The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1876-02-02
BY TELEGRAPH
TO THE
WHEELING REGISTER.
Associated Press Report. By Western
Union Line, Office Northwest cor.
Of Main and 18th SITS.
DOMESTIC NEWS.
he Telegraph Fighting for Babcock

ST. LOUIS, February Upon the
opening OF the United States Court this
morning the attorney Of the Western
Union Telegraph Company appeared
with a motion to vscate writ of subpoena
ducss iecum from the Government upon
VIM. Orton, President of the Company,
requiring him to produce all the tele-
grams which pessed between General
Babcock, at Long Branch, and John Nc
Donald, John A, Joyce or Mrs. Joyce
at st. Louis, or at Rlpon, Wisconsin,
over several signatures, during several
months of last year. The telegraph COM
pany set up an answer that the demand
was too general, and would require sn
immense amount of labor. The inten-
ton to impede the trial was disclaimed,
but it was asked that the dates and de-
scriptions of the messages be given. The
point was discussed during the morning,
and taken under advisement.
On the reasscmbling of the court this
afternoon the Judge over ruled the mo-
ton on the part o. the Western Union
Telegraph Company to set aside the
supeana ducestecum.
Mr.. Voorhies then addressed the court
and stated that after a consultation be-
tween the counsel for the government
and for the defendant it had been agreed
that the government would withdraw
the sixth count, the indictment against
Mcguire charging him with conspiracy
to deiraud the government and that the
defendent enter also plea of guilty to
the remaining five courts charg-
ing him with neglect and derelection of
duty in not reporting to his superior Off.
Ger, the supervisor ofthe District, certain
irregularities of the distiliers. Counsel
further stated that when Mcguire took
charge of the office OF collector he was
unused TO its duties, was surrounded by
difficulties unforeseen and influences more
powerful than himself, and that these
difficulties and influences in great de.
gree caused his neglect OF duty. He was
innocent of intentional misconduct, ex-
cept so tar as he was controlled by the
influences brought to bear upon him.
He was under the control and subject to
the orders of Gen. Mcdonald, the Su-
pervisor who was member of the ring
and he had never received Il dollar by
the conspiracy which has been unearth-
ed. District Attorney Dyer reiterated
Mr.. Voorhees, statement as To the action
of the council. lie said the government
accepted the plea of guilty as to the
counts charging neglect OF duty, and
abandoned the sixth count, charging
conspiracy, and added: 1t is due to
Col. Mcguire to state that so far rs the
government is concerned we have been
unable to trace the payment OF any
money to him as member of the con-
:piracy. The Court agreed 10 this ar
rangement and noiLe proscQm WAS en-
tered as to the conspiracy count and a
plea of guilty entered as to the others.
1t was understood that Col. Mcguire
would furnish the government with in
formation relative 10 the conspiracy here
and elsewhere, not yet brought out in
evidence and he will no doubt be witnes,
IN other cases. 1t was then agreed there
should be no change in Maguire's bond
aud the court adjourned.