The New York herald., 1876-03-10

given without hesiiafion and an officer Of the commit
tee was despatched after that gentlemen
orvl;le N. Grant was then recalled and asked
whether he knew the erm OF Basher Co., OF Balti-
more lie replied that he did, being employed by the
nrm; this had connection with his Indian matters
in any shape lor;n; he haG just appeared the
Naval Ccmmittes aud given history Of the whole
matter Having been asked in what capacity he was
employed by tia: firm. he responded as solicitor In
brsiness at the rate OF $500 month; he had been in
their employ year ana half; Rasher 4 Co.
gagged in the steam heating business; his solcitorshp
connected not only with the government with
private parties ho obtained contract from the
War Department bu. obtained from General
Myers or the Quartermasters Bureau tho OF
only $500 or $500.
The committee adjourned until tomorrow morning
at haifpast ten O'Clock.
THE BABcocK COURT OF INoUmY-coRRRsPoND-
ENcE PLACED BEFORE THE HousE-THE LIST
OF WITNESSES AND TESTIMONY REQUIRED TO
BE FURNISHED DY DISTRICT ATTORNEY DYER.
The Speaker laid before the House of Representatives.
to-day large number OF papers received from the Act
ing secretary OF War response the House resolu
on OF the Sd inst calling Tor copies OF all tho nstruc
tons, orders letters teegrams other ocia records
In the War department relaxing the Babcock Court
OF Inquiry. The letters and kilograms relating Cen
the orders directing It TO be convened tho detail
for the court, its adjournment from day to day and
finally its dissolution consequences OF the Indictment
OF Babcock by tho ST. Grand Jury all merely
formal and have been in substance already published
except the following-
On the 10th of December Major Asa Bird Gardner,
Judge Advocate, from Chicago TO the Adjutant
General Of the army iollows-
JUDGE ADVOCATE.
SIR have the honor 10 report that the Court OF
Inquiry convened here by special order DAG adjourned
to-day meet al the call OF the President OF the Court
deem my duty to invite the attention OF tho proper
authority 10 tho following state OF facts 10
the case for the government which was called upon
Immediately receiving telegraphic notice of detail
hastened here in advance OF the assembling of tho
Court 80 as TO be prepared to proceed without delay
Had the Court been its assembling duly sworn
should nevertheless have been unable TO proceed in
consequences OF the failure OF Hon. ID. r. Dyer, United
States Attorney Tor the Eastern District Of Mis-
sour obey the positive Instructions Of the
Hon. Attorney General of tho United States
These telegraphic Instructions were sent TO him ON
December 9th inst and specifically directed that
should be furnished with 'any documentary evidence
bar-ng the case, and the names and the residence
any Witnesses whose testimony you (he judge I'M
porta. % mako the Investigation thorough +" copy
pl that order and OF my subsequent correspondence
yi.h Mr. Dyer Is herewith enclosed
The Court OF Inquiry instituted investigate
W. ruth OF certain accusations mputatons or trans
actions, alleged by the Hon. J. b. Henderson against
Colonei O. L. Babcock United States Engineers in the
trial in the United States District Court ST.
LOUIS, of one William D. Avery, Mr. Henderson being
associate counsel for the and assisting Mr.
Dyer The Court required report the facts and
give its opinion under the statute whether Colonel
Babcock had In reference 10 these specific statements
been properly chargeabe with conduct unbecoming
officer and gentleman. II he had violated any Grim
nai statute tho United States the proper United
States Civil Court could alone jurisdiction The
Military Court alone could investigate Colonel
Babcock In his military capacity; Tor, while he might
have done anything which express violation
OF the penal laws he might nevertheless have done
something .unbecomng an officer and agenteman,"
on which tho statute authorized inquiry.
On the 9Th inst, Mr.. Dyer had not furnished me
with any Information whatever telegraphed to him
On the 9th, he replied with copy OF stenographic
notes in the trials OF John Mcdonald and William o.
Avery. He has since sent me extract OF tho Avery
Colonel Babcock, pretty iul account OF which
also TO be found IN the daily newspapers As lawyer,
Mr.. Dyer must have known perfectly well that his
reply o the 9Th was no answer to my telegram neither
did comply with the Attorney Generals directions.
What required list OF witnesses and descrip-
tion documentary evidence which Mr.. Henderson
had based his remarks that the Court Inquiry
when organized, could examine for itself into the
ter Up to this afternoon nothing OF the kind has been
received from Mr. Dyer.
ON the evening OF December Mr. G. G. Gordon, of
the Infer-OceaS newspaper reported to me sobstan-
graphic Information that Mr. Dyer had publicly stated
that he should furnish lists of witnesses
mentary evidence. My interview with the reporter
will be found that newspaper for the 10th SO
far as the Avery and Mcdonald concerned
Mr.. Henderson's remarks To Colonel Babcock might
! have been based what he had heard seen wholly
outside the court IL will be noticed that didn't
| witnesses
done grand jury room, because when Mr. Hen
derson made his speech bill Of Indictment had been
! found against Colonel Babcock aad Mr.. Henderson
not the proper official to INTO the grand jury
subscribe such bill. He the associate OF
temporarily subordinate TO the District Attorney, who
by his presence and tacit acquescence adopted Mr..
Henderson remarks the authoritative statement OF
government Official What witnesses had said 10 him
deposed in aidavIts could not be used before the
Court OF Inquiry in that shape What required was
list OF such witnesses, so that they could be called
to testify in open court A description OF tho docu-
4 ia nm ph Mr. md hoca h,u
remarks also needed, so that in due OF law
subpoena duces tecum should be issued TO the proper
custodian 10 produce them in court.
The Court OF Inquiry did not complete its organZa-
tion but had It done So II could not have presented
disregard by Dyer OF his
immediate official superior, the honorable Attorney
General ASA BIRD GARDNER
Judge Advocate of the Court
The Attorney Generals letter 10 Mr. Dyer Is as fol-
THE ATTORNEY GENERAL TO MR. DYER
DEPARTMENT OF JUSTICE, !
WASHINGTON d. c. Dec 9, 1875
To tho Hon D. p DYER, United States District Atior-
ney, ST. LOUIS, Mo. -
The President informs that the Court OF Inquiry
convenes Chicago next Thursday; that General Bah
cock starts to meet hts trial; that Colonel Gardner
is the Judge Advocate TO whom, Chicago you will
please send any documentary evidence bearing upon
the and the and residences ofany witnesses
whose testimony you judge important to make the IN
vestigaton thorough. Ii there is any evidence ad-
ditonal to that please forward anc communi-
cate with the Judge Advocate at Chicago by messenger
otherwise you may deem most safe. 10 the end
that this important inquiry which will attract tho
ention of the country, may be complete In every
spccL
l repeat what have so often said, that wish
innocont punished and no guilty TO escape.
EDWARDS PIERREPONT, Attorney General
In letter dated Chicago, December s. Colonel Gard
ner informs Mr.. Dyer OF his being instructed by the
torney General apply to him Mr Dyer for tho
tons &c, agans: Babcock, alleged by Mr. Henderson
the Avery trial. the time and place appointed
the Court OF Inquiry the next day pro-
cecds follow3-
In advance OF its assembling, OF its lna action.
! havc tho honor 10 request you TO furnish me, by
return mail, with fall copy OF these accusations
putatons charges thus made, together with
plee a LIS: ol Witnesses possible, and any other in
formation which you may be pleased to favor with
relative 10 this inquiry aud which Will, in your Judg