New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1876-02-21
THE BABCOCh CASE.

The verdict of the jury in the pending con-
spiracy trial at st. Louis, whatever effect 1t
may have upon the defendant aud his nearest
friends, will have no direct influence upon the
fortunes of the political faction which is now
awaiting it with so much anxiety. The ADJ
ministration clique of which Gen. Babc0ck Is
the representative is under investigation not
by Missouri court but by the tribunal of
public opinion. A disagreement of the jury
seems to he the result most generally ex-
pected, but even an acquttai would nave
little weight unless it were ratified by the
common sense of the country, and 1t Is not at
all certain that in case of this kind the jury
and the rest of the people ought to he eX-
pected 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 Gen. Babcock under accusa:-
ton will naturally be scrutinized with the
greatest sharpness. He was first implicated IN
the scandal during the trial of Mcdonald IN
November. and the cipher dispatches to and
from Luckey (Which were not admitted IN evil
dence) show that he then made the most siren
uous endeavors to avoid going to st. Lonls To
testify. "See John NJ Krum." he tele.Taphs,
con receipt of this. whatever hour. Retain
chin to protect mer TEL him to prevent
"my going there now at all hazards" Mr..
Luckey replies, *. says no dctrment, no
danger, personal, political, or otherwise,
"should you come. Billy LAveryl and al
"uthcrs upon whom Mack's case rests are
"going to testify; and friends thin. il
"would lie we'll if you could also; 80 all would
" show nothing received Judge krum gave
the same advice. But still Babcock would not
20. "To go there now would be very unior-
"tunatc" lie waited quietly until Mack
had been convicted. and Billy" had been pat
on trial and Mr.. Henderson had produced III
court the Joyce and Mcdonald kilograms and
IEen. lust twelve days after the date OF the
dispatches we have cited, when the evidence
was all in, be Strengthened himself up and
telegraphed to District Attorney Dyer like
Ittle man. 81 am absolutely innocent, and
"eyery telegram which | sent will appear per-
"fectly innocent the moment can be heard.
al demand hearing before the court"
He was Informed i'll reply that the ne2t case
would come Oh in two weeks but instead oil
preparing to make his explanations then hc
called for a military court OF inquiry which
would be unable to reach tho documentary
evidence in the case, md could not compel the
attendance of any civilian Witnesses. His
conduct would thus have been submitted 10
the scrutiny of a tribunal which could not pos
sibly obtain any proofs OF his guilt; but Just
as the court opened Gen. Babcock was in
dicted al st. Louis. Here then WAS the long
desired opportunity to explain the kilograms.
Here was the coveted right to be heard III
court. What has Gen. Babeock donci He
has fought with desperation 10 Keep he teie-
grams from going to the jury. 10 las offered
no explanation whatever. He has given no III
depreciation OF single suspicious circumstance
brought against him. His reply to every
discriminating document has been request to
the Bench 10 rule il out" The anxiety 10 be
heard seems TO seize him and TO leave him
with strange capriciousness. Probably he
knows his own business best bui the political
clique which has identified Itself with his for
tunes ought 10 understand that Disagree
mcnt or even an acquttal obtained by tech
nicaliies is a very different thing from
yindicatiOn.