The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1876-02-13


Il was then. agreed that the dispatches should b
grouped together and that the question OF their dc
livery SC, and their relevancy should be argued q
Al the opening OF the afternoon session the eoun sci
on both sides appeared with numerous law books and
evidently prepared TO make than arguments strong
as possible Several witnesses from Washington, in.
GLIDING hessrs Douglass ane Rogers were excused
nom further attendance aud will leave for home TO-
night
OPENING or TIE DEFEScE
Mr. Storrs opened the argument for the defence. He
said This seems to be good opportunity TO take
the bearings ~ this case; TO see whittier we are
drifting and, possible, TO get out Of this fog this
smoke, this general conspiracy which we have been
consider the Indictment Nearly five days
have been spent IN trying TO ascertain whether
any conspiracy ever existed very small
OF that time has been devoted to the defendant
and up 10 this time nothing has been produced against
him. This conspiracy must first be shown to have
existed II is every declaration which is admis-
sible The admission, in whatever shape or the deca-
ration in whatever FORM not MATERIAL Is not admis-
sble The paper presented has not been shown, as II
must be- TO be material II there is any occult mean
ing, that must be shown before the paper can be
cepted. The Bench cannot present a paper out Of
which Innocence may appear or gulI DC guessed at
put in kilograms the most susceptible OF all docu-
mentary evidence 70 distortion. The ones produced
cannot be received as evidence because
INTIMACY
between Joyce and Mcdonald and the defendant Be-
cause men have been intimate in years past and the
the other cannot be proven by any documents like alb
breviated kilograms and the KIND Of evidence sought
be introduced. man cannot be held responsible for
the present condition OF man with whom, eight or
years ago he may have been intimate. The trouble
is that the Court and the jury will fail to put them
selves In the defendants position. 1t is not enough
that Il must be shown that these dispatches
by this defendant TO this corrupt combination
II must be shown that this defensant knew OF this
ruption before this telegram becomes admissible
General Babcock not indicted for giving information
to Messrs Joyce and Mcdonald and it's not unlawful
for them to ask for HIM to communicate such in
formation. To make such inquiries illegal the prose
cution must first prove that Messrs. Joyce and
Mcdonald asked this ofGeneral Babcock
FROM CORRUPT MOTIVES AND PURPOSES,
that they corrupt men, that the defendant is
a corrupt man and knew the corrupt purposes
sought by Messrs Joyce and Mcdonald y He said
"Aiter n search Of many telegraph offices and
efforts made to procure the defendants pri-
vate correspondence, four purposeless-so far as
this concerned-telegrams have been found He
cited the Syph' despatch and other and said, all
combined evidence TO show the defendant had
to Joyces dispatches, he said they deca-
rations, because they written, and more adms-
sible. Written declarations are no more than uhsup-
ported declarations made respecting one who Is absent
to a third party, and that IS not admissible"
Mr. Storrs cited number OF authorities without
reading them, and, in conclusion, said:-We think.
without reference the kilograms addressed to Gen
era Babcock by Mr.. Joyce, 1t Will be found that they
had relation to the subject matter involved in this
tral and second, that they were unanswered and II
not shown they were received by General Babcock.
Colonel Dyer followed Mr. Storrs contending there
is evidence so provean important fact which is that
Information was received rom Washington by the
Ring here giving notice OF contemplated visits OF
agents These dispatches of General Babcock,
taken in their proper connection tend to show this
and that he furnished this Information or some OF IL
This evidence should go TO the jury and Its weight be
decided by them
and gave authorities show that these de-
spaches were not only relevant but competent They
were evidently connected with the conspiracy and,
taken in connection with circumstances and events
shown in evidence they we're part OF that conspiracy
He contended they entirely competent and should
be admitted, and the jury should be allowed, under
them such consideration as they thought they were
worthy or t
Judge Porter then began an argument taking pretty
much the ground Mr.. storrs, claiming that in
regard OF the dispatches produced there was
proof that they were ever received by General Bah
cock and respecting others purportng TO have been
written by him. there is evidence that he saw
or knew anything about them.
Before Judge Porter got fairly into his speech the
Court adjourned, and the argument will be continued
on Monday.
PRESIDENT GRANTS THsTINoNY-AN IMPOSING
SCENE AT THE WHITE HoUsE-BABcocK TOOK
NO PART IN CONTROLLING Or ADVISING AS TO
THE APPOINTMENT OF REVENUE OFFICERS.
wAsmSGroS Feb. II, 1875
The deposition OF President Grant touching the case
OF General O. {. Babcock taken at the White
House to-day the proceedings occupying two sessions
one Of three hours In the early part Of the Afternoon
and another OF about hears ths evening The LAT
ter was devoted to tnercfeadink revision and certa
cation Of the testimony
rumor in the morning that the examination woult
be conducted with open doors sent not only every
newspaper correspondent in Washington, but quite
large OF the local Judiciary, TO the vest
bue Of the White House, which they beseged with
great eaneDess and patience but fruitlessy, as the
doors Of the apartment in which the proceedings took
place we're rIgidy closed to the press as well as
the public in general This apartment was the execu
tive chamber itself The business on hand was no,
only serious and important, but the scene in q
measure impressive and august The President occu-
across which so many OF have been dis
cused and accomplished At his left sat the Chief JUS
tice of the Supreme Court Of the United States Mr.
Morrison r. Waite who present in the capacity o.
notary to attest and certify the result Of tn,
Interrogation OF the President A simple notary
or United States Commissioner would hav,
been competent for this purpose, but owing t.
the eminent position Of the deponent who's,
deposition was TO be taken courtesy demanded tina
the notarial Office should be performed by judi ca
ofacial OF exalted rank.
II will be remembered that the defence whose in
erest the testimony OF President Grant elected to-day
is to be presented at ST. Louis contemplated asking hi
attendance person at the trial but the advantage
such strong circumstance for the defence had to b
foregone view OF the CUSTOM which has become al
most law by successive rulings Of the Attorneys
General that the President shall not leave the vicinity
Of the Executive Mansion during a session OF Congress
In Difference to this regulation commission, duly au
horzed by the United States Court St. Louis, came
TO Washington take the deposition Of the President
in answer 70 series OF nterrogatores agreed upon BY
the opposing counsel in the case and prOpounded tc
him seriotiHL
Next the Chief Justice sat Mr. Bristow Secretary
OF the Treasury and little further along the table Mr..
Pierrepont, the Attorney General To the right
Of the President and occupying the other
side OF The table, were the attorneys,
Messrs Lucien Eaton, OF ST. Louis government coun-
sell and William A Cook, OF Washington, who submit
ted the questions, on behalf Of General Babcock Two
stenographers made short hand memorandum OF each
iDterrogatory and the answer thereto being employed
at the instance OF the Chief Justice lhlment Of his