The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1876-02-23
BY TELEGRAPH
TO THE
WHEELING REGISTER.
Associated Press Report. by Western
Union Line, Office Northwest cor.
of Main and 12th Sts.
BAB'S TRIAL.
General Porter's Argument
for the Defense.

ST. LOUIS, February Z2.-Gen. forler'
on assembling of the court to-day, COM
menced his speech for the defense. He
said: General Babcock is held to answer
to knowledge Of conspiracy when not
the slightest evidence has been intro
duced to prove that be had opportunity
for obtaining it. Referring to newspaper
assaults which have been made on the
President in connection with this mat.
ter, the speaker Porter said that even
the most malicious papers had not ven-
tured to declare that the President was
prlvy to the conspiracy, but they had
made covert and cowardly insinuations
to that purpose. Now these
insinuations should be brought
from their hiding places, ard
either the President WIS or he was not in
the ring. What sublime absurdity it
WAS that the President should violate his
official oath by conspiring with Fitzroy
and the rest of the ring, in order that
once within three years these conspirators
might have the grace to send five hum
dred dollars to his private secretary, to
be divided between the two. The prose-
cution would have it believed that the
President, from whom Col. Dyer receiy-
ed his appointment, and at whose sugges-
tion Col. Broadhead was chosen to assist
in the plo ecuticn was liable to suspicion
ia the face too of his injunction to the
Secretary Of the Treasury,
Let No Guilty Man Escape
because he told facts within his knowl-
edge that they might use for whatever
they were worth in the defence OF
member of his household, and VINO was
the man thus assaulted what are his
antecedents? The speaker here grew
eloquent in his laudations Of the Presi-
dent, declaring he was recognized il
Europe ~ the foremost representative
'of American character, and that such IL
lu.trations were worthy OF the contempt
of honest men. Neither ot the govern
ment counsel had made any open state
ments 10 the effect set forth but they
had let it TO be inferred, and the strate.
gem was hardly to be excused by pro-
fe.sonal zeal in any cause. 1t was,simpiy
a desperate resolve Of sinkinEprosecu-
ton The defense had interpOsed not
single technical objection to the ntroduc-
tion of testimony, although some news
papers seem to deem all objections
as technical and that man had
no right 10 object to the intro
duction of unsworn statements
OF irresponsible persons. The prosecu-
ton rather had interposed all the techni-
cal objections, as the record would prove,
and this was the first time the speaker
ever saw case with such a record, Be-
tore the case came to trial, himself and
co-counsel arrived at the conclusion tina:
the ind ctment could be quashed on legal
grounds, without trial, and determined
10 make the effort. But General Bah
cock stoutly opposed such course, and
Instructed that no technical point be
raised to prevent thorough eXamina-
ton of the case. When the evidence
WA. all in, the defense felt satisfied there
were good grounds for asking an instruc-
ton tor acquittal, because OF the utter
absence OF any substantial proof. Hence
the motion WAS made The Court decided
that, in view Of the conflict Of authorities,
it would be safer to let the case go to the
Jury. The defense regretted, OF course
THIS decision, DuL aCY uIesIcu III IL NJ VIC
result of profound consideration by a
pure and learned tribunal.
The speaker here addressed the Court
and cited authorities in favor OF an in
structon. That in a case depending on
cIacumstantial evidence, an adequate
motive for crime must be proved to the
Jury. He urged the fact that no ade-
quate motive had been proved here that
the conspiracy was n cold-blooded com
bination for money and nothing else.
The prosecution tells the jury that con-
spIracy which could not buy the scoun-
drel Brashear's influence for les, than
$4,000, which could not buy Hoge
for less than $4,000, which could
not secure gauger's service, except for
one fifth of the prodts-that this consPir-
acv purch sed man of Babcock's high
character an position, in whom the
Presidents confidence was fixed and still
exists for the paltry sum of $500, which
Everest says be put INTO the street letter
box at Joyce's instrumentslity. Is this
not far worse than q total absence Of mo-
tiye2