The Rutland daily globe. [volume] (Rutland, Vt.) 1873-1877, 1876-02-09
BY TELEGRAPH
The Babcock Case.


ST.. LOUIS, Feb. 8.
II. G. Rogers, deputy commissioner of
internal revenue general Gillian, chief of
the treasury department, and Colonel W.
II. Parker, collector of internal revenue at
Denver. Colorado, arrived here to-day, and
II. T. Yaryan, chief of the revenue agents,
and ex-Commissioner Douglas are expect
ed tomorrow. All are summoned as wit
neeses for the government in the Babcock
case.
The United States circuit court opened
promptly at ten o'clock this morning. and
without any delay the selection of the jury
in the Babcock case was proceeded with.
The jurors were examined very briefly by
the prosecution. He made no examina-
ton whatever OF most of the jurors, but
three or four were put through rigid in
qury. James Milton of Milton, Marion
county, was excused. He admitted that
the finding of an indictment against party
left bad impression on his mind which
would probably require proof to remove.
Both sides exhausted all their peremptory
challenges, three each, and the jury was
finally sworn in at 11.45 o'clock, and was
composed as follows r. N. BlackwUod,
Lewis county Matt Woodruff, Clarke
county w. +. Wilson, Lswis county
Ezra johnson, Lewis county b. F. Sny-
der, Knox county j. M. Kaetty, st.
Charles county Edward May, Franklin
county; W. Blakely, Adair county d.
w. Taintor, Gasconda county w. 5.
Jewelt, jefferson county w. 7. jackson,
Marion county Harvey Sessions, Lewis
county. The district attorney announced
that ne more whiskey cases would come
before the court at this special term, and
all the jurors outside of this trial PANEL
were dischared. The distric. attorney
then addressed the jury on the part of the
prosecution.
He repeated the history of the conspir-
acy which was organized here in 1871,
stating it involved all distillers aud recti-
fiers, and government officers, and employ
es here, and had its ramifications, even in
Washington. He cited several dispatches
alleged to have passed between Joyce, Nc
Donald, Avery and Babcock, to show that
the two latter persons were engaged in the
conspiracy and correspondent with the con-
spirators. The dispatches between Joyce
and Babcock, touching the appointment of
Col. Constantine Mcguire as collector Of in
ternal revenue after the death Of Charles
w. Ford, were cited, and Col. Dyer stated
that it would be proved that from that
time on the defendant furnished informa-
ton to the ring here. The department was
thwarted in all efforts to get an investiga-
ton that would reveal the frauds for reason
that all revenue agents sent here to exam
inc affairs were either brought up on their
arrival or advices has been received here Of
their contemplated visits and opportunity
thus given 'dstillers to straighten up and
show regular work. Dyer claimed that it
would be clearly shown that Babcock not
only had full knowledge of the existence
of the frauds which were carried on, but
that he aided conspirators in their work
and received money directly from Joyce,
who mailed it to him. Babcock and Avery
were the two men at Washington who
kept the ring posted even after the indict-
ment of Gen. John Mcdonald. Babcock,
il would be proved, was in secret cores
pondence with him. The evidence, Col.
Dyer said, would in measure be
circumstantial, but there would not
be single link missing in the
chain. Joseph NJ. Ftzroy was then
put on the witness stand for The prosecu-
ton. After testifying to his position in
the revenue service. &C., he was asked by
District Attorney Dyer, who conducted the
examination, TO STATE what he knew about
Magrue in his operations here in 1871, 10
which Judge Krum, of the defense, oh.
jected. After argument by the counsel il
was decided that witness might answer the
question, it being understood that the ruling
of the court ON its competency will be
given hereafter. The witness then be-
gan 10 speak about Magrue, when
the defense objected, and he was
Withdrawn, and Mr.. Thompson, distiler
called to the stand. He gBve the history
of his connection with the ring, explained
how he made crooked whisky, etc, all Of
which has been stated numerous times be-
fore. During the examination OF this wit
ness the defense objec I'd to all the ques
lions not directly relevant to the indictmen,
against the defendant, but Judge Dillor
ruled that testimony to establish the exist
ence Of the conspiracy might be given, auc
the witness gave u tolerably full account
of the ring and its operations.
Fitzroy was then recalled, and asked i
Magrue ever paid him any money. Storr
objected to anything more pertaining Il
what he called the Magrue conspiracy. 4
long argument followed as TO the admission
of testimony of this character, and tn
court decided that it might be used, reserv
ing the privilege of ruling it out if found !
had already been presented. The cour
then adjourned. Hon. E. G. Breaslie o
Washington, one of B lbcock's counsel, ha
been so indisposed since his arrival her
that he has not appeared in the case, ant
left for home TONIGHT.