The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1876-02-15
BABCOCK'S TRIAL.
Some Significant Dispatches.
The Defence Persistent i'm Object
ing.

ST.. LOUIS, Feb, 14.-Judge Porter occupied
nearly all the morning in concluding his argu-
ment against the admission of kilograms in the
BabcOck trial. His conclusions were that they
were writings and whether proved to be what
they purported to be in origin and destination
it was still a question of law whether they
could be admitted as evidence. To great ma
jority of the kilograms that were produced
there were no answers at all. Such were mere
ly hearsay, merely letters relating to facts and
making inquiries which did not convey the
slightest hint of conspiracy. But none of these,
whatever might be shown of them, whatever
construction pnt upon them, were admissible
as testimony until by intrinsic evidence it had
been established that Gen. Babcock had knowl-
edge of the conspiracy. That must be proved
and it had not been proved.
After Judge Porter concluded, Thos. Walsh,
brother in-law to Gen. Mcdonald, and chief
called and identified several letters and dis
patches written by him at the dictation of
Mcdonald and also identified signatures of
himself and Joyce and others.
On the opening of the afternoon session
Judge Dillon read the decision of the court
touching the admissibility of dispatches as fol-
lows:
Respecting the objection against the admis-
sibility as evidence of certain dispatches the
judges have united in the conclusion as re-
spects all except two dispatches, respectively
dated the Sd and 9th of December. We re-
serve the questions arising upon these dis
patches which are somewhat novel and pecul-
lar, for further consideration. All the others
offered are admitted.
Kennedy Duff, manager of the Atlantic and
Pacific telegraph Office, at Washington, was
called and explained the manner of handling
dispatches in that Office One of the dispatch
es in question, and to which the defence made
strenuous objection, the one dated December
9TH, 1874, and asserted to have been sent by
Babcock to Joyce, could not be found, the
package of kilograms of that day having been
lost, and only copy was produced. This dis
patch is alleged to have been an answer to one
sent by Joyce from st; Louis to Babcock and
was traced into the hands of George Joyce, a
doorkeeper at the White House, but Joyce's
signature had not been identified by the pros
ecution and therefore its delivery was only in
ferential. The court decided that the record
and register of the telegraph office did not re-
move the difficulty in this case. These dis
patches are the ones referred to in Judge Dill
Ions decision given above, and about which he
reserved his opinion.
G. G. Smifin, one of the Presidents private
secretaries, was called, but he could not iden-
thy Joyce's writing.
w. F. Sperry and Messrs. 1ennox and Gun
bingham, clerks at the Planters House in this
city, testified to having received and receipted
for several dispatches to Mcdonald and Joyce
in 1874, mostly in December. Among them
was one dated Dec. 9Th, supposed to be the one
asserted to have been sent by Babcock to Nc
Donald, and to which such objection has been
made.
B. Brown, manager of the Western Union
telegraph office in this city, then explained the
manner in which the records of his Office are
kept and how kilograms are handled, both for
transmission and delivery.
Col Dyer now read the following kilograms.
which were admitted under the courts decis-
ion, at the opening of the afternoon session:
WASHINGTON, July 1, 1874.
Things look all right here. Let the machine go.
(SigneO JOYCE.
WASHINGTON, July 3, 1874.
John Mcdonald:
Matters are !hunkey Go it lively and watch
sharply. (Signe0 JOYCE.
John Mcdonald, st. Louis:
Am here on my return. What can I do for our
side. JOYCE.
ST. LOUIS, July IT, 1874.
See Maguire's letter to commissioner concerning
Busby's house. Sure. JOHN MCDONALD.
ST. LOUIS, Aug. 5, 1875.
Have friends started West again? Find out and
let me know. A.
ST. LOUIS, Aug. q, 1874.
Are friends s Coming WestS See H. and give me
soundings. A.
WASHINGTON Oct. II, 1874.
Your friend is in New York and may visit you.
AVERY.
ST. LOUIS, Oct. 10, 1874
". o. Avery,
Give something positive on movements of friends
WASHINGTON. Oct. 10, 1874.
