The sun. [volume] (New York [N.Y.]) 1833-1916, 1876-02-19
GEN. BABC0CKS DEFENCE.
ASKING THE COURT TO DIRECT A
JERDICT or ACQUIIT1L.
Judge Dillon Denyins ihe nro,ion-The Fatal

Judge Dillon Denying ibe Motion-rhe FataI
Error Of the Defence In Introducing Mct!iII
The Very Bad Rcputati tion Of the Witness.
ST. LOUIS, Feb. 1s.-Procecdings in the
Babcock trial opened to-day with an immense
attendance, the idea prevailing that lively
scenes would ensuo In the production Of testi-
mony regarding the antecedents OF the witness.
McGill, and the attempt Of the defence to bolster
him up. Tho prosecution did 90 so far as to call
the Secretary of the Police Board as a witness
for this purpose, but as he did not appear at
once tho matter was dropped and evidence on
both sides closed. 1t had come to the knowl.
edge Of tho prosecution that late last night
meeting OF the Babcock party was held, at
which Postmaster Filley was present, the object
OF which was to devise means Of Temedylng the
fatal error Of the introduction Of McGill. To
prove the bad character OF the witness would
have been an easy m alter for the prosecution,
but as It was believed men would be brought
forward from the Post Onice to offer any amount
OF testimony In defence Of his reputation. tho
prosecution thought best to save the time. The
jury's opinion OF the nature Of the mans testi-
mony was, It was thought bY Dyer, already fixed.
II now appears that the Introduction Of Nc
Gil was decided upon only at n late hour by the
defence. The court adjourned at noon ycster-
day with the understanding that Grants depo-
terval It was concluded to risk the Introduction
OF McGil while be was giving bis testimony
Babcock's counsel manifested intense solicit
tude Krum was heard to whisper TO Storrs on
the cross-exaninatiOn hopefully, " lie hasn't
been caught yet: An examinatinn oi ihe police
been on the force twice and twice dismissed.
In the first Instance he was dishonor4bly DIS
charged for cont mpt. and IN the second for be-
ING found drunk In "A house uf il-faue. IL ap-
pears also that be neglected bis family, was fro
quently guilty. Of malircating prisoners when
Drunk, and that he bears the reputation OF
hard character generally. The conviction Of
Joyce at Jefferson City followed ut once upon
the discovery II forged evidence, ana 1t Is the
common remark to-dav that EabcOck should
have prJltcd by his example.
To-day sensation IN court has been the bold
NOV 'ment Of dcicndants counsel not unaf-
tlcipated az an earlier stage OF the iril. asking
with Instructions for an acquittal. The argu-
meut Of Judge Porter. whicn occupied the en-
tire iptenoDn' wts reiroincii9n Of the points
Of Wilian,'s speech. Int riaided with the pro-
ducti u of legal pfeccdents. lie admitted the
conspiracy. ana tnat Information came from
Washington, bat threw 81 tho onus upon tie
ggtut. Iloge. lilo relied upon IN explanation cf
Eyerest's testimony Father by tie assertion that
the receipt py Ba1cock 4 the letter mailed was
improved than ufen the evidence ~ Noun. IN
regard TO TIE tciegrams. he asserted that they
w,ie innocent ~ character II not In words, The
Signature ~ Sslph being "a u eve Captice. lie
fcicd VI on Grants deposition to Offset the evil
dence of .iog ~ aud Douglass. and attached
great weight to the influential tcstimony as 20
character. lie said It was cruel to gcep man
IN suspense ON such case for three days longer.
Brolhcad and Dyer each replied briefly. lncy
hrd 10 idea that the Court would agrcue to the
remarkable demand, t.king the correct yiew as
the result proved.
The decision OF the Cour. refusing the appli
cation coE7titu ed the Proceedings OF the alter
noon. IL was arraLgc1 that TIE prosecution
should open and close the argument. which
begins tomorrow. Comment was created by
the fact that a carriage was kept IN waiting at
the door OF the Court House for Babcock, as
though 1t wss really expected that lie would
leave IN triumph a fee man. Heretufore on
fine days he has walked the six blocks between
his hotel and the court room. The scene at tho
Lindcll Is rather gloomy tonight. Bibcocks
ffiends. though, express themselves as certain
Of at least hung jury.