Daily Kennebec journal., 1876-02-09
THE WHlSAEY WAR.
Trial Of Gen. BabcOck, at St.
Louis.
EXAMINATION OF WITNESSES
Further Indictments Found at
New Orleans.

ST. Louis February 8. In the Babcock trial to-
day. the District Attorney repeated the history Of
conspiracy which was organized here in 1871, stat
ing it involved all distillers and rectifyers and
government officers and employees here, and had
its ramifcatons even in Washington. He cited
several dispatches alleged to have passed between
Joyce, Mcdonald, Avery and Babcock to show
that the two latter persons were engaged in the
conspiracy. The dispatches between Joyce and
Babcock, touching the appointment of Col. Con-
stantne Mcguire as collector of internal revenue,
| after the death of Charles w. Ford, were cited,
and Col. Dyer stated it will be proved that from
that time the defendant furnished information to
the ring here, the department was thwarted in
all efforts to get an investigation that would re-
veal the Frauds for the reason that all the revenue
agents sent here to examine the affairs were either
brought up on their arrival or advices had heen
received here of their contemplated visits, and an
opportunity thus given distillers to straghten up
and show regular work.
Mr.. Dyer claimed that il would be clearly shown
that Babcock not only had full knowledge of the
existence of the frauds which were carried on but
that he aided the conspira!ors in their works and
| received money directly from Joyce, who mailed
| it to him. Babcock and Avery were the two men
| at Washington who kept the ring posted even
after the indictment Of Mcdonald. Babcock, it
would be proved, was in secret correspondence
| W ith him. The evidence, Col. Dyer said, would
in a measure be circumstantial, but there would
not be link missing in the chain.
Joseph NJ Fitzroy was then put on the witness
stand for the prosecution. After estifying to his
position in the revenue service, he was asked by
| ination, to state what he knew about c. 6. Me-
grue his operations here in 1871, &C., to which
Judge Krum of the defence objected, on the
ground that such a statement would only be of a
| hearsay character.
After an argument, the Judge decided that the
| witness might answer the question, it being un-
derstood that the ruling of the court on its com
potency would be iven hereafter.
Witness then began to speak about Megrue,
| when the defence objected and he was with
drawn.
NJ. Thompson. distler, was called to the
stand He gave history of his connection with
| the ring explained how he made crooked whS-
key, &C., all of which has been stated many times
before,
During the examination of this witness the de-
fence objected to oil questions not directly reie-
want 10 the indictment against the defendant.
Judge Dillon ruled that testimony to establish
the existence of conspiracy might be given. and
witness gave a tolerable full account of the ring
and its operations.
Fitzroy was then recalled and Col. Dyer asked
him if Mcgrue ever paid him any money.
| Mr.. Storis objected to anything more pertaining
| to what he called the Megrue conspiracy. He
said Thompson has testified that it ended in 1872,
| and the prosecution in opening stated the same
| thing.
| long argument ensued on the question wheth-
| er the conspiracy of 1912 continued in
| 1884. The prosecution taking the ground that
| it was one continuous conspiracy.
The court finally ruled that the counsel had
better direct their attention not much to the
conspiracy in 1871 and 1872, as to 1873 and 1874.
IT, said the court, we can see when the case Is all
10 that the conspiracy in 1912 is not part of the
conspiracy alleged iu the Indictment and that the
defendant is not connected with the conspiracy in
1872 then we can act on the testimony already
presented and rule it out.
Hon. +. c. Bearsley of Washington, one OF
Babcock's counsel, has been so indisposed since
his arrival here that he has not appeared in the
case and left for home tonight
New Orleans, February s. Col. w. J. Behan
| and John Thorn of the firm of Behan, Thorn i
Co., and John Henderson, were to day indicted
for completely in the whiskey frauds, and bail was
fixed in heavy sums.