, 1876-02-23

seeertod. + was tl'o carrying :ous of this lat
LED 70 ALL THIS EXPOSURE.
THIS plan is approved by you. BY us, by the
wliofe country, except Col, Droadhead. rlso ar
EnoB that the rIcnident lad no right 10 chAnEo
lila plan. Tho next btsp in tho argument was
IN reference t9 thla knowledge At Washingson,.
Joyce and. Mcdonald, for reasons given by
them, reaigucd. Think you that tict resigns
tlone would have bccn accepted lad their con-
nectlon with the conspiracy bonn known In
told tllolr atory hcforo tho Grand Jurors liant
summer. tho Dthtrict-AttornoY lonrncd how
docp!y, Joycc and Mcdonald Were concerned,
and thoy uero Indicted. but tho ovidenco
aaainss them Wan not known: Lsser, joyce
was indicted in another dlatrlct for sasions nal
fcasaices In ollcc, and tried and convicted. In
Tint way the real caNe against Mcdonald waa
concealed. In midsunmcr,
NnOxALn WAH INDICTED.
His cnomtcR no doubt believed h,u, guilty a. he
was. but with the fact OF iia Indictment thore
waa circulated III tho papors tho wildcat Of sto-
rles. tlat tho Tlcasnrv Department. NAB in 1oaguo
with Mcdonald, ard oyen tho Trcsldcnt himself
taese ato1Ics. 1t wau but natural that In Waah-
ingson 1t was beloved that thcso distil!srs to
nllcd themselves. had Hworn fa1aoly ngainss hfc-
Donald. i WAS not believed that he was guilty
until last Noyo1nber, when, on hss ttial, tho legal
evidence proyod him beyond ali doubt to haya
been involved in this conspiracy.
judge Porter thon referred to ttn
COMMON ADtloHnEKcE Or TA1ArIo::,
and OF tue HsronE temptation to avoid Il. He
sald lo Lad no doubt tho diB.illcra felt TINT tho
tax was unjust and wh!'o that did not justify
them. theIr crime wsa immeastrably less thai,
That Of the officials. "0ontcmen,h said Judge
Porter, "you wouldn't to-day tAke tho word Ut
Joyce, It ho wore hoIo, for tho Government. OF
porJuror. and thief. You wouldn't boiicyo him
on oath, and yet they aBk you to boItovo lin,
utlsworn, when he WAS stating what was for hts
own interest. 1hcy would have you iako
conhptrator."
Judge Porter then proceeded to sna'yzo The
eskOnce for tho Government. lie said
"Ilioy havo not produccd \ siuele latter coa-
,vicsing h'lu Of c0nueciion with tho conspiracy.
They
HAVE NOT PRODUCED ONE SINGLE TELEGRAM
Showing t4at ho over harEaiued for or received
ouo cent Of this money. They havo had testi.
inony that Joses received It, that Mcdonald ro-
celycd It, that Everest received it, that Mckee,
that DaLcock received. All tl,oy have Is ttia,
that In tlyo years he dispatched ono telegram to
Joyce. and that dictatod by tho President, In
thosc worlds " Soc TINT Forti's bpndsmo,n Tec-
ommend YOU" y; that during al the timo Joyce
tho Commissioner. on Avery, on tho President,
Oh everybody oBo, ho only eout six kilograms to
Dabcoek. and only two Of fhoso Dabcock anBwer-
cd. Quo wRs toEcling Tho reported tnoyemont
1E nEatnst alepopald. and to this BaGeock replies
he nccms friendly. Tho other ID Of
lilo 18th Of December, aud signed Hyjph."
And yet uen. Babcook il held to nnswer to a
knowcdgo Of conspiracy when not tho slightest
evidence baH been introduced to provo that lIo
had tho opportunity for obtaining Ii.
ASSAULTS on TIE PRESIDENT.
