The New York herald., 1876-02-11


concur, both OF US IN the conclusion, adopting the
language OF Chief Justice Bigelow, TO Widths Is
skuenoe tehdlnB 10 snow that such letters feaCpeu
ther destination and were received by the persons to
whom they were addressed. -
rHE To JUDGE or THE LITTER
The Court then proceeded This Is not a conclusive
presumption, and II does not create legal pre-
sumption that such letters actually received. lt
Is simply evidence admissbly tending il credited by
the jury, TO show the receipt Of such letters fact in
connection with other circumstances be referred TO
the jury under appropriate Instruct ons and its value
VIII depend upon the circumstances of the particular
case IL is objected also that the evidence ig ad
mss1e as tending to prove the receipt Of the money
as having no probatiye force. II II ad-
Intted here by counsel for the government that
this was all the evidence which they expected TO
produce for the purpose of connecting the defendant
with the alleged conspiracy its conclusive character
standing alone ia case where the defendants mouth
is sealed would doubtless be such that the Court would
be bound 70 say to the jury that could not be safely
made the basis OF conclusion incuipatng the de-
PENDANT IL may not have been actually received.
The writer may not have been known. His purpose
may not have been known the person who received
il may not have known why it was sent, or may not
have invited Il or known that It in any way
nected with the guilty purpose ascribcd to II by the
prosecution as any illegal purpose or PLAN and as men
act differently under the circumstances IL for
the jury under proper instructions by the Court
look at the letter, If it sent and received in
nection with all the other circumstances in evidence.
THE ENVELOPE ADDRESSED TO BABcOCK.
Mr.. Everest was then recalled to the stand He tcsti-
ned-COone Joyce handed me two envelopes and di-
rcced me TO put them in the letter box for him. which
did; Joyce was watching mo from the window OF his
onice; l was facing him; could see him watching
me- saw the directions the envelopes;
directed TO w. o. Avery, Washington, d. c., and the
other to General o. f. Babcock Washington, ID. c.
each Of them had "Persona on the left hand corner
they were ordinary envelopes and had no printed mat
ter on them; did not any that day; left
the city June TO- 1875 and went to New York civ and
from there to Liverpool; left Liverpoolas Christmas
and arrived in New York on the 7th OF January.
Crossexamined by Mr. storrs;-I have been in this
which mailed the letters 1t was in either February
or March, 1875, but am not positive; think it IN
the latter part of February early part OF March;
got the money FIRST from the Supervisors office;
Colonel Joyce stood in front OF his desk he put
ne noney ih the enVelopes the envelopes were ON the
taoie when handed him the two i've hundred-dollar
bills then sat down to his left watching him
attentyey; he FIRST took the two envelopes up, took
the paper out of ono Of the envelopes and put tho
bill in; | did not him put the other
$500 in the other envelope; am not positive that he
did put IL in whether was in the letter directed TO
Babcock or to Avery that he put the bill | cannot
say; when went 10 Liverpool had no special bust
ness there except to get out of the way knew was
in the Whiskey Ring, and wanted 10 keep out OF
trouble | went TO London and Paris after leaving
Liverpool; then Went to Rome, where received let
ter ffom my brother TO return home; he did tell
me IL was safe for me TO come, and did not think
safe TO return; met Colonel McFa when landed in
New York, but the meeting accidental;
from New York l went to Philadelphia where
| met District Attorney Dyer he came me;
told him just what have testified TO; told Colonel
Dyer since came here what would testify TO on the
stand told him couldn't be positive which envelope
saw Joyce put the $500 bin into there has been
pressure to make me remember that there $500
bill placed in both envelopes; when before the
Grand Jury and on my direct examination said pre-
the second $500 bill was put in the other enveope
well as in the one said; l do not know whether
l have been indicted here not; the papers
say am; made no inquiry about it; have never
been arrested any Indictment; can't say why there
has been no understanding bargain about It. there
have been no hints TO me that would be arrested
have reliance that will not be; before the
Grand Jury at the May term, but did not testify that
knew nothing of the whlskey frauds
On redirect examination the witness explained that
Joyce was standing up at his desk when he put tho
money the envelope and after placing bank note
in one envelope he turned partially around wit
ness could see only part OF the other envelope and did
not sec the other bill put into IT,
Henry p. Alexander, chief clerk and teller in the
United States SubTreasury in this CITY, testified to hav-
ing given two $500 notes for small bills to a man whom
he did not know about year ago, but he could not
identity Everest as the person to whom he gave them
in fact, he rather thought Everest not the man.
