The Cincinnati daily star. [volume] ([Cincinnati, Ohio]) 1875-1880, 1876-02-19
BABCOCK.
End of the Testimony, and a Mo.
ti0n that the Court Direct the
Jury f0 Ac0uit OYerruled.

End OF the Testimony ana q Mo-
Hon that the Court Direct the
Jury to Acquit Overruled.
BY American Press Association to the STAR.
ST.. LOUIS, Feb. 19.-While waiting
yesterday afternoon for the entrance Of
the Judges. Mr.. Storgs and the Govern
ment attorneys chatted socially togeth-
er. The other gentlemen who repre-
sent the defense seemed to be in the best
of spirits. At 2:30 O'clock Judges Hon
and Treat took their seats. Judge Dill
lon said the testimony on both sides be-
ing closed, defendants counsel moved
the Court for an instruction to
the jury to acquit the defend
ant. The case which the Govern
ment seeks to make against the defend
ant Is one which largely depends
upon circumstantial evidence, while it
claims to show that the defendant had
knowledge of the conspiracy to defraud
the revenue in st. Louis, and that he
participated in that conspiracy. The
Government has sought to implicate
him mainly By the testimony of Everest
as to the mailing OF letters under cir
cumstances which the counsel for the
Government maintained. would author
ize the Jury, not standing alone, but in
connection with the other effects In evil
dence, that defendant received a $500
bill and it was sent to defendant Tor
guilty purposes, sc. Certain tele-
graphic dispatches have been introduced
to and from the defendant.
The present motion involves the ques-
ton as to powers Of the Court and jury,
which is Of great Importance. Undoubl-
edly the Court is Judge In criminal as
well as civil cases, and the jury are
bound TO receive and apply the laws ex-
pounded by the Court IN one class OF
cases the same as in the other. In de-
Gliding upon the present motion 1t must
be assumed that all the evidence in the
case is true, and that the witnesses are
all credible; for ii there are questions
relating to the credibility of witnesses, or
what the evidence proves depends upon
the credibility OF witnesses or upon the
proper deductions to be drawn from the
evidence, these are questions not for the
Court, hut for The jury under advisemenl
of the Court.
The character of such a motion was
then fully reviewed and authorities cited
defining the duties and responsibilities
of the Court and jury, showing That the
constitutional province OF the jury un-
der instruction from the Court extends
to the right to decide upon questions
of fact in weak case as we'll as In
streng cases. 1t is not, continued the
Judge, to be inferred by the jury, from
the overruling of this motion or from
anything we have said, that the Court
expresses any opinion as to the weight
or force of The testimony in the case.
The only point we decide is that it is not
our right to take the case as it stands
from the jury.
At the proper time the Court will in
struct the jury as TO legal rules, in the
light and by the guidance of which they
will analyze the evidence before them,
and determine the weight to be given to
the several parts thereof. The reading
OF the decision occupied ten minutes,
alter which some discussion ensled as
to the arrangement OF the final argu-
ments i'll the case, during which Elk.
Judge Porter took occasion to mention
the Iact that Mr.. Storrs had labored i'll
cessantly in preparing and conducting
the case for the defense. 1t was finally
decided that the opening and closing ar.
guments shall be by the prosecution
After being in session about twenty min.
utes the Court adjourned till ~ O'clock
this morning.
Ex-Governor Sheppard and @. q. Snef
fin, one Of the Private Secretaries to the
President, left for Washington las
might.