The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1876-02-21

eues "Sot othtI u nun OI luFge aTuy eN'
perience, and finally, an occupant Of a
position the duties Of which we're varied
and important, and which required the
disbursement OF half u million dollars
yearly-he the victim ofmisplaccd conf.
dence!
The above are all the points touched
upon by Colonel Brodhead, and show
what parts Of the testimony tho prosecu.
ton most rely upon to make their case.
The Colonel closed with the admoni.
tion TO the jury not to be influenced by
the consideration Of his position, but II
they found that corruption resided in the
White House they should crush 1t ont.
He had condndenee that they had the
manhood and firmness TO render q YER
dict according to their convictions.
Mr.. sroRRs' SPEECH.
On the reassembling Of the Court this
afternoon, Mr.. Storrs opened the argu-
ment for the defense. He asked no con-
sideration for his client because OF his
position, but he asked, insisted upon, aye,
demanded, that the testimony in the case
be weighed with the same impartiality
that would be accorded to that OF case
wherein the humblest newsboy were on
trial. He cautioned the jury againstper-
mitting themselves to be swept of their
feet by the terrible storm OF excitement
to which the whisky ring Developments
have given rise. He characterized the
Court as in It's higher reality an elevated
plateau, towards which the eyes OF forty
millions OF people are directed, and par
ticularly to the jury. He regarded pub
lie opinion, when all the facts in the case
are before the public, and when the fever
Of a wrongly induced excitement is over,
US fair and Just, but he said it has never
been deemed safe and reliable in the ad-
ministration Of Justice since that day two
thousand years ago when it profaned the
Judgment seat and insulted heaven with
the cry Of "Cruciiy him "Crucify him!
A conspiracy charge, he said, was the
only one known to the law which may re-
suit in one mans punishment for another
mans crime, and this but makes the ne
cessity for positive proof Of guilt the
greater. He said that the Government,
during the past year, had made great and
thorough preparation for the trial. The
cradle and the grave had been robbed for
evidence, and the sanctity Of privileged
communications between counsel and
client had been invaded, but really moth
ing had been adduced 10 prove the defend
ants guilt. Only three wretched, pur-
poscless, meaningless kilograms had been
found in his handwriting. He paid
high tribute 10 Col. Brodhead's abilities,
but said that his argument had no heart
in it, but was given as the best that could
DO done for bad case. The Colonel
seemed to have forgotten, or to have de-
terIniued to forget, that first lesson OF the
profession. that the law presumes Il man
innocent till his guilt is proved. General
Babcock had not come into the Court,
however, protected and clothed with that
presumption, as the jury could not but
know. Every speech that had been made
in the trial denied him that presumption,
and, finally, in the summing up, it was
asked, not that he be convicted because
his guilt had been proved, but because
he had failed to introduce testimony to
prove his innocence. He asked the jury
10 read the kilograms in evidence in the
light OF the days they were written, and
notin the light Of to-day, which is u false
light. Read them, remembering that
when they were written Joyce and Nc.
Donald were occupying trusted positions,
and not rs to-day, bankrupt in position
and character, and in felons' cells. l
charge you, gentlemen, TO so through and
weigh every word from the witness stand,
and say to me where it has been shown
that General Babcock had any reason to
suspect that Mcdonald and Joyce were
engaged in conspiracy Of this kind.
Where is the evidence? ] defy any man
to point me to the spot or place which
indicates that General Babcock knew Of
the corrupt scheme in which Mcdonald
and Joyce were engaged.
Colonel Brodhead tells you that con-
spiracy is hard crime TO prove. All,
that carries this lurking idea, that be.
cause 1t is difficult to prove, therefore,
gentlemen, l cordially invite you to as
sumo crime which we have not proven.
General Babcock never saw one OF these
distillers; he is as ignorant OF the frauds
as Fitzroy evidently was Of the teachings
to be drawn from the story Of Annanias
aud Sapphira. II he had known, don't
you know that at some point this knowl-
edge would have leaked out? II he had,
they would easily have proven it. Not
one Of this horde Of distillers who have
been trouped up, defling this place with
their degraded presence, knew General
Babcock, save by his reputation as a
public man.
In tho presence OF these facts | de-
nounce the charge made against the dc.
fendant as participating in the appoint
ment OF Mcguire for guilty purpose, as
wicked and cruel. We possess the phys
ical power to do certain things, but you
have not the power to deduce guilt from
that statement Of circumstances. Leaving
this jury-box, il you say it means guilt,
that conscience in your bosom would
pursue you through life, and dog your
footsteps to the grave. Into your souls
such crime would burn and burn for
ever. Into the fog and vapor Of this
charge we pour the clear, bright, glori-
ous sunshine, coming from the Almighty
himself and dispel it. Isn't it splendid
to lift ourselves above these prejudices,
and TO say, "Thank God, Republican and
Democrat alike, It is n glorious delight
that in what was darkened with the
charge OF guilt we find an innocence RI.
diant in It's character" / feel as il an
inspiration were raining down upon you
and upon me; it is that blessed sense Of
noble Justice that raises us above the pet
ty prejudices Of mankind.
Here Mr.. Storrs stopped, and, after
leaning against the table for moment,
said to the Court: "If your Honor
pleases, it distresses me ask another favor
Of this Court, but l am subject TO pal.
pitation Of the heart, and l speak only
with great difficulty to-day. Allow inc
10 stop for ten minutes"
Colonel Dyer requested that Mr.. Storrs
be permitted to finish his speech Monday.
The Court granted the request, and
ordered IN adjournment.
PROM DISTRICT ATTORNEY DYER.
WASHINGTON, February l9.-Attorney
General Pierrepont to-day received the
following telegram from District Attor.
ney Dyer:
"ST. LOUIS, February 10, 1876.
"Hou. +. Pierrepoat, Attorney General,
Washington, D. @;