Evening star. [volume] (Washington, D.C.) 1854-1972, 1876-02-11
THE TRIAL OF GEN BABCOCk
The Testfmouy Kesterdav

distiIlery, II 600 10 =. 1OO. Bingham's, ~5D 10
~l,SO Jouett's, 500 TO SLIGO; Bevis & Fra
Zer's, II 600 To $1,000. Coming down 10 the
spring of 1876, either late in February or ear
~ in March. Everest said Joyce once sent
him 10 the sub-treasury with a package OF
81 COO in small bills TO get two 500 bills. lie
brought them back, and Joyce put them in
an envelope, and told him TO take them across
the street aud put them In the letter box;
He was then asked he hal observed the
directions on the letters. Before he coulI
answer, the defence interpoSed an objection,
claiming that the prosecution We're now try
ing 10 show that
BABCoCKS NAME WAS OF ONE OF THE
LETTERS,
and that the evidence was not competen A
long argument ensued, and Judge DILLON az
its close said, l understand that proSecu ton
hold that deposit OF letter into the mail
box addressed to person raises the pre-
sumption that the letter reached It's deStiaa-
ton.
Judge Storrs.-That is what they claim,
but we deny that there is any legal presump-
ton OF such result.
Judge Dillon.-In order 20 have this prop
erly put 10 the jury would ask the witness
Were there two envelopes?
Witness.-Ies, sir.
Judge DillOn.-Were they prepaid
NltEess.-Ies, sir.
Judge Dillon.-Nou say you do not know
whether they contained letters or not?
WItnesS.-I should say they aid, but as /
saw only the paper, and not the writing, I
cannot state definitely that they Were let
| ters.
Judge Dillon.-Did you drop tie envelopes
in the mail box?
| Witness.-I did.
Judge Dillon then adjourned the court until
| p. M, and requested counsel ID send au-
thOrlties TO his room.
JUDGE DILLoN's DECISION.
| On the reassemOling OF the court for the
afternoon session Judge Dillon SAID: .sTne
| court is prepared 10 dispose OF the question
raised on the objection To receive certain evil
dence. The Judge then recited the objections
| made argnmQnt a Sa1 ny
the defense and said: Upon review OF the
authorities relating TO the subject OF the adj
| instability OF letters by one person addressed
| TO another by name, at his known post Of
nee address, prepaid and actually deposited
| in the post office, we concur, both OF US, In
| the conclusion OF adopting the language OF
| Chief Justice Bigelow, To wit: This Is evil
| dence tending 10 show that such letters
reached their destination and were received
10y the per sons 10 whom they were addressed"
| The Court then proceeded: This is not a con-
elusive presumption, and IL does not even
create a legal presumption that such letters
were actually received. IL is simply evil
dence admissibly tending, If credited by tho
jury, TO show the receipt OF such letters-a
TACT, in connection with other circums tances,
TO be referred to the jury under appropriate
| Instructions, as its value will depend upon
| the circumstances of the particular case.
II is objected also that the evidence, even II
admissible, as tending 10 prove the receipt
OF money, should be rejected as immaterial
| or Irrelevant, as having no possible force. Ii
| IL was admitted here by the counsel for the
government that this was all the evidence
which they expected 10 produce for the pur-
| pose Of connecting the defendant with the
| alleged conspiracy, its conclusive character,
standing alone in case where the defend
| ants mouth is sealed, would doubtless be
such as that the court would be bound 20 say
TO the jury that IL could not be safely made
| the basis OF conclusion inculpating the de-
PENDANT. II may not have been actually re-
| ceived. The writer may not have been
| known; his purpose may not have been
known, or the person who received IL may
not have known why il was sent, or may not
have invited il or have known that IL was in
| any way connected with the guilty purpose
ascribed TO IL by the prosecution, as any flle-
emily under the same circumstances, IL is for
the jury under proper instructions by the
court. TO look at the letter, il il was sent and
| received, in connection with all other cir
| cumstances in the evidence.
| THE TWO FIVE HUNDRED DOLLAR BILLS.
| Mr.. Everest was then recalled TO the
stand. He testified Col. Joyce handed me
in the letter-box, which 1 did; Joyce was
| watching me from the window OF his Office;
! was facing him; could see him watching
was directed TO w. o. Avery, Washington,
| II. O., and the other TO Cen .. L. BabcOck,
Washington, ID. C.; each 81 them had per
sOnal" in the left-hand corner. They were
| ordinary envelopes, and had no printed mat
ter on them or other directions, except what
| have stated. They had postage-stamps on
them. never saw General Babcock before
Cross-examined by Mr.. Storrs: have
been In this city since January 20. cannot
| tell the month in which 1 mailed the letter;
il was either February or March, 1875, but
am not positive; think IL was the latter
| part OF February or early part OF March. I
e e cue Coionei joyce stood In 'front.' of his
desk when he put the money In the enve-
| lopes. The envelopes were on the table
sat down TO his left. was watching him
| attentively. He first took the two enve-
| lopes up, took the paper out OF one Of the
envelopes and put the bill In the other enve-
lope, am not positive that he did put il in.
| Whether IL was the letter directed 10 Bab-
| cock or TO Avery that he put the bill in
| cannot say. When / went TO Liverpool, in
1873, had no special business there except
| to get out Of the way. i knew / was in the
| whisky ring, and wanted TO keep out OF
trouble. went TO London and Paris after
| leaving Liverpool, then went TO Rome, where
| i received letter from my brother 10 return
home. BE did not tell me IL was safe for me
| return. / met Colonel McFan when landed
in New York, but the meeting was acct
dental. From New YORK went 70 Phila-
he esme 70 see me- tod ni@
what have testified. i told Colonel Dyer
since / came here what would testify 10
posi aiS s' which enSsiope saw Joyce put
| the $500 bill into. There has been no
| pressure to make me remember that there
When was before the grand jury, and on
my direct examination, 1 said presumed
| the second $50 was put In the other envelope
as well as In the one saw. / do not know
whether / have been indicted here or not;
| the papers say / am. 1 made no inquiry
| about IL. have never been arrested on any
| Indictment There has been no understand
| ing or bargain about IL. There have been no
hints TO me that would not be arrested. /
have no reliance that will be. i was before
the grand jury at the May term, but did not
testify that I knew nothing about the whisky
frauds.
Henry p. Alexander, chief clerk and teller
in the United States sub-treasury In 81
Louis, testified to having given two $500 notes
not Identify Everest a. the person TO whom
he gave them.
Edward B. Frazier, OF the distilling irm OF
Beuis & Frazier, then took the stand. There