Referring to tho neuspapor assaults which
have boon uada upon tue President in conncc-
ton with this mhttcr, tue speaker said osou the
most vio1ent papers had not vcntured to declare
that TUG President waH ,priyy to tho conspiracy,
but they had male covert mud COW
atdly insfnuhtloua 10 that purpose. Now,
thcao tnslnuations should bo brought
S tsr or h5og 81 W.. psefs t Il tho nhsF eev s
What q sublime absurdit5 It was that tho presl-
dent should violate his Official oath by conspir-
ing with Fitzroy. and within t1roo years these
co-conspiralore might hAvo tho eraco to sond
twoen tho trio. The prosecution would have It
beloved shat tl.a President, from whom Col.
Dyer received hls appointment and at whose
suggehtion Col Droadhead WAS chosen to assist
face Of Lis injunction to tho Secretary
escape" beca,lse ho told the facts
within his knowledge that they might bo used
for whatever they wcra wortl, in dofenso Of
mau thus assailol? What ara Ills anteccdcn.s?
The speaker hero grew eloquent In his lauds-
t,oua Of tho President. declaring that he Was
recognized In Europo as tho furemost repro
sentative Of American character, aud that such
honest mon. Neither Of tho Government coun-
sol had made any open statements to tho effect
SGT FORTH but thoy had tiseouioualy loft 1t to bo
inferred. md Tho htrataGem WIS hardly to 10
was niup!y
4 prGrcnATR rrantrnCr
Of sinking prosecution. The dofenso had inter-
posed not q BlnEto tecliuical objection to the fn-
PRODUCTION Of toatflnouy, although some neHs-
pSpsss seemed to 5es% 81 objections ; Al 'eshnl- M
introduction Of nnaworn atatemcnte OF trtespon-
Biblo personn. The prosecution rather had In
terposed ail the technical objections az tue
record would prove, aud this wsH tho first time
Dofore tue case cano to trial himself
md co-counsa arriyea At the con-
oiusion that The Indictment could be
quaBlod on legal grounds Without trial, and
daternlnod to make NJ effort, but Geu. Dabcook
that no technical points be raised to prevent 4
thorough examination OF tho case. When tho
oyidcnre Was all In, the dofeueo had folt satiA-
lied sAcre weto good grounds foE asking III III
sb.suoo It X tuessaa p1ooi ' Msnoe % s s uer Mo
tion Waa mado. 1AB Court decided that, IN
yieN Of tho conflict OF authorities, 1t would be
safor to let tue case 70 to tho jury. The
defonse regretted, OF cournc, this dooision. but
acquleasod Init as rsault OF profound consider
ntion by pure and learned tribunal.
Tho epoaker hore addressed tho Court and
cited authorities In favor Of sha ustructfon Tint
in q case dopouding ou circumstantsal evidence
a MOTIVE ron TUE cn1atx
nluat be proved to tho jury. Uo urged tho fact
that no adequate motive had bern proved here.
Tho conspiracy was ooid-blooded combination
for money snd nothing olsc, aud yet tho proas-
cution teH tho Jury that conspiracy which could
not buy Drnsheer's influence for aIugla report
for loss than. 10000, which could not buy
IIoga for less than $lb,0q0, which could mt &c.
cuso dAugor's ssrvcoa except for one-lfth
man Of Bsboook'a high character and position,
In whom tho Presidents confidence. wss ll.cd,
and stl oxiass. for tho paltFy sum OF $500. which
Everest says ho put into tbs atreet lott1r-box Il
JoSce's inusapco, IL thia not fas voraa thau
total abssuce of motlyol
cIHouMATAkTlAL EVIDENCE.
On she opening Of tho session Judge Porter
hla spocch, and aldtesAnd hlmsolt to
that rule of law wlloh declares that Ia casea OF
evidence; that evidence, In orlar
10 wArEant verdict Of guilt must DO susceptible
Nf AV1nIA 1Ntr AE4& 4