, 1876-02-09

no MORE
Tho District Attorney announced that no more
vhisky cases would Como before tho Court Il.
this special term. and ali the inrorn oute,do hf
this sr'a!-panel "erc discharged
COURT PROCEEDINGS.
pYEn's opES1So SPEECH.
Br. Louls. Mo-, Feb. 8.-Tho District At
tornoy. ia opening the chac for the prosecution,
repeated tho history Of tho conspiracy which ~as
organized hore In 1871, Stating 1t involved all tho
disst!!c1a and rccsiflcrs md Government officers.
and employees here, and bad its ra1niflcations
evcn tn WashtnRton. 1lo cited several da-
patches alleged To Ihavo passad botween Joyco,
Mcdonald, Avery. and Gabcock, to chow that
tho two latter persons Toro engaged in the con-
spt1acy and cosrosponded with tho conspIra.orp.
Tho dispatches botwocn joyce aud Bsbcock
touching the appointment Of Col. Constantine
Ma8u!ro O. Collector Of Intornal Ney-
enue, after the death Of Chaslea ".
Ford, wore cited, and Col. Dyor stated that 1t
would DO proved that, from. that timo on, tho de-
fcndaut f,rn!nhcd information to tho Ring hero.
Tho investigation would reveal tho frauds,
for tho reason that all reyonuo agents aont bore
to examine a!Fairs were efthor bought mp on
their arrival, or adyicos Ind boon received hero
OF thoir contemplated vfEla. aud the opportuni-
ty thus given d'RtllIars loatralghton up aud show
regular work.
Alr. Dyer claimed that II would DO clearly
shown that Dabcock not only had full knowledge
riel on, but That llo aided tho conspl1ator6 in
their wofk, aud received mopey directly, from
Joyce, who mailed It to hlnl. Uabcock and
Avery wore tho two mon at Washington who
ment Of Gen. John Mcdonald, Babeocl:, it wouil
bo proved, was iii secret correspondence with
him. The evidence, Col. Dyer said, would In
ucaauro bo clscun,btsntial, but .lcro would not
b0 link missing tn the chain.
1osEpH II. F1rzHoY
waa thon put on tho witnctH-stand for the proae-
cntiou. After sestifying to hin position in tho
rovcnuo aoryicc ctc., h0 wns asked by DlRtsict-
Attorney Dyer, uho conducted lug examination,
10 stats what he knew about c. G. aIegrue, LlA
operations horo IN 1871, otc.
OBJECTION NO. !.
Judge k1utu, Of the defonBo. objected on tho
ground "that such statement would bo only Of
y hchrsay character, Is witncss dgl not enter
tho indictment charges defendant with consps-
ing TO dofraul tho Government ont OF
tar Of 10 cents per gallon on certain proof
splrts. Now. in point Of fact, thoro was no tax
That ta1 did not go into object until Juno, 1872.
NO, therefore, hold that no such conspiracy tx
tsted or could exist There may l1ar0 beon cosi-
aplraoy to deftaud tho Government Of 30 ccntB
por gallon, that ba1ug the tax then imposed: but
this ia not laid cut in tho tndctmont, and no
claim that It Ia correct rule OF LAW that con-
spiracy must 10 proved under the rno
lasd ont in tho Indictment, 1t is Mt
ter1y Incompetent to show tho existence
Of conspiracy to defraud tll0 Government gon-
orally. when the indictment charges conspiracy
to defraul It out Of particular or specified
tnx."
90 owl
Col. DroadhcAl 6aid 1t Was not necDssary to
show by witness what the tax vaB, II wns
enough 10 show that the Government had bccu
dcfrauded. Tho prosecution arc only compelled
to show tint conspiracy mas formed. ito Oh.
jocts, otc, That conspiracy continued after TIC
change in thc thx WEB naI Ie, aud tlut defendant
Was ono Of the conBpEhsutH.
ovEnH:I.En.
Judges Dillon mud Trout consulted together 2
few moments after which Judge Dillon sa!c.
We will NOS positively determine now whether
tho ploados haa confined himself to tile pastlcu.
lar and specific tax Of 70 ceDts por gallon. az
ttint tax was not i'nposod tlll 1874 1t may bo
that tue prosecution cannot GLOW wHat trans
before Was simply continued acts, 1t does not
fn,loW tlat it iB incompetent to SHOW
what tho frame, structure, oto... was of
tho whole conspiracy, We laYo nich little timo
to decide these questtona TINT our ruling may
bo irregular, and therefore we will hecp tho
question 10 mind and decide upon ts admission
hereafter. The witness may apswor tho ques-
ton, 1t being undernsooa that tho ruling Of the
THE DEskssE Hor ANXIOUS TO HEAR rHE s1onY
Witness then began 10 spcak ahont Megrne.
| when tho detcuao objected aud no WAS with
drawn nnd
THOMPSON,
diasilleE, called to thu stand, Ho gave Tho his.
tory Of l,is connection with tho Ring. explained
how hc made crooked wAisky, eto., esc., oil Of
which has been stated a. numerous tiinos before
oMlsOUs huL1suB.
During tue examination of this witnoss The
defensn objected to alt questions not directly
| relevant to tue Indictment against defendant.
but Judge Dillon rulod that testimony to estab