The Cairo bulletin. [volume] (Cairo, Ill.) 1872-1878, 1876-02-24
BABC0CK.
Judge Psrser's Argamea for the De.
tense.
rgroo, ,b. Il. Loui. Times. Feb. gs.)

From the II. Louie Iime1, Feb. 49,
The thirteenth day Of the trial was
consumed BY Judge Porter in his clos
ing argument for the defense, and the
Judge managed to confine himself TO one
day, though il was generally believed he
would not be contented with two. Judge
Porter Is man Of fine legal appearance
and j. very fair speaker. While speak
ing he seems 10 be on constant strain
aud the effort appears 80 painful to him
that it tends to render his hearers UNI
comfortable. Judge Porter speaks slowly.
distinctly and earnestly, his voice
quiyering with every word. His
speech was more Of an appeal TO the jury
than an argument on the testimony. He
began by denouncing the newspapers a,
scandal Inongers and reputation.ruiners.
The press, he said, does not hesitate TO
abuse and calumniatc any person without
caIse, and presistently refuses to make
reparation. His philippe against the
papers was understood when he assumed
the task OF defending President Grant
and justifying his every act, personal and
Official. lie consumed almost the entire
morning without touching upon the tes-
timony in the case.
In his defense Of the president, Judge
u OIbIt tots DiOdih'h't SCNNIcly
tor having intimated that Grant Is not in
ialible. In the afternoon Judge Porter
took up some Of the testimony, but Of
fered nothing new in the way OF expla-
nations. In regaad to the scored cores
pondcnce with Mcdonald, he merely de-
clared there was nothing wrong about
IL.
lie employed the most extravagant lam
eilaOe in ctllOViIIuO BabcOck, and would
evidently regard the jury as guilty OF
high treason, should they render verdict
OF guilty.
Colonel Dyer will begin the closing ar
gument at the opening OF court to-day
and will probably occupy the entire day.
Should he not conclude until time for adj
tournament this afternoon, the court will
not charge the jury until tomorrow
morning.
There is one feature about this case, or
the evidence offered tor the government,
that j. different from all the proceeding
ones. For the conviction of Mcdonald,
Avery and Mckee, the government:relicd
almost exclusively upon the testimony Of
accompllces who had turned states cyi-
dence. To this class Of evidence
uous objections. Judge Krum, who has
been engaged in the defense of every
member Of the ring arraigned for trial,
urged that the testimony of accomplices
is the most dangerous known In law and
asked the court to so instruct. His posi-
ton on this point was sustained by all his
eo-c0unsel, and even by the court, which
did instruct each jury In accordance with
the request. The defense In each case
declared that no conviction should follow
unless there was independent evidence
against the accused; that Is evidence
outside of that given by conspira-
tors. In this case the prosecution has
nothing but 'indepcndent' evidence |;
they have not attempted to prove sin
gle thing against Babcock by the mem
bers of the ring. The prosecution relies
almost wholly upon documentary tcsti-
mony and that given by parties who
could not have been connected with the
ring. Yet In this case, the defense, and
Judge Krum with them, changes front
and say, "Why can'tyou prove Babcock's
guilt by his former associates IN crime
You have not introduced any evidence
from his alleged accomplices to show
that they ever had any conversation with
Babcock or that he knew of the existence
Of the conspiracy" Such Is legal inge.
nulty and consistency.