The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1876-02-25
BABCOCK's TRIAL.
Judge Dillon Charging the Jury.

BAbCOCAb TRIAL.
Judge Dillon Charging the Jury
ST. LOUIS, February 2S.-The United
States Circuit Court was not open to-day
until after II o'clock, when the JudgI
engaged in finishing the charge to th'
jury. As soon as the roll Of Jurors wa
called Judge Dillon read the instructions
which were very long, including in va.
rious groups the kilograms introduced Ii
the evidence, many OF the letters intro
duced and also extracts from the Presi-
dents deposition. At the outset, Judge
Dillon said that in all the propositions
he had to make, he had the concurrence
q his associate on the bench, Judge
Treat. He explained to the jury the In,
yestigation ef the case and the reasons
which had made it necessary to keep
them so isolated. A high compliment was
paid to the counsel and the management
OF the case on both sides. Approaching
the issues Judge Dillon said two main
questions arose-one as to the existence
OF the conspiracy, and the second as to the
connection Of the defendant with it. The
first question required little attention, as
the argument Of the counsel on both sides
seemed TO accept the existence Of the con-
spiracy as proven. The second question,
the connection Of the defendant with the
conspiracy, was then taken up. The
Jurors were cautioned to be on their
guard against the influence Of popular
clamor. They were also reminded that
the government owed duty to its citi.
zens as well as its revenue, and it lays
in the province Of the jury to acquit as
we'll as convict. The prosecution had
presented no evidence 10 show that
the defendant had ever declared
on any occasion his connection with the
conspiracy or had written direct admis-
sion Of this connection. The Law, howey-
er, did not require this. II was case Of
circumstantial evidence. Itwas right for
them 10 consider the motives Of the de-
feudant. The Government alleged as the
only motive that OF pecuniary gain. The
evidence Of Everest, who mailed the let
ter in which he thought Joyce put $500
bill, and the evidence Of Magill, who tes-
titled TO taking from the letter-box a
similar letter and returning it to Joyce,
were considered, and the question Of cred
ibility was left to the jury.
The kilograms, letters and portions Of
the Presidents deposition bearing on the
deathof Collector Ford and the appoint
ment Of his successor were read. Two
questions the Court considered on the
successorship Of Ford. The first was
whether the defendant sought to influ-
ence the President on the successorship,
and the second whether he did this in the
interest Of heconspiracy, having a knowl-
edge OF that conspiracy.
Judge Dillon then read all the dis
patches OF the spring Of 1874 relating 10
Joyce's visit TO San Francisco and Com
missioner Douglass permits to other rev.
enue agents to 90 out Of their districts.
Judge Dillon finished reading his
charge and the jury retired 4 lew minutes
past one o'clock. The remainder OF the
Instructions are in the hands Of the Cir
cult Clerk and cannot be obtained for
the afternoon papers. They are about
six columns long.
bhbIOSh IVA uGALAAs
At the opening of the court this after
noon the motion for a new trial in the
Mckee case was taken up, and the argu-
ment begun.
At 1926 the jury in the Babcock case
sent word that they had found verdict.
They were Immediately ushered into the
court room. On taking their seats the
foreman handed the verdict to the clerk,
who read as follows: "The jury find the
defendant not guilty"
Some denomination in favor OF the de-
fendant was made, but II was quickly
stopped. There was general handshak-
ing, however, and Gen. Baccock CROSSED
over to the jury and most heartily and
feelingly shook the hands Of each jury
man and thanked them for their verdict.
The General and friends then left the
court room, and started for their hotel.
On reaching the street the party was
heartily cheered by the great crowd con-
gregated in front OF the custom house,
and almost every body seemed pleased
with the verdict.
Gen. Babcock has received what can
almost be called an ovation since his &c.
quittal. His rooms at the Lindell Hotel
were crowded with callers for several
hours after his discharge by the court,
some Of the most prominent citizens be.
ing among those who dropped in and
offered their congratulations on the re-
suit Of the trial. Among those present
were Gen. Sherman, Gen. Harney, Judge |
Treat, Col. Hatch, Of McKee's counsel,
Postmaster Filley, a number Of eI-Fed.
eral officers and most OF the officers here
on station. About 9 this evening the
oficers\st the arsenal, accompanied by
the arsenal band, called at the hotel, and
gave the Generals q serenade.
Col. Hatch made speech in response,
in which he congratulated Gen. Babcock |
on the restht OF the trial, and said the
verdict was another evidence Of the clos.
ing OF the gap between the North and
South, and the restoration of peace and fra |
ternal feelings, and called on the band
to play "Dixie," which was done.
Gen. Babcock was then loudly called
for, and responded in about the following |
words:
Gentlemen OF St. Louis, I thank you
for your expressions Of kindness toward
me, my heart is too full to make re.
3ponse to you tonight"
He then introduced Mr. Storrs, who
made afew remarks to the effect that they
never believed that General Babcock
could not have fair, impartial trial in
Missouri. They had never encouraged
the idea that the so-called rebel influences
would operate against them here; in fact,
some Of the most friendly and sympath.
etic letters received by General Babcock
since his Indictment, have come from the
South and from ex.Coniederates. They
always believed they had a strong case,
and the result has proved that their opin.
ion was right.
Judge Chester II. Krum was then
called out, and, after stating that he was
proud to say that a Missouri jury could
try an important case and give justice,
he referred in a few words TO the great