The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1876-02-13
Fifty-two Pages or Presidential
Evidence.
THE DEFENCE OPENED.

ST. LOUIS Feb II, 1876
This day was almost wholly taken up by the legal
questions for the defence the admssibty Of
the Babcock-Joyce kilograms. The finishing touches
on the examination OF Commissioner Douglass given
this morning threw vivid side light upon the
dition OF national politics at Washington, showing as
they did. how much Douglass anxiety to retain Bah
cocks friendly influence for obtaining an Anticipated
vacancy IN the Court OF Claims had to do with the
Rings final triumph in eecting the suspension the
order transferring both Douglass and Rogers With a
supervisors smiling frankness.he admitted eager
they were to retain this potent nhuence-the FIRST TO
get his judgeship and the latter to be
promoted to the Commissonership as soon
as the other had got his judgeship. The
remainder Of the forenoon was consumed by efforts of
the prosecution to prove the authenticity the tce
by the telegraph clerks and the attaches OF the
White House who received the dispatches for Babcock
At every point they banied, however, by the
ceasng objections of the defence Mr.. Storrs' fertility
in raising questions Of microscopic nicely elected gen.
eral amusement Krum seemed rather enjoy the
trouble they giving the prosecution, and laughed
openly The prosecution called all the attaches OF the
White House to prove the handwriting of deceased
doorkeeper at the Executive Mansion, named Joyce,
who signed the receipt for OF the dispatches
to Babcock; and none OF Them although they had
been years together with Joyce knew his handwrt
lng-singular coincidence-and whom Luckey and the
other retaners got back into their they
TO ENJOY IT'S RARE HuMoR,
for they kept giggling for some time. These discus
sions Of every mark in telegram became, finally
dry that the jury had to have water. Storrs
persisted that the existence these dispatches did
not prove that they had been sent received, and
painted in lurd coors the backness of the prosecution
In trying elevate the records of the telegraph office
TO the dignity Of documentary evidence When Perry
clerk at the Planters House, testified the identity
OF bis signature the receipt book of the telegraph
company, Krum insisted that he could not possibly
remember that he delivered that very despatch TO
Joyce, and the witness had to admit it Luckey was
very nervous ON the stand
Babcock was busy all day rolling small paper shreds
into tiny balls and chewing them and few times he
smiled dersvey at the embarrassment OF the prosecu
lion During the ponderous argument in the afternoon
IS TO the admssbty OF the dispatches the jury looked
dreadfully bored,
Upon the opening of the trial this morning the cross
Examination Of j. W. Douglass, Commissioner OF In
lernal Revenue, was completed in few unimportant
questions on the redirect the District Attorney pre-
Bented affidavit purporting TO be charges preferred
in 1873 by Lindsay Murdoch, a collector OF
Internal revenue in Southeast Missouri The
charges were against John A. Joyce and Jonn Melon
AID resp ctiveIy revenue agent and supervisor The
Bnveope Endorsed by c. c. Snnen the Presidents
private secretary showing that it had been received
~ the Executive Mansion and referred TO the Treasury
Department, Another Endorsement showed the rel
srcnce To the Commissioner Of Internal Revenue Mr..
havit in his office The District Attorney said he pro-
passed 70 read the affidavit showing that, In 1873
rhaTges against Joyce and Mcdonald had been sent
LIE Executive Mansion and had gone through the de-
partmcnts The Court only allowed the witness to
testify that the Endorsements showed that such
charges had been received and dled. They
vead.
