Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1876-02-13

be gco1 opportunity TO take the bes
lngs IN this case 10 sea whittier we 8
drifting, and, If possible. TO get out
the fog aud smoke OF this general col
/ spiracy in which we have Seen lost the
hve days To do this IL is neces cary
consider the indictment. Nearly fiI
days have besn spent in trying to ssee
tRln whether any conspiracy ever exis
ed. A very small part Of that time hI
been devoted 70 the defendant, and U
10 this time nothing has been produce
} against him. This conspiracy mul
hrst be shown to have existed
IL IS not every declaration whic
is admissible. An admission in whatevt
shape or declaration, in whatever form
ISIS not material is not admissible. Th
paper presented has not been shown, q
II must be, to be material; IL there
any occult meaning, that must be show
before the paper can be accepted. Tn
Dencn caunOt PRESENT paper out G
which innocence may appear or guilt b
guessed, u1til It shall be shown whicl
Is the meaning. Here are put in tel
egrams, the most susceptible Of 81
documentary evidence to distortion
The ones produced csnuot be received
as evidence, because they show an in
timacy between Joyce and MD JnalC
and the defendant. Because men have
been intimstes in yeaJs past, and tht
guilt Of one has suddenly been dis
covered, the guilt OF the othel
cannot be proven by any
documents like abbreviated telegram
aud the kind Of evidence sought to be in
tr0duced. A man cannot he held respon'
siEle for the present condition Of mar
with whom eight or ten years ago hC
may have been intimate The trouble is
that the court and the jury will fail t.
put themselves in the defendants posi-
tion. 1t is not enough that 1t must bt
shown that these dispatches were Gent
by the defendant to this corrupt combi.
nation. Tt must be shown tn It this de.
fendant knew Of this corruption before
this telegram becomes admissible. Gen.
eral Babcock is moi indicted for giving
information to Joyce and M'Donald
and it is not unlawful for them to ash, OF
for him to communicate such informa
ton: TO make such inquiries Illegal, the
prosecution must first prove that Joyce
and M'Donald asked this OF Gen.
ersl Bsbcock from corrupt mo.
tives and purposes; that they
were corrupt men; that defendant is or
was q corrupt man, aud knew the cor
rupt purposes sought by Joyce and M
Donald. He said that sfter a search of
many telegraph offices, aud the efforts
made to procure the DEFENDANTS private
correspondence, four purposeless-so far
as this case is Observation-Disclosures
have been found. He cited the "Syiph"
dispatch and one other, and said all
combined were no evidence TO show
that defendant had any knowledge OF
the frauds at st. Louis. Referring to
Joyce's dispatches, he said "they are
no more than declarations because they
are written, and no more admissible;
written declarations are no more than
unsupported declarations made respect
ing one who is absent to third party,
and are not admissible" Mr.. Storrs
cited a number Of authorities without
reading them, and In conclusion said /:
We think, with reference to the tele-
grams addressed to General Babcock by
Joyce, it will be found that they had no
relation to the subject-matter involved
in the trial, and that they were upan-
swered, and it is not shown that they
were received by General Babcock."
Colonel Dyer followed Mr.. Storrs, con.
tending that there is evidence to prove
an important fact, which il, that iDfor-
nation was received from Washington
by the ring here, giving them knowledge
of the contemplated visits Of the reve-
nue. agents. These dispatches Of Bab-
cock, taken In their proper connection,
tend to show this, and that he furnished
this iTform alton, or some of it. This
evidence should go to the jury and its
weight be decided by them.
Colonel BrOsdhesd then spoke for the
prosecution, and gave numerous authori-
ties to show that these dispatches were
not only relevant, but competent. They
were evidently connected with the con-
spiracy, and, taken In connection with
the circumstances testified to and the
events shown in the evidence. they
were part OF that conspiracy. He con-
tended that they we're entirely compe-
tent and should be admitted, and that
the jury should be allowed, under proper
rulings ana instructions of the court, to
give them such consideration as they
thought they were worthy Of.
Judge Porter then began an argu-
ment, taking pretty much the same
ground as that Of Mr.. Storrs, claiming
that, in regard to some of the dispatches
produced, there was no proof that they
were ever received by General Babcock,
and respecting others purporting to
have been written by him, there is no
evidence that he ever saW or knew any
thing about them.
Before Judge Porter got fairly into his
speech the court adjourned, and the ar
gument will be continued on Monday.
THE PRESIDENTS AFFIDAVIT.
WASHINGTON, February 12.-The de-
position of the President in the case of
Babcock, taken to-day at the executive
mansion, were present Chief-Justice
Waite, Secretary BristOw, Attorney
General Pierrepont, Attorney VIM. A.
Cook, one of BaBcock's counsel, and Mr..
Eaton, who represented the prosecution.
The examination began at eleven
o'clock, and terminating at two o'clock
in the afternoon. 1t is said to be very
thorough, and characterized by
tTaight-forwardness which marks the
Presidents utterances. The oath was
administered by the chiefjustice, and
the examination developed the facts
that Babcock had not influenced, or at
tempted to influence the executive, in the
selection of the officials involved in the
so-called whisky ring; that he had not
intertered in any manner to cause the
OF the celebrated order for
the transfer of the supervisors, but that q
revocation was directed by the President
himself in order that suspicion would
be removed from the minds Of
those engaged in the frauds
80 that they might more readily
be detected in their efforts to cheat the
government out Of revenue or distilled
spirits; that the President still has i'm
plicit confidence in the integrity of Bab-
cock, and is satisfied with his eXplana-
ton Of the dispatches which have formed
so important an element in his prosecu-
ton. The cross-examination ELECTED
Of importance whatever; its OBJ
iect seemed to be more directed
against the President than Bsbcock. 1t,
however, developed the fact that, il
there had been anything wrong on the
part Of that officer, which the President
emphatically stated he did not believe,
it was entirely without the knowledge of
the executive. The President stated
that during the twelve years BabcOck
had been intimately associated with him,
he had not learned anything calculated
to imp9iF his confidence iu his integrity.
The testimony, as a whole, is declared
10 be strongly In favor Of BabcOck's
honesty.
A Row i'm Brigham's Nursery.
SALT LAKE, February ia few
days ago Alice, granddaughter Of Brig
ham Young, and daughter of Brigham
Young, jr., married Charles 4. Hop
kins, Gentle, contrary to the wishes
Of her parents. Yesterday she visited
her mother, and, during the evening, her
husband called for her, but she could
not be found. A writ of hd6eGs corpus |
was issued, and to-day the lady aRd pa.
rents appeared in the third district court |
10 answer. Their attorney claiming |
there was no fOrc.be detention, the hus- |