The Rutland daily globe. [volume] (Rutland, Vt.) 1873-1877, 1876-02-21

their frauds. They regulated their conduct
by Babcocks telegrams. They continued
frauds, or set their house in Older, as the
facts communicated by him warranted. AS
specimen of these teleglams, Joyce asks,
December 3. 1874, 4" Ill as the secretary or
commissioner ordered anybody here ?"
to which Babcock, two days after, replies,
"I can not hear that anyone has gone or
" is going" - and the manufacture OF
crooked whisky gains fresh impetus.
The telegram sent by Bsbcock to Nc
Donald, signed "Sylph, is important
enough 10 be reproduced here, although it
has been published 80 many times. 1t is
as follows: =" succeeded. They will"
"not 60" That this was in the handwriting
Of Babcock is not denied, and suspicious as
1t is on its face and from its signature, 1t
gathers added significance from the use
which was made of it. The telegram was
exhibited to crooked distillefs TO convince
them that those in authority in Washington
were winking at their crookedness, and
that it was safe to continue therein. And
this was supplemented, n few days later,
| by letter from Washington, signed
"Bab,' which Joyce stated to be from Bah
cock, and which was placed in the posses
sion of one Bevis, a distiicr, who after
keeping it two or three days and consult
in with his partner, on the strength of 1t
commenced again the manufacture of
crooked whisky.
| Dovetaled IN with all of this was the
testimony of Everest. who stated in sub
stance, that, at the request of Joyce, he
procured two five hundred dollar bills; that
he came into joy ce's Office aud handed him
the bills; that, on the table, were two
envelopes with letters, or what appeared to
be letters, one addressed to Babcock, and
the other to Avery and each marked "per-
"sonal;' that Joyce separated the bills, took
"the letter out. and placed the bill in the
"letter; he then reversed the letters, walked
"on, turned round hastily and put the bill
Sin the other letter." that he handel the
| ltllti6, ~ tthhId uiittttu. "
Everest, who placed them in the street
mail-box near by.
To overthrow the presumption raised by
this proof what has the defendant shown
Has he explained the meaning of these
kilograms, and shown their playful and in
nocent nature, MS be promised ? Not at
ALL Has he suggested the least possible
explanation, consistent with his innocence
The kilograms were used to further the
conspiracy. By means Of them Joyce,
Mcdonald and others were enabled to de.
fraud the government. Without them,
their conspiracy would not have been sue
cessful, at least to the extent 1t was. In
the absence of all explanation, or attempt
at explanation, is not the natural presump-
ton, the legal presumption too, that Bah.
cock intended them for that purpose ?
But how has he met the case against
him? he has given evidence to show tina,
his reputation is good. The president o.
the United States has testified to this, anG
| Wullt ku1 Jug ludl DC was uON, az tIc liillt
of it, aware of this candestine correspond
ence, yet now, after discovering It, he hal
, the most perfect confidence and trust II
, the integrity Of Orville L. Babcock-ant
f so he had, up to the verdict, in Mcdonald
Joyce and Avery. We cannot sufficiently
, admire such bland and childlike confidence
but we fail to see how it is material in THU
case. General Sherman and others, also
, testified to Babcock's good behavior, ant
this Is all there is in his defense.
{ We have not forgotten the testimony Of
, the mail messenger, James McGill, tending
. to prove that these letters to Avery ant
| Babcock-those said to contain the money
T were subsequently withdrawn from thu
? mail box by Joyce. We consider it of nj
possible consequence from the fact that thu
witness was compelled TO admit that THU
was the only instance IN which he could re
member the date of letters being with
drawn, the person by whom they wer,
withdrawn, or the person to whom with
3 drawn letters were addressed that be tool
no receipt for the letters as the rules re
quired him to do, and did not report tn,
fact to the postoffice ; and because one o.
Babcock's attorneys was constrained to ad
nit that his manner in giving his Testimony
I" had been most unfortunate and afforded
g. just ground for the suspicion that tn,
witness had been trained for the occa
" sion"
Such is the case for and against Bah
cock. Whether the verdict of the jury
will be one of guilty or not, it is, of course
impossible to tell. The manner of coz
! Quoting the case on the part of the defens
7 has been, to say the least, exceedingly un
$ fortunate for Babcock. Ii has not beef
. that OF attorneys convinced of their client
| innocence, and determined to vindicate hi
good name. 1t has, the rather, had tn,
4 appearance of an endeavor to prevent lie
: gal conviction at the expense of Babcock'
3 good name. Instead Of inviting the wides
and fullest inquiry, they have stunned in
qury and resorted to the use of every
technical objection known to the law t,
prevent investigation. Instead of explain
ing the kilograms, they endeavored to shu
them out If Babcock were really an in
nocent man, he would court inquiry blu
g so long as he throws every obstacle in tn
way of inquiry, the moral verdict of tn
country will depend but little upon tn
verdict of the jury unless, perchance, n
seems probable, they shall both be to tn
same effect.
!. Reverdy Johnson.
J. The members of the bar of the suprem
q court held meeting Friday in the suprem
. court room in Washington, to suitably no
tice the death of Reverdy Johnson. Ex