Edward B. Frazer, OF the distilIcry firm of Beves
Frazer then took the stand and for the fourth time
of his firm during its existence. There was nothing
new brought out either in the direct or crosseSamlna
ton OF this witness, and nothing whatever relating in
any way to General Babcock
The Court then adjourned
DISCLOSURES
Tomorrow the prosecution will probably call En-
gelke who will testify to the general conspiracy and
MAJOR Crimes OF the Quartermasters Department
through whom the secret correspondence between
Mcdonald after the lattcr's Indictment and Babcock
carried MAJOR Grimes, however, is intimate
with Captain Luckey and Babcock the Linde
Hotel, and the prosecution will probably not ex-
tract all he could tell II time remains and the
greater part Of the day is not taken up with
legal hairsptting, il to-day Revenue Com
missioner Douglass and exDeputy Commissioner
Rogers will be put upon the stand to prove Babcocks
exertOns in behalf OF the revokng OF the Douglass
order, and some of the kilograms may also be read.
The batch Of dispatches recently obtained under
writ OF he Court are official dispatches between
Douglass and others at Washington and joyce and Nc
Donald here, which will be introduced show that the
secret dispatches between Babcock and Joyce did al
lude to the appointment Of MoGuire the revokIng Of
the Douglass order and TO other matters whatsoever
Both Dyer and Brodhead think that they will rest
their on Saturday evening Unless much time
be finished by Saturday week. Brodhead says the
prosecution have no further direct testimony that Bab
cock got any Of the Rings money. They believe
that he got most OF the SO 600 which raised in
April 1873, to prevent the seizures, but it is doubtful
whether they can prove it.
STATEMENT REGARDING THE TELEGRAPHIo COR
REsPoNDENcE OF BABCocK NOTICED BY THE
PRESIDENT OF THE WESTERN UNION COM
PANY-A THOROUGH DENIAL
President orion, OF the Western Union Telegraph
Company, sends the following letter to the press of
this city,
EXECUTIVE OFFICE
WESTERN UNION TELEGRAPH COMPANY,
Nsw YORK, Feb. 10, 1876
Ny attention has been called within a few days 10
press reports passing over our wires from Washington
containing statements to the ofiect:-
Ffrst-That recent application TO the United States
Court at ST. Louis to have the requirements OF Of
several subpmpas which had been served upon tho
company made more explicit really made for the
purpose OF preventing the disclosure Of what
sdered by me as damaging testimony TO General Bab
cock
Second-That my recent trip to Washington was
made upon or in connection with, this business and
that while at Washington Il had admitted that the
records Of the Western Union Company at New York
and Long Branch, recently examined by me pursuant
20 subpoena contained messages between Babcock and
members OF the Ring, which show conclusivoIy that
Babcock is guilty.
Reports containing OF these allegations have
already been published. deem IL due alike to public
and to private justice to say concerning the matters
referred TO In these repoTts:-
FWst-Fhe application made 10 the Court in behalf
OF the company ST. Louis was not the nstiRation
solicitation suggestion OF General Babcock, Of
any person acting in his behalf was my trip TO
Washington that business.
Second-No effort has ever been made by or in be-
half OF General Babcock prevent the company from
furnishing all messages its custody that had been
called for by process Issued from any court and all
such have been furnished.
Thyd-The search made through the New York and
.hn