Carson daily appeal. [volume] (Carson City, Nev.) 1873-1877, 1876-02-26
The Babceck TriaI-JudEe's Charge
and ...e Verdict.

/ =
and ..9e Verdict.
We herewith reproduce report of the
| closing words of Judge billions charge
to the jury and other scenes and events
having reference to the ending of the
! trial Of General Babcock and his hi
Urnpant acqul'tal:
| The rule of law IS that accomplices
are competent witnesses; that means
| that the parties have right to have
them sworn. 1t also implies that when
sworn YOU shall consider their testimony.
They are competent witnesses, and under
the legislation of Congress may be COM
PEELED to testify. The testimony of con-
spirators IS always to be received with
caution and weighed and scIutinized with
great care 10y the jury. who should not
RELY upon 1t unsupported, unless 1t pro-
duces in their mind the fullest and most
positive conviction OF its truth. To the
Jury exclusively belongs the duty Of
weighing the evidence and determining
the credibiIity of witnesses. With that
the Court has absolutely nothing to do.
The defendant has produced an impress
acter who have testified to his previous
uniform and genera! good reputation rs
a man Of uuques,ionable integrity. This
competent evidence and the good char
acter of the defendant in this respect is
a fact to he weighed and considered by
the a.. N the light of which they
should view all the evidence and deter
mine the question Of his Innocence or
guilt of the crime charged against him
IN the Indictment. II the evidence can
not be reconcilsd either with the theory
OF innocence or guilt the law requires
the jury TO give 10 the accused the bene-
lit of the doubt and adopt the former.
1t is not sufficient IN a criminal case to
justify verdict of guilty tina: there may
be a strong suspicion or even strong
probability OF guilt, or as In some cases
a preponderance of evidence IN favor OF
the truth of the charge against the de-
fendaut; but what the law requires Is
proof by legal and credItabie evidence of
such nature that. when it IS all consid-
cred by the jury, giving TO 1t its natural
effects, they feel, when they have duly
weighed and considered II, a clear, I'M
doubling and entirely satisfactory convic-
ton of the PENDANTS guilt. This and
this only is required. II thus proved
the Jury should convict, Tut II not they
should acquit. We trU,t, gentlemen. 1t
is unnecessary 70 Ie,niu you that neither
partisan feelings or outside views should
have the slightest influence upon your
minds as jurors. Thus we commi. this
case with all its issues to your decision
and may the good Father of Us all give
YOU the light to see and the grace to dis
charge your duty
At twenty-five minutes past o clock
the jury sent word that they had found
q verdict and were Immediately ushered
into Court. On taking their seats the
foreman handed the verdict to the clerk,
who read it as follows: We, the jury,
find the defendant not guilty" Some
demonstration in favor of defendant was
made bat it was quickly stopped. There
was a general handshakIng, however.
and General Babcock crossed over to the
Jury and most heartily and feelinGly
shook the hands of each jUryman. The
General and his friends then lett the
Court for their hotel. On reaching the
street the party was heartily cheered by
a great crowd congregated in front OF the
Custom House and almost everybody
seemed well pleased at the result.
Ever since General Babcock discharge
by the Court his hotel has been crowded
with the most prominent citizens OF s..
Louis to extend their congratulations on
the result OF the trial. Abou. 3 clock
this evening the officers at the arsenal,
accompanied by the band, gave the Gen
eral serenaie. Colonel Hatch made q
brief speech in which he congratulated
Babcock, and said the verdict was an
other evidence Of the closing OF the gap
between the North and the South, and
the restoration of peace and fraternal
feeling. and called on the band to play
Dixie, which was done. General Dab
cock was thsn loudly called for and rs
sponded IN about the following words:
"GeutIemen Of ST. Louis, l thank you
for all your expressions q kindness to-
wards me. My heart is too fall for me
to make speech to you tonight even If
| could DO so under other circumstances.
| must thank all most deeply. He then
introduced Mr.. S:orrs, who made few
remarks.
The King Of the Sandwich Islands re-
gently r,arfI1Del n murderer hecauSt he