Nearly the entire morning session was taken up in
trying TO trace through telegraph clerks of this city
and Washington, and also by the doorkeepers and
pengers the Executive Mansion kilograms
yet admitted, 10 prove that they received and
Ter npd between M
and General Babcock in Washington. Finally the de-
fence waived this proof despatch and allowed
The following, admitted TO DO. in General Babcock's
handwriting, 10 be read
sYIPH DESPATCH
WASHINGTON D. c., Dec. ID 1874
General JOHN McDoSALD, ST Louis, Mo. -
Isucceeded They will notgo will write you
SYl.PH
Before this was read Judge Porter announced that
they proposed to make lengthy argument against the
admission Of tho other kilograms, and perhaps they
objected to- The defence wished point
WANTED
Deputy Commissioner Rogers was recalled and testi-
6ed.-I mad conversation with Geneia al Babcock in
regard the transfer Of agents. General Bah
cock said he had heard that Mr. Douglass about to
Issue an order directing transfer OF agents; told
him the order bad that morning been issued; he ex-
pressed his regret as It would bring political pres
the order, and that would work dsastrousy TO HIM;
Mr. Douglass at that time spoken of candidate
for the Court of Claims there would be more lesc
odium him. General Babcock SAID, Of the
failure Of the enterprise when the order revoked
either note or verbal communication from General
Babcock; had no previous conversation with him on
this matter did speak him before about the Judge
ship OF the Court OF Claims there not a word said
the conversation with General Babcock at his house
In regard to breaking up the frauds here Mr. Douglass
was not appointed Judge OF the Court OF Claims as
there vacancy; do not know that the
voking Of the order changing supervisors had cast
such odium Mr.. Douglass that he not appointed
In the conversation with General Babcock told him
should report the interview 70 Mr.. Douglass
On cross-examinatlon witness said:-I had two in
fcyreW he 6rsto f VIII I
sought m yself; my uteror object promote the
interest Of Mr. Douglass in connection with the Judge
ship OF the Court OF Claims, thinking, doubt, l.
might got the position held by him Commissioner;
General Babeock expressed great friendship for Mr.
Douglass; do not know OF any influence brought TO
bear except from rumor have the order transfer
ring the supervisors revoked; think made applica
ton by letter General Mcdonald 70 his as
sistance; had no suspicious OF him at that tmo; the
revokng order BY the President would create an
impression that Mr. Douglass was rebuked; the lead
ing object Of General Baocock was, Judge, Douglass
Interest although he spoke Of more object VIZ
saving the President from beng annoyed
ACCESSIBILITY or rELEGRAPH MEssAGEa
The opposition Of the defence to the admission Of
dispatches alleged TO have passed between Joyce
Mcdonald and Babcock carried to the utmost ex-
tremity They would admit nothing the clear proof Of
which could not DO produced rtey required not only
proof Of authorship and transmission oy telegraph put
hands Of the persons to whom they we're addressed
So prosecution have satisfied the defence only
In instance-that OF the "syiph" telegram given
shove The defence also objected 70 the relevancy Of
these dispatches and stated that they would argue
Their objections al consdeTaoe lengn, ana Win tnh
view they requested the prosecution W group all neir
dispatches together that argument might be made al
one time, rather than on each despatch when onerea
The despatch which met the most determlned and
pcrsIstent opposition from ST Louis on De-
cember 1874 70 General Babcock, washington,
signed ~ - and admitted 70 be Joyces handwriting,
out was not read and therefore ts contents are not
Known outside Of the counsel The despatch was
traced into the hands OF George Joyce doorkeeper at
tne sccfetaryg once Executive Mansion Washington,
VINO recepted for Il, but Joyce died some months
40 tnere - no positive proof thai General Babcock
ever received " Other dispatches traced IN Ike
manner TO doorkeepers aud others who recepted for
men, put these persons, placed the stand
ana .estned TO receiving and receiptDg for them as
SHOWN o the receipt books OF The telegraph company,
could not identity 70 the actual delivery Of
any particular despatch 70 the person 70 whom was
Judge Dillon made partial ruling on this question,
taxing the ground he did the other dav when de-
cidng about the tdmssl OF the testimony OF Mr..
Everest regarding the mailing OF letters 20. Mcssrs.
baOcock ana avery with money encosureA He