The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1876-02-14

good opportunity to take the bearings in
this case to sec whittier we are drifting
and, If possible, to get out Of this fog, this
smoke, this general conspiracy in which
we have been lost these five days. To do
this it is necessary TO consider the indict-
ment. Nearly five days have been spent
in trying to ascertain whether any conspi.
racy ever existed. A very small part Of
that time has been devoted 10 the defend.
ant, and up to this time nothing had been
produced against him. This conspiracy
must first be shown to have existed; it is
not every declaration which is admissi-
ble. The admission, in whatever shape,
or tho declaration in whatever form, not
material is not admissible. The paper
presented has not been shown, as II must
be, to be material. II there Is any occult
meaning, that must be shown before the
paper can be accepted. The bench cannot
present paper out OF which innocence
may appear or guilt be guessed, until it
shall be shown which is the meaning.
Here are put in kilograms, the most aus
ceptible OF all documentary evidence to
distortion. The ones produced cannotbe
received as evidence because they show
any intimacy between Joyce and McDon-
aid and the defendant. Because men have
been intimate in years past, and the guilt
Of one has suddenly been discovered, the
guilt Of the other cannot be proven by any
documents like abbreviated kilograms and
the kind OF evidence sought to be intro
duced. A man cannot be held response
BILE for the present condition Of man
with whom eight or ten years ago he may
have been intimate. The trouble is that
the Court and the jury will fail to put
themselves in the defendants position. It
is not enough that il must be shown that
these dispatches were sent by this defend
ant to this corrupt combination; il must
be shown that this defendant knew OF this
corruption, before this telegram becomes
admissible. Gen. Babcock is not indicted
for giving information to Joyce and
Mcdonald, and it is not unlawful for them
to ask or for him to communicate such
information. To make such inquiries il.
legal the prosecution must first prove that
Joyce and Mcdonald asked this Of Bab-
cock from corrupt motives and purposes,
that they we're corrupt men, that the de-
fcndant is or was corrupt man and
knew the corrupt purposes sought by
Joyce and Mcdonald.
Hc said after search OF many tele-
graph offices'dnd efforts made to procure
defendants private correspondence, four
purposeless, so far as this case ia concern
ed, kilograms have been found. He cited
the Sylph dispatch and one other, and
said all combined were no evidence to
show that the defendant had any knowl-
edge OF the frauds at ST. Louis. Refer
ring TO Joyce's dispatches, lie said they
are no more 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
that is not admissible. Mr.. Storris cited
a number OF authorities without reading
them, and in conclusion said: ave think,
with reference 10 kilograms addressed to
General Babcock by Joyce, it will be
found that they had no relation to the
subject matter involved in this trial, and,
second, that they were unanswered, 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 is that information
was received from Washington by the
Ring here giving notice Of the contemplate
ed visits Of tho revenue agents. These
dispatches Of Babcock's, taken in their
proper connection, tend to show this, and
that he furnished this information, or
some OF it. This evidence should go to
the jury, and its weight be decided by
hem.n
Colonel Brodhead then spoke for the
prosecution, and gave numerous authori-
lies to show that these dispatches were not
only relevant, but competent; they were
evidently connected with the conspiracy,
and, taken in connection with circum-
stances testified to and events shown in
evidence, they were part Of that conspi-
racy. He ,contended they were entirely
competent, and should be admitted, and
the Jury should be allowed, under proper
rulings and instruction Of the Court, to
give them such consideration as they
thought they were worthy OF.
Judge Porter then began an argument,
taking pretty much the same ground as
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 9th.
ers purporting to have been written by
him, there is no evidence that he ever saw
or knew anything about them.
Before Judge Porter got fairly into his
speech, the Court adjourned, and the ar
gument will be continued Monday.
THE PRESIDENTS DEPOSITION.
WASHINGTON, February 12.-The depo.
sition Of the President in the case Of
Babcock was taken to-day at the Execu-
tive Mansion. There were present Chief
Justice Waite, Secretary Bristow, Attor-
ney General Pierrepont, Attorney Wm.
A. Cook Zone OF Bahcock's counseD and
Mr.. Eaton, who represented the prosecu-
ton. The examination began at II
O clock, terminating at 2 in the afternoon.
II Is said to have been very thorough and
characterized by the straight forwardness
which marks the Presidents utterances.
The oath was administered by the Chief
Justice, and the examination developed
the facts that Babcock had not influenced
or attempted to influence the Executive
Mansion in the selection Of any official
involved in tho so.called Whisky Ring;
that he had not interfered in any manner
to cause the suspension OF the celebrated
order for the transfer Of Supervisors, but
that the revocation was directed by the
President himself, in order that suSpi.
cion, being removed from the minds Of
those engaged in the frauds, they might
the more readily be detected in their
efforts to cheat the government out Of the
revenue on distilled spirits; that the
President has still implicit confidence in
the integrity Of Babcock, and is satisfied
with bis explanation Of the dispatches
which have formed so important an ele-
ment in his prosecution.
The cross.examination ELECTED nothing
Of importance. Whatever iH object, 1t
seems to have been more directed against
,La p.ns;5an1 than Rahcnck II how.