The nrst question
required little attention. as the arguments
OF the counsel on both sides seemed TO
accept the existence OF the conspiracy as
proven. The second question, the connection OF the
defendant with the conspiracy was then taken up The
Jury cautioned at length TO be on their guard
against the influence OF popular camor They were
also reminded that the government owed duty its
citizens well its and II lay in the province
OF the jury to acqut as well as convict The prosecu-
tion had presented evidence TO show that the de-
endant had declared hs connection with the
spiracy or had written a direct admission
not require this. 1t Of crcum-
stantal evidence. II right for them 20
government alleged, the only motive, that OF pc
cdniary gain The evidence OF Everest, who mailed
the letter in which he thought Joyce put nve huu-
dred dollar BILL aud the evidence OF Mag who testi-
ned to taking from the letter box similar letter and
returning Joyce, considered and the ques-
tion OF credibty left to the jury The kilograms, let
iers and portions the Presidents deposions bearing
on the death OF Collector Ford aud the appointment OF
his were read Two questions the Court con-
sdered arose on the successorship CT Ford The hrst
was whether the defendant sought TO Influence the
President on the successorship and the second,
whether he did this in the Interest OF the conspiracy
having knowledge of that conspiracy Judge Dillon
'"S' THE DISPATCHES OF THE SPRING OF 1874
relating 70 Joyce's visit to San Francisco and Com
missioner Douglass permits other revenue agents to
go OF their districts. Also numerous letters from
joyce Babcock Hoge and Brooks and lengthy ex-
tracts from the Presidents deposition, arranged In
Chronological order nterspersed with comments on
them Most Of the dispatches relating 10 the transfer
Of aud the revocation Of the order 10 trans
fer them also gwen Touching the letters sent py
Babcock Mcdonald under cover oil MAJOR SrimeS sns
Court neither the prosecution nor the oeehce nao
produced said letters or shown their contents and tue
jury liberty TO conjecture what tner con-
Tents Passing more general view OF the case
and the evidence Judge Dillon spoke as follows
Various classes OF dispatches, as you VIII nave per-
ccved have been laid before you: some 70 tne
ant and some from him; between confessed con-
sprators referring TO the defendant and unaccon-
panied BY proof thai he knew Of them ana otner .e
dispatches between revenue officers and 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 70 him. They admitted TO
show the nature and purpose and toe plan and opera
tons OF the conspiracy Guilt cannot be fixed upon any
person by the declarations statements oral or writ
ten, OF others Guilt must originate within a man ;
breast and u mus. be established by his own acts,
conduct admissions. Hence In determining the
question OF the defendants guilt, 80 far as Il
IS sought TO DO shown by the dispatches,
urinary reference must be had 10 the
dispatches and from the defendant and especially
such dispatches as he Is shown TO have acted II
The dispatches TO and from the defendant In connec-
on with the other facts and tho case
show that he knew OF the alleged conspiracy and that
he was guilty partcpator therein, the dispatches
Of bis fellow consprators among themselves or 10
Others, sent for the purpose OF promoting the con-
smracy. become evidence against the defendant but
the dispatches mot shown TO have been acted by