The daily gazette., 1876-02-22
THIRD EDITION
The Bah "0cE Case.

From the New York Tribune
The verdict of the jury in the pend
ing conspiracy trial at st. Louis. what
ever effect it may have upon the de-
fendant and his nearest friends, will
have no direct influence upon the for
tune of the political faction which is
now awaiting it with so much anxiety
The Administration clique of which
General Babe ock is the representative
is under Investigation, not by Mis-
souri, court, but by the tribunal Of
public opinion. A disagreement of
the jury seems to be the result most
generally expected, but even an &C.
quittal would have little weight unless
it were ratified by the common sense
of the country, and it is not at all GER
tain that in a case Of this kind the jury
and the rest of the people ought to be
expected to agree. Men will draw
their own conclusions not merely
from the facts admitted in evidence,
but from the equally significant facts
| which the Bench has ruled out.
The behavior of General Babcock
under accusation will naturally be
scrutenized with the greatest sharp
ness. He was first implicated ir the
scandal during the trial of Mcdonald
in November, and the cipher despatch
es to and from Luckey (Which wero
not admitted in evidence) show that he
then made the most strenuous eudeav-
ors to avoid going to st. Louis to tes-
tify. "See JOhh M. Krum," he tcle.
graphs, "on receipt Of this, whatever
hour, Retain to protect me-" :'Tell
him to prevent my going there now at
all hazards" Mr.. Luckey replies, "K.
says no detriment, no danger, perse-
nal, political, or otherwise, should
you come. Billy [Avery] and all
others upon whom Mack's case rests
are going to testify; and fIiends think
it would be we'll if you could also; so
all would show nothing received. y
Judge Krum gave the same advice.
But still Babcock would not go. "To
go there now would be very unfortu-
nate. "He waited quietly until "Mack"
had been convicted and "Billy" had
been put on trial. and Mr.. Henderson
had produced in court the Joyce and
Mcdonald kilograms, and then, just
twelve days after the date of the de-
spatches VIC have cited, when the evil
dence was all in, he Strengthened him.
self up and telegIaphed to District
Attorney Dyer like little MANI
am absolutely innocent, and every
telegram which sent will appear per
: fectly innocent the moment 1 can be
heard. demand hearing before the
court.
He was informed in reply that the
next case would come on in two weeks
| l,ut inctao1 nf 20 h,s
explanation then he called for mill
f tary court of inquiry which would b'
= unable to reach the documentary evi
Z dence in the case, and could not com
i pei the attendance of any civilian wit
+; nesses. His conduct would thus have
+ been submitted to the scrutiny of
!: tribunal which could not possibly OBJ
ii tain any proofs of his suit; but just a
IS the court opened General Babcock wa
~ indicted at st. Louis. Here then wa
l. the long desired opportunity to eA
Of plain the kilograms. Here was til
n coveted right to be heard in court
Or What has General Babcock done? II
n has fought with desperation to kee
D. B. the kilograms from going to the jury
ii He has offered no explanation wha
a. ever. He has given no Interpretation
IL of single suspicious circumstanc
brought against him. His reply
Iy every incriminating document ha
g. been a request to the bench to rule
or out. The anxiety to be heard seen
i'll to seize HIM and to leave him wit
e5I strange capriciousness. Probably h
~ knows his own business best; but Il
political clique which has identife
y itself with his fortunes ought to III
ch derstand that disagi cement or eve
tn an acauittal obtained by technicaliti
or is very different thing from vino
eM cation.