Jno. Il. joyce, st. Louis:
Put your house in order Your friends will visit
you MACK.
o. C, Babcock, Washington:
Have you talked with D.? Are things right. How?
Answer. j.
WASHINGTON, Nov. 10, 1874
John T. Roge, Xenia, o.:
Will you be in attendance in St. Louis on the 10th
as requested. FL. G. ROGERS.
CINCINNATI, o. Nov. 10, 1874.
II. G. Rogers, Dep. Commissioner, Wash.:
Igo to st. Louis tonight in obedience to request
JOHN T. HoGE.
WASHINGTON. Nov. %, 1874.
John T. Hoge Xenia:
Report here in person at once.
j. W. DOUGLASS.
XENIA, O., Nov. %, 1874.
Jim ". Douglass:
-, Am detained BY sickness in family viii report on
WASHINGTON, Dec 8, 1874.
James J. Brooks, Sc BECKER Street, Ne,o York.
Hoge is here. When will you return?
H. G. ROGERS.
Hers come in chronologically the following
two kilograms not yet passed on by the court:
ST. LOUIS, Dec. 8, 1874.
Has Secretary or Commissioner ordered anybody
here? j..
WASHINGTON, Dec. 5, 1874.
To John Mcdonald, st. Louis:
cannot hear that any one has gone or is going.
o. E. BABcoCK.
WASHINGTON, Dec. 8, 1874.
J. j. Brooks, Philadelphia:
Hoge is here. When will you return?
H. Q. ROGERS.
ST. LOUIS, Dec. s, 1874.
j. W. Douglass, Washington:
Please grant me permission to visit Washington.
j. MCDONALD.
., ST. LOUIS, Dec. s, 1874.
Want room with fire, Monday morning, for self.
j. j. MCDONALD.
WASHINGTON, Dec. Z, 1874.
Washington A. Joyce, st. Louis:
Had long ride with the President this afternoon,
You will hear from me tomorrow. JOHN.
WASHINGTON, Dec. 8, 1874.
You will hear from me tomorrow JOHN,
WASHINGTON, Dec. 8, 1875.
John 4. Joyce, st. Louis:
Dead dog The goose hangs altitudilum.
JOHN.
WASHINGTON, Dec. 9, 1874.
1 leave tonight for New York. Stop at Windsor
House. Will telegraph you from there. JONI.
ST. LOUIS.
We have official information that enemy makers
push things. (Signed,) SYLPH.
WASHINGTON, Feb. 6, 1875
Gen. John M. Nc Donald, st. Lauis:
Order bursted forever. D.. s. Co. mad. Hold
things level. (Signed,) CARNEY
A long argument commenced when Dyer Of
fered a despatch signed Crit The despatch,
which is as follows, was net passed upon:
ST: LOUIS, April %, 1875.
Gen. 0. e. BdbcocE, Washingfon:
Tell Mac. to see Parker of Colorado and telegram
to Commissioner. Crush out St. Louis enemies
GRIT.
INTENSE Anxiety at Washington.
WASHINGTON, Feb. 14.-Col. Cook, of the
counsel for Babcock had an interview with the
President in the course of which he stated that
he had received from St. Louis some encourag.
ing kilograms concerning Gen. Babcock. Col.
Cook says other witnesses for the defence will
be summoned from this city, either to day or
tomorrow. Ex-Commissioner Douglass, Dep
uty Commissioner Rogers, Cashier Grefillen
and other witnesses in the Babcock case hav-
ing testified Friday and Saturday, returned
here to-day. These gentlemen have been the
subjects of anxious inquiry from persons here
as to the impressions made upon them during
their attendance at the trial Public feeling
in the case is becoming constantly more in
tense. One gentleman, just returned from st.
Louis says the strain upon Gen. Babcock seems
to be telling upon his physical endurance very
fast and cites as an instance the reply of the
General to the question of friend, to the eff
feet that being under fire in the army would be
absolute pleasure in comparison to his present
ordeal.