New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1876-02-17
4 .SYRONG CASE.

4 STROAG CASE.
The Government has closed its case against
Gen. Babcock, and IL III the trial of Mckee,
certain persons and papers are already buSily
creating Tie impression that the prosecution
has broken down. and that 81 acquitta, OF ut
worst disagreement Of the jury, il inevitable.
70 strengthen Tins impression. il Is said that
the only witness upon whom the Government
relied for proof that none was forwarded TO
Gen. Babcock was decidedly broken down in
his testimony by REORGANIZATION, and that
the most important t,logI8n.- have not get
been admitted H. evidence. The tclCgIaul~ OF
Dec. 3 and >. in which Gen. Babcock was
asked whether the Secretary on Commissioner
had sent anybody TO ST. Louis. and lerhed
| that he conld not learn that amy one had gone.
or WAS going, were automatically those which
had greatest weight with tbc Grand jury. and
with public opinion ut the time OF the indict-
ment and if the defense succeeds in excluding
these it VIII have gained an important point.
On the OTHER hand, in indging OF The strength
of the case presented h. hc prosecution, II l.
necessary 10 90 back 70 The time al the IN
dictIntnt aud To consider what Impression the
facts then disclosed had upon public opinion.
Since that time great many ruhloiN nave
been circulated, partly with and parly with
out foundation. leading the public to expect
the prosecution TO prove very much more than
il has proved. But the vital question for Bah
cock is simply this: lla- the prosecution
proved enough TO conyinca Jury that he Is
cuiltv! The very mcaGcr tc- lnnhv lad be-
! fore the Grand jury convinced tLat body, al
| though many of its members VT" ,nch ardent
/ friends of The President tina they thought II
| desirable TO sign prCnunrdmcrtp thanking
! him for his course in thee eases. AZ ;!dt
| time the testimony of Major Crimes Wa- IN.
! known. important evidence given by Mcs.rs.
| Dou.,la.> and Roger, had no been obtained, ,hc
wines Everest va, still in Europe, and many
of the tclcglam~ which nos complete the chain
| Of testimony were unknown Certain leading
fact, were then enough 10 convince the Grand
jury. namely. that Gen. Eahcock was for
years on Intimate and confidential terms with
the con ,piratorS. that they boaNied OF ms sup
port, that they appealed to him for aid i'll the
| appointment of Magllirc and other nal;ers,
! that precisely what they wanted WI. ordered
! by some power higher than that OF the Com
missioner or the Secretary of The Treasury,
| that I'll patches with false names passed tie
tween him and the cOnspnatoIs, and that tllcy
/ felt absolutely certain that, a. Mckee cX-
pressed IT, Chi, thing was stronger than the
Governments" Pit these facts tagcthcr, AMI
how do they affect an unprejudl"cd mind
| What feeling did they produce when they were
| first disclosed! Was it not the universal h"-
lief that unless Gen. Babcock could fully cX-
| PLAN them he must be deemed gllltF
/ His defense has Vet Ia be heard. But hy far
the most damnng fac, in the whole case i
| that his very able counsel instead OF relying
mon their ability 20 meet and explain these
facts, have expended extraordinary eXeIilons
To exclude t. ,timony from the consideration OF
the Jury. when he was first indicted, Gen.
! Blhcock boldly aycucd his readiness 10 meet
these fact, md hi, ability TO explain tl"m
/ satisfactorily, and men properly awaited that
/ explanation, hoping that il would clear him.
| Let any maIi consider what would be his own
| feeling. if lac were ncnbCr of The Jdry. and
saw the counsel Of this innocent man, who
! boosted his ability to meCt every scrap al proof
/ against him. lahofing da, after day to shut
| ont Testimony. Would il not require II Yrry
] satisfactory explanation of evidence admitted
TO remove The unfayorablc impression thus in
eyitablv causcds Added 10 the facts placed
| before the Grand jury, we have now the
/ prOOt T'ldl ten. tdbtV'h dlit'HE'N W 'hiJ
on and did nave, s"cre, correspondence
! with Mcdonald after his indictment that he
did interfere to prevent the transfer OF Super
/ vjsoIs that he did cXpo~tulate with Douglass,
using The very words Of Joyce about black
"ening the memory OF poor Ford = that he
did send not one hut several dispatches TO
I Mcdonald and Joyce, which he not only con-
/ ccaled from the President, but thought it
necessary 90 cloak with fictitious name OF t.
put into cipher. Finally, Everest testiiies
that he mailed two letters, one to BabcOck
and the other TO Avery, and that, before those
| letters weio sealed in his presence, Joyce had
procured two $500 bills, one OF which he
actually saw placed IN one of the letters, and
the other seemed to have been placed i'll the
other, though he could not swear positively
/ that it was.
As to this testimony and all the rest, the
question is, What will M unprciudiced jury
believe! That rests, we think, upon the frank
ness and completeness of the defense. The
case for the prosecution, taken as a whole, is
exceedingly strong. Ii met only by technical
pleading and evasion, il not met very man
fully and conclusively by the defense, it will