New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1876-02-09
WHISKY FRAUDS.
GEN. BABCoCK,s TRIAL BEGUN.

GEN. BABCOCK'S TRIAL BEGUN.
SHE DEFENSE coMBATIvK-A LONG AND BITTER
TIGHT IN PRosPEcr-rHE JURY SATISFACTORY
GEN. BABCoCK's RETIRACY-MDoNALD's SIG
ERICANT REMARKS.
IBY TELEGRAPH TO TIE TRIBuHEl
sT. LOUIS. Feb. S.-This morning, promptly on
time, Judges Dillon and Treat entered the court
seom from the side door, and took their seats. 1t
was evident by the time the brief formalty OF an
nouncing the opening of the court was concluded
chat there would be no further delay, floating re-
ports to the contrary. Very little trouble or delay
was experienced in securing apparently satisfac-
tory panel Of jurors. The gentlemen selected are all
from the interior and far above the average in
Intelligence and probity being representatives
mostly of the better class of farmers and country
merchants. When the court convened In the
afternoon the prosecution proceeded at once
TO introduce witnesses to prove the existence
Of the conspiracy, as preliminary to establishing
Che connection of the defendant Herewith. Ex-
members of the Ring, who have already
testified in the Mckee and Mcdonald trials,
were called 10 the stand. The defense raised many
objections to questions asked, and their extreme
eombativeness on frivolous points clearly foreshad-
sws the long, tedious, and bitter fight over this case
which has been anticipated. Toward the end of the
afternoon session, ex-Judge Porter of New-York
arose and made his first statement in the case. All
eyes were turned upon him, his historical connec-
ton with the great Brooklyn trial having invested
him with novel interest. He spoke only for few
minutes on technical point under general discus
sOn among counsel.
Just previous TO the adjournment of the court
Judge Dillon made some very wholesome remarks
In connection with the press. He warned the jury
10 read no comments whatever on the trial, remark
ing that such sources of information were improper
for jury, and in many utterly unfair to the
various parties concerned, and often wholly false in
statement His attention had been called he said,
to what purported to be interviews between
yeporters and counsel OF other persons connected
with these cases. when he had every assurance that
no such conversations had occurred, and that they
were complete fabreations. He mentioned one
instance where o pending compromise between
the Government and some Of the persons con-
yicted during these trials was announced,
and 1t was said that this court had been
consulted and had taken the matter under
adyisement No such state of facts existed he said
and the statements were totally unfouDded III fact
Judge billions reference to bogus interviewers was
doubtless suggested by recent publication In
New-York paper, perhaps by an interview with
Gen. Butler telegraphed from st. Louis to Chicago
paper at the time of the Avery trial, when 1t was
supposed that Gen. Butler had been engaged by MI
Avery and had arrived In this city. the fact being
Speculation is of course rife as to the line OF de-
Tense to be pursued. 1t is intimated by those who
ought to know that there will be- in the first place.
the statement that the fight is not against Gen. Bah
cock personally but is directed against the Presi-
dent with the design Of forwarding the ambitious
ends of the persons who are pushing these charges
1t will be declared that the evidence upon which the
prosecution relies can be explained as thoroughly
consistent with Gen. Babcocks innocence, to the
nj
satisfaction of any reasonable mind. Gen. Babcock,
IT will be shown, is eminently social in nature, and
the persons to whom he sent kilograms imposed on
his good nature sOciabiity and creduity, and used
messages which were harmless as he sent them, for
their own corrupt purposes. Besides it must be re-
membered say the friends of the defendant, that
Mcdonald and Joyce were, at the time the CORE
spondence took place, officials In supposed good re-
pute and were on terms of intimacy with the most
respectable people and high Government officials
OF course the cipher kilograms and other docu-
mentary matters will have to be explained
Abijah NJ. Everest. who has been living secluded
with his wifes family is to be used in the Babcock
trial having received notice to be in readiness when
wanted by the Government counsel fargan' chlef
of the revenue agents. will be called to the stand by
the Government Gen. BabeOck is averse to pub
hcity, and generally keeps his room in an unobtru-
sive manner becoming his present position. The
prncipal arena of excitement is transferred TO
the courtroom. The General thus far has mani
tested a repugnance toward interviews with cor
respondents.
IL is said that Gen. Mcdonald, on the certificate
OF physicians that he needs fresh air on account OF
an abscess under the arm, took quiet walk on the
streets yesterday. accompanied by 1ailer. The
General is III eervescent spirits He is reported as
having remarked to a military friend who visited
him yesterday that Gen. Babcock is entirely inno-
cent of the charges upon which he is beng tired
"butD he added with an air of deep earnestness,
1.-THE end is not yet"
tits understood that the Government, at the in
sance of the securities of G. b. Wilkinson the de-
fanltrpg collector of internal at St. Joseph,
has been offered proposition that if the proceedings
against that official be dropped, that he can re-
turn from South America, they, the said securities
will make good all his deficiencies, amounting 10
many thousand dollars.
The Hon. f. c. Brearley of counsel for defense has
been suffering ever since his arrival with 30 severe
cold that he could not appear in court to-day lie
leaves tonight for his home. One of Gen. Bah
cocks counsel stated this evening that he had
reason to believe that the present trial might not he
protracted to such great length as was that OF
Mckee The rules of evidence, he said, will proba-
bfy be drawn down. and the defense would not be
surprised if the trial should terminate this week
He stated that President Grant would not be called
70 the witness stand The question of politics hav-
Ing been mentioned in connection with these whisky
convictions it may be of interest to note that, as
near az has been ascertained, of the Babcock
panel are Republicans and five Democrats.
SAMrs OF THE JURY-CoI- DYER's OPENING RE-
MARKS TO THE JURY-FIIzRoY AND THOMPSON
on THE STAND.
GENERAL PRESS DisPATcu]