The White Pine news. [volume] (Treasure City, Nev.) 1868-1906, 1876-03-04
THE VERDICT IN THE BABCOCK
CASE.

from the Sacramento Record Union.l
The trial of Gen. Babcock has resulted in .
verdict of acquittal. and we do not think any
other conclusion would have consisted with the
evidence before the jury, though whether this
verdict will be responded to by a popular con-
viction of the defendants innocence is quite
another question. The facts in the hands of the
Government were no doubt quite enough to
justify Babcock's indictment, but they were not
enough to procure his conviction upon. Yet no
one who has carefully watched the case can
entertain much doubt that his safety lay rather
in the weakness Of the prosecution than in the
strength of his defense. The most suspicious
facts elected remain as suspicious as ever, not
withstanding the verdict of acquittai. They
have not been explained away. but the Govern
ment could not complete the chain. 1t is posi-
BILE that Babccck is an innocent man, and the
jury have given him the full beneft OF the
doubt. The theory Of the defense in explana-
ton of the Joyce correspondence was ingenious,
but it did not commend itself to the popular
belief. Joyce was depicted as an INSCRIPTIONS
braggart, who was constantly Boosting of his
intimate connection with mel high III Office,
and who employed these boasts to strengthen
himself with his fellow conspirators. It was
suggested that he sent dispatches to Babcock
merely for the purpose of carrying out the &C
count he had given of his influence at WASH
ington, and that he never had any real relations
with Babcock. This is plausible, but it does not
explain the fact that Babcock correspondent with
Joyce and others of the ring in cypher. and un-
der an assumed name. The attempt to get over
the damaging effect on his part Of the testimony
was much less successful than the explanation
of the Joyce dispatches. 1t was sought to be
shown that when the defendant signed himself
"Sylph,' he did so merely from q sportive
impulse a kind of frolicsome tendency sup
posed SO be natural to so young and tender and
gushing a creature as the Presidents military
secretary. The jury made wry faces at this sug-
gestion, and probably put it aside as rather a
tough and unmaiIageable morsel. So, too, re-
garding the receipt of Joyce's dispatches, and
the alleged transmission OF packages OF green
backs to Babcock from members of the ring.
Here the defense rest ed upon the impossibility
Of absolutely proving the delivery OF the things
into General Babcock's hand. 1t is true that
the delivery of dispatches to the doorkeeper of
the White House was proven, but the defense
claimed that notwithstanding this the dis
patches might never have been received by the
defendant. No doubt it was quite impossible to
prove this, and it was no less impossible to con-
vict the defendant on the strength Of such a
broken chain of circumstantial evidence. Per-
haps great injustice might be inhict d by laying
too much stress upon such evidence. But when
every allowance has been made for the incom-
no satisfactory explanation has been offered of
Babcock's relations with Joyce and Others of the
ring, and that every circumstance proved by the
prosecution is unrebutted by anything which
the public can accept. The trial has deeply in
terested the country. 1t was felt that it would
be a frightful thing if the Presidents Private
Secretary was found guilty, for it was perceived
that in that event it would be scarcely possible
to divert suspicion from the President. And
now that the trial is at an end, and the results
come up for review. we fear it will be the public
judgment that Babcock is, though acquitted,
not cleared, and that whatever suspicion has
from the first fallen upon the President in con-
nection with the Case. remains undissipxted.
The case WAS one, Ill fact, which under the old
Scotch laws, would have been Terminated by =
verdict neither or Guilty" nor mot Guilty
but Of Not Proven"