New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1876-02-16
WHISKY RING.
The BabcOck Trial.

ST. LOUIS, February l5.-In the Babcocb
trial this evening, Thomas T. Walsh
brother in-law Ut General Mcdonald, and
chief clerk IN his Office when supervisor
WAS called, ami identified several letters
and dispatches written by him at the dictd.
ton of Mcdonald, and also identified the
signatures of himself and Joyce affixed to
receipts for kilograms to Mcdonald, Joyce
and others.
On opening the afternoon session Judge
Dillon read the decision of the court touch
ing the adm-slbllty of dispatches as fol
lows: Respecting the objection against the
adMissa blity rs evidence of certain dis
patches, the judges have united in the con-
clusiOn as respects all except two dis
patches. respectively dated the third and
fifth of December, and reserve the question
arising upon these, which are somewhat
novel and peculiar, for further cOn-idera-
ton. All the OtheI offered meet with Ger
tain objections, which We proceed to state
and notice and decide. We are of
opinion that the objections to the
dispatches, based upon the ground that
they are not relevant and material, is
not well taken. The jury is the consti-
tutiOnal tribunal to determine cOntroverted
questions OF tact, under appropriate advice
from the court 10 assist them in the dis
charge of their duty. Ii the evidence Of
fere0 tends in any degree to esta biisn the
expected to be Irrelevant but must be re-
ceived and submitted to the consideration
of the jury IN come ion with all the facts
and circumstances Of the case. To reject
the dispatches offered, on the ground that
they were irrelevant and immaterial, would
be decision by the court that such Gis.
patches h I'd nothing to do with alleged con-
spiracy and would take that question, which
is q question If TACT from the jury. whose
exclusive province it is to decide ques-
tiOns o. fact. We do not deem it expeGlent-
or proper to remark upon the several dis
patches or to Say anything in the presence
Of the jury rs to the views of the court
upon the force and fleet Of them. 1t is not
to be inferred that IN admitting the dis |
patches The court holds that they do or do |
not connect the defendant with the alleged !
conspiracy. As to the objection that some |
OF the dsps tches addressed to the depart
ment were unanswerable, we are of opinion |
that under the circumstances OF the case,
this alone does not constitute sufficient |
ground tOexc u.le them Such dispatches are
TO be taken in connection with all circum-
stances Of the cases. including the nature of
the dispatches, 8 calling Tor an answer
Dr. other " list. and The situation and rela- |
ions of thu rarties, nd the effect to bs
given 20 Il 9 circuu.t nc-s. hat no answers
we're returned II the dispatches were re-
,eived by the defendant, is TO 10 deter
nired by he jury upon tine whole -vidi nee |
under the rules OF the law to be given in
charge Of the jar. barring upon the -ubiect
As to the dispatches between Mcdonald
md Joyce, c'utess.d c nspirdtors, such ois-
patches are admissible as afat-mentst or
Vets ut conspirators among themselves in
urtherance ct the conspiracy. But as to
he defendant they <" fer naught, unless it |
q shown by other evidence to be connected |
With the conspiracy charged in the indict
nrnt.
Alfred Bevs, a dis iller. testified that
Joyce showed BIN the "Sylph" dispatch
rom Batcock, in 1874. HI, understanding
rom 1t was that revenue agents were not
coming. On that information preparations
we're made to run crooked whisky Bevis
'ot letter from Joyce t" show and satisfy !
lie partner. The contents of the letter ,
we're excluded. The Litter satisfied Bevis
III was right, and they would not be dis
urbed In making crooked whisky.