The sun. [volume] (New York [N.Y.]) 1833-1916, 1876-02-10
mr.. Pierrepont on the whiskey Ring

DrER. United states District Attorney at
d. Louis, published ON the eve of BAH
cocks trial, is n singular document, in
view of all the circumstances.
Strangely enough, the Attorney G eneral
makes vague rumor the basis of formal
notice TO public officers with whom he is in
constant communication OH this very sub
Tect. II he was ignorant, rs cannot bc be-
heved, Of the whole course OF the whiskey
prosecutions, and of the policy pursued by
the Government toward certain classes of
cases, nothing was easier than To have de-
nanded that Information directly from
the District Attorneys. He has chosen
another method, which excitcs suspicion
and pIovokes comment. ms n departure
from the line of duty and inspired by Il
sinister motive. We quote his words:
"My attention has been called 10 q number Of
newsplpers stating that there would be- no fur
ther prosecution against many cuiity persons
Who confessed their crimes In It. Louis. Chica-
go, and Milwaukee. inupt believe this to 10
true; bIt as the assertion has been made 10Y
whom Z does not sayl that SO many guilty per-
sons are to remain unpunishcd | nave forward
Rd letter to each OF these cities, o inform each
District Attorney Of the fact.
"I know tn I many rumors ind crcdance In
these times ~ excitement. and trust that your
snvthiig that might look ike ftyorinc or tro
tscting men VINO Lave detrauded the Govern
nsrt.
charged with the exec Ition OF the laws contc'n-
plnte to favor or protect any Of the accused. and
eventIe ppearsnce "a such favorable treatment
ought TO be avoided"
On the surface this letter reads like an
exhibition Of zeal for the public interest,
but when scrutinized closely and connect
cd with Mr.. PIrRREPoNTs previous acts, IL
produces very different impression. Con-
spiracv is one OF the most difficult crimes
~ prove without lie mia and tes-
timony Of some Of the parties who engaged
IN It, In this whiskey conspiracy there
were various grades Of crimnality. Many
Of the distIllers were tempted into it upon
the assurance of immunity. Others were
In one sense coerced by the prospective
ruin Of their business, through the crush
ing competition of rivals who paid the
Ring assessments, and asked no questions.
Others again, as was recently shown in the
ease of Collector MAGUiRE, co1pcrated
without receiving any pecunary benefit (;
and others still were entangled through
political connections, which closed their
lips to frauds perpetIated in the interest
Of the Administration and the Republican
party.
All these parties are conspirators in the
eye of the law, and were indicted us SUCH
although, measured by n moral standard,
the degrees OF their guilt varied Fl ON each
other. The law itself draws a line Of dis
elimination, and leaves q large discretion
20 the judge in the imposition Of It's penal-
ties Public policy aims 10 punish and to
disgraco the real conspirators, who con-
eocted n scheme and combined together to
carry il out, for plundering the Treasury
OF its revenues; but the others are TO he
treated with less severity. Hence the
District Attorneys in some of these cases
have proposed TO deal lenicntly with the
least guilty, in order to secure their testi-
mony TO unravel all the threads of this
villainy, and to bring the authors of it to
Justice. They have followed in that re-
spect the practice daily witnessed in the
criminal courts, where confederates are
admitted as States evidence.
Such testimony is TO n certain extent
tainted, and the juiies are left to deter
mine its value by the corroborating cir
eumstances and the nnteccdent life and
character OF the witness. But for this
GLASS of testimony, MCDONALD. JOYCE, and
Others like them IN St. Louis, Chicago, Mil
varkec, and Evansville, about whose
oriminalty there is now no manner of
doubt, might have escaped conviction
These witnesses rendered u public service
Oh the stand which in some degree com
pensatCd for their former misconduct aud
entitled them to fair consideration.
Others in their category may perhaps tes-
tify on BABcocK's trial, and that is one Of
che points whore the shoe pin hes.
II is well known that the Indictments thus
far found in Chicago by no means uncover
all the principal parties connected with the
Whskey Ring there. And if the iustTuc-
tions of Mr.. PIERREPoNT are literally fol-
lowed by the District Attorney, these par
elephants in the plumber and protectors of
Che Ring who are holding conspicuous po-
dtions in public life may never be uncov-
sred, Practically he has notified inform
ers and coutederates disposed TO aid the
prosecution, that they have nothing TO gain
by turning States evidence, and the least
guilty must expect to share the fate of the
most guilty. In thus discarding the ac-
oepted wisdom of the law, the Attorney
General has relieved not IA few anxious
minds at Washington that have long been
exercised NJ the turn those trials were
takng, and at the fear Of an explosion
when least expected. The Senators aud
Representatives, ana other leaders who
have been urging the President to check
Che prosecutions or to connne them within
certain limits, and exciting prejudice
against Mr. BRIsTow by dnning in his ear.
charges of personal ambition as their in.
spring cause, had good reasons for thi-
anxiety The plea of party which was put
forward MS its excuse, covered persona
solicitude rs well, and perhaps much more
strongly.
Whether he intended II or not, Mr.
YIERREPoNr has responded to the " lshei
and appeals of these parties, in thus Grip
ping the future prosecutions, and re
neved their most immediate cause of fear
He has placed himself in a position too
nom which extrication will be difficult
Tor while processing to condemn favortisn
70 any guilty person who has either beer
convicted or who has confessed his guilt,
heeItend broad partiality to the thleve