The sun. [volume] (New York [N.Y.]) 1833-1916, 1876-02-16

def"ndant mere was a mem Der Of the cOnsplr |
acy has any evidential force az glinst MN, na lou
have all the other testimony tha ~, YOU nave
II in the shape of teleRrams and IN the shhpe OF
statements Of witnesses OF their own knoWleuee,,
Now then, testimony as TO the declarations OI
joyce offered for the independent purpose 81 |
showing that tho defendant was connected with |
this cOnsplracy, "a counsel understand very |
we'll IA not competent eKcoDt on the as |
sumption that the defcndants connection |
Now the object OF this testimony, as IL seems to |
both Of us, IL not for the legitimate purpose OF
tbe putpose, hy indirection, TO do what the law
Will not permit directly to he done, namely, to
spiracv. Now the Court has discretion In such
cases TO admit such testimony, or testimony OF
this character, on tho assumption that II uny
nnally be shown that the defendant was con-
neCted with the conspiracy and, therefore. the
statement OF one Of tho consDiratOrs with an
other In the execution or furtherance OF the
scheme would be competent but It u true that
tne regular course and. AS the books say, the
Quire tdat come ctiOn to DO nrst established
DETECTIVE BRooKs's TESTIMONY.
J. y. Brooks, formerly revenue agent, but now
Assistant Chef OF the Secret Service division OF
missioner Dougiesss account Of his efforts TO
uncarth frauds here iD 1874, giving tue same
oi % t 'Sic
bv himself and Hoge, as were given by Mir.
Douglass. He also described his visit to New
Orleans and detection Of frauds there la AUril
1874, and subsequently his detection of frauds
by Bevis 8nd Frazer of TINS city.
suspicious Of Hoges integrity by reason OF
| ports which came to him while at New Orleans
| HOge had failed to meet him at the appointed
| time and did not reach New Orleans until two
daNs after he (the witnessl had seized the DIS
Orleans that tidings of their visit had been re-
| ceiyed In advance. Again, when he and HoRe
| were IN st. Louis examining Devis Frazers al
| 'its, Hoge did some things which he tw1ness)
| thought tcprehensible. lie associated with
| Fitzroy too much, and went around with distll-
| lers. Witness did not know, owever. that lIOge
/ WAS furnishing Information To uIstilgrs here at
| that time, nor did he know that Fitzroy or
others were engaged In conspiracy to deiraud
| tho Government. Witness know the hanuwrit-
Ing of lIoge, and had seen him write.
| On redirect examination Col. Dyer asked the
witness by what means he thought the distillers
| In New Orleans obtained advance information
OF his raid upon them. he defence objected,
| Hnd the question was not pressed. hut the wit.
| ness sai1 IN answer to other questions tnit sew
| eral persons tu Washington, other tnau Commits
| sioner Douglass, knew lie and Hoge were going
| there.
Col Dyer then offered some kilograms In
| cipher, which the defence claimed were conf
dental despat hes between counsel ana client
! After examining them the CuHr ruied them out.
| These are the telegrams sent from re by Mr.
| Luckey the Presidents SECRETARY, TO gen. Bah
| cock during tine Mckee trl Il, and are understood
| to refer almost wnOily to husincsS matters be-
! tween Juuge krum and Gen. Da cock as his
client
rHE AVERY pEsPArcHEs
Col. Dyer then offered what arc known os the
adnItted. Some of them have bo,n published
before, but 10 show their connection they are
| iopSdtSu hoio'
~ o. Arsry Washington D'd you get my lag. letter.
wAsmSoros Nov. "A, 1873
csycG royce o. N'1 A''''' "'' eSSIsVIS O. SVEar
J A. Joyc,. 81 Louis II eiceness Of your family pre-
vents your going West, H. A Hogc may pay you visit
wAsmsoroS. March IL, 1874,
'' ''''''- '''' N'''''' w O. Avsnr.
~ sT. LorIs March II. ls7l.
here. j.
~ cot VIZ; Q. Srcry wa;a'ng.on Have friends started
West AgAin1 Find out. Let me Know. A.
CIV. o. Av--y. Wo,ho gioh I hSc fricuds Is coming
Wesip see H. aud give me surroundings. A.
John Joyc, S. Louie. your friend Is in Sew YORK,
and may come out 10 see you. AVERY.
COL u. o. Arc,v. Wdsh'pS'oa GiSe me ,oi,le Ching
positive on movement VI irtnd Act surely, proinpi.
In regard to the despatch signed M ok " the
| Court said TO the jury. " There l. No evidence
before YOU az to Who sent IT, or ~ whose hand
Col. Dyer then said II the Court please. In
reference to the despatchcs that your Honor
holds, which have not been admitted IN evi.
dence, dated Dec. 3 and 8, 1874, the Government
is not prepared now VITA testimony to prove
the handwriting OF the man who received tnem
and receipted Tor them IN Washington, but III
tomorrow, or cortnnly 10y the next day, aud
that the witness, when he arrives, may be intro
duced during the hearing Of their side OF the
| G Sc. ! think with the examination OF that
| witness the Government will rest Its case. with
| the understanding that the gentlemen will al
| low all evidence necessary to establish the re-
| celpt Of those two dispatches to be introduced
| hereafter"
The court then adjourned TO give Gen. VIII
| Hams, VINO will open the case for the defence
| Tomorrow, tue to look over the evidence and
| prepare his speech.
PIERREPONr's ExPLANATIoS.
| WASHINGTON. Feb. 15 - Attorney Gener Il
| PierrepOnt. In Response TO Inquiries regarding
| cnarges that had been made concerning tho
| presence in st. Louis, Of Mr.. sherman, tho As
| -i,t mt United sta ios District Attorney OF New
| Yolk, saws that sherman ordered to st.
Louis at the request II District Attorney Bliss,
| to take testimony for use in certain whiskey
| cases in New YOrA. Aftor he had learned from
| District Attorney Over that sherman was act
ing IN Daococa's interest, he teleRrdphed as fol-
lows
| wAsHfSGToS. Feb. IA.
| ID. = DveT, z. 8. duorncV, 81. tOnts
do nOt kiOw sherman. n he the sent Rt the
qu ~ Of the District Attorney at New York; b. Is
what you suspect, treat him accordingly. Since c, m
mencig tins Mr.. iatOn'z rtspatch II handed me- ana
this the one from w sent out ~ VI
Bliss 70 collect testimony II he intNIfercs with you ia
the least to Oh tru justice manner, treat hin
| VITA any severity ne may deserve.
EDwAHDs flERRki'OHT, ATTORNEY General.