The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1876-02-16
THE COURT GETS UNDER WAY.


SELECTION OF JURY-oPENINe OF THz
PROsECUTION-wITNE EsSEs CALJED-FIGHIs
OVER THE TESTIMONY.
ST. LOUIS, Feb. S.-The United States Circuit
Court opened promptly at lOcIock this morning,
and without any delay the selection of jury
in the Babcoek case was proceeded with. TIE
jurors were examined very briefly by the prose-
eution. The defense made no examination
whatever of most of the jurors, but three or four
were put pt,,oL through oro, rigid inquiry;
James Milton tn' OF Marion nl,, county, ,,,,saS was
that the finding o. an Indictment against a
party eft a bad impression on his mind, which
sides exhausted All OF their peremptOry chal-
lenges, three each, aud ths Jury was finally
ruff, Clark county; W. Z. Wilson, Lewis county !;
Ezra Johnson, Lewis county; b. F. snyder
county; Edward b. f. May, Franklin county I;
W. BlakeIy. Adair county; ID. W. Taintor.
county: W. I. Jackson, Marion county; Harvey
Lesso.s, Lewis comfy. The district attorney
In h5ors ths cdnp ~ his enaca tern and
all the jurors OUTSIDE Of this trial panel were dis
charged. The district attorney .ien addressed
He repeated the history OFF the conspiracy, which
was organized here In 1871, stating that Ii in
volved all the distillers and rect hers and gov
Its ramihcations even in Washington. He cited
several dispatches alleged to have passed be-
show that the two latter persons were en9a1ed
the In conspiracy and c0rresponded with the
conspirators. The dispatches between Joyce and
stantine Mcguire as collector of the internal
revenue, after the death OF Chas. w. Ford, were
cited, and Col. Dyer stated that IT weuld be
proved that, from that time
THE DEFENDANT FURNISHED INFORMATION
10 the ring here. The department was thwarted
in all Its efforts TO get an Investigation that
would reveal the frauds, for the reason that all
the revenue agents sent here to examine into
affairs were either bought up on their arrival or
adyices had been received here Of their c7ntem-
plated visits, and opportunity thus given the
distillers to sraighten up and show regular work.
that Babcoek not only had full knowledge OF
the existence OF the frauds which were
ei then Work i and received money directly nom
Joyce, who mailed 1t TO him. Babcock and
Avery were the two men at Washington who
ment of GenersI John Mcdonald, BaboOck,
IL would be proved, was in secret correspon-
dence with HIM. The evid, nee, Colcnel Dyer
E.antial. but there would not be
a link missing In the. chain.
stand for the prosecution. After testifying TO
his position in the revenue service, etc he was
the examination. to state what he knew about
G. g. Megrue. his operations here in 1871, etc, 10
which, Judge krum, for the def6Hse, objected,
on the ground that such a statement would be
only OF a hearsay character, as the witness did
not enter the collectors ofice until May, 1873
fendant with conspiracy to defraud the govern
ment out of tax OF seventy cents
per gallon on certain proof spirits. Now, in
point OF fact there was no tax Of seventy cents
per gallon on distilled spirits In 1871 That tax
did not go into effect until June, 1872. He,
therefore, held that no such cons piracy exis ed
or could exist. There might have been a con-
spiracy 20 defraud the government of fifty C .nts
per gallon, that being the tax then imposed.
But this was not laid out In the Indictment and
ne claimed that IL was a correct rule of law that
laid out Ia the Indictment. 1t was
UTTERLY INCOMPETENT
to show the existence ofa conspiracy 10 defraud
the government generally, when the Indictment
charged a conspiracy to defraud out of a par
ticular or specified tax Col. Broadhead said
that 1T was not necessary to show by a wftnes,
what the tax was. 1t was enough to show tha
the government had been defrauded. The pros
ecution was only compelled tc show tn st a con
spirscy was formed, its objects, etc. that the
conspiracy continued after the change in the
tax was made, and that the defendant
was OF the conspirators. Judges
Dillon and Treat consulted together
few moments, after which Judge Dillon said
I've viii not positively determine now whether
ticular and specif1c tax of 70 cents per gallon AS
that tax was not imposed until 1872, itlmay l,be
- yis. -