The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1876-02-14

/ this does not raise legdl preaunPsioH
that this was received, but we are in
clined to think, as we said the other day
that this is evidence tending to show that
and it is proper TO be laid before the jury
| for their consideration. II was then agreed
that the dispatches should be grouped TO-
gether, and the question of their deliv-
livery, &c, and their relevancy, should
be argued at the same time.
At the opening of the afternoon ses-
sion the counsel on both sides appear ed
with numerous law books, evidently pre-
pared to make their arguments as strong
as possible. Several witnesses from
Washington, including Douglass and
Rogers were excused from further SER
vice, and will leave for home tonight.
Mr.. Storrs opened the
Argument for the Defense.
lie said this seems to be good oppor-
tunity 10 take bearings IN this case to see
whittier we are drifting, and if posi-
bic to get out of this fog; this
smoke, this general conspiracy
in which we have been lost these five
DAYS. To do this it is necessary to con-
slider the indictment. Nearly five days
have been spent in trying to ascertain
whether any conspiracy ever existed. A
very small part OF that time has been
devoted to the defendant, and up TO this
time nothing has been produced against
him. This conspiracy must first be shown
to have existed. 1t is not every declar-
alton which is admissible. The admis-
sion in whatever shape, or the declara-
ton in whstever form not material, Is
not admissible. The paper presented has
not been shown, as 1t must be tc be
material. If there is any occult meaning
that must be shown before the paper can
be accepted; the bench cannot present a
paper out of which innocence may ap-
pear or guilt be guessed, until 1t shall be
shown which is the meaning. Here are
put in kilograms, the most suscep-
tible of all documentary evidence
to distortion, and the ones pro-
duced can not be received as evidence
because they show an intimacy between
joyce, Mcdonald and the defendant.
Because men have been intimate in years
past and the guilt of one has suddenly
been discovered, the guilt of the other,
can not be proved by any documents
like abbreviated kilograms and the kind
of evidence sought to be introduced. a
man can't be held responsible for the
present condition of a man with whom
eight or ten years ago he may have been
intimate. The trouble is that the court
and the jury fail to put
themselves in the defendants posi-
ton. 1t is not enough that
it must be shown that these dispatches
were sent by this defendant to this cor
rupt combination; it must be shown that
this defendant knew of this corruption
before this telegram becomes admissible.
Gen. Babcock is not indicted for giving
information to Joyce and Mcdonald, and
it is not unlawful for them TO ask for him
to communicate such information. To
make such inquiries Illegal, the presecu-
ton must prove that Joyce or Mcdonald
asked this of Babcock from corrupt mo-
tives and purposes; that they were cor
rupt men: that the defendant is, or was
q corrupt man, and knew the corrupt
purposes sought by Joyce and McDon-
aid. He said, after search of
uiaus telegra9h offices, and efforts made
t6 pfocures vaS-,.V VfeA.aaats private corrss-
pondence, four purposeless, so far rs this
case is concerned, telegrams have been
found. lie cited the "Sylph' dispatch,
ahd one other, and said all combined
were no evidence TO show that the de-
fendant had any knowledge OF the frauds
at ST. Louis. Referring to Joyces dis
patches, he said: They are no more
declarations, because they are written,
and no more admissible. Written
declarations are no more than unsup'
ported declarations made respecting
one who is absent to a third party, and
that is not admissible.
Mr.. Storrs cited a number of authori-
ties without reading them, and in conclu-
zion said, I'VE think, with reference TO
the telcgrams addressed TO General Bah
book by Joyce, it will be found that they
had no relation to the subject matter IN
volved in this trial; and, second, that
thev were unans wercd, and II is not
shown that they were received by Cen
eral Babcock.
Position Of the PrOsccutiOn.
Colonel Dyer followed Storrs, contend
ing there is evidence TO prove an inpor-
tant fact, which Is that information was
received from Washington by the ring
here. giving notice of contemplated visits
of revenue agents. These dispatches of
Babcock's, taken in their proper connec-
tion, tend 10 show this, and that he fur
nished This information, or some Of II.
This evidence should 20 to the jury and
its weight be decided by them.
Colonel Broadhesd then spoke for the
prosecution, and gave numerous authori-
ties TO show that these dispatches
were not only relevant, but were COM
petent They were evidently connected
with the conspiracy, and taken in con-
nection with the circumstances and
events shown in evidence, they wee
part Of the conspiracy. He contended
that they were entirely competent and
should be admitted, and the Jury should
be allowed, under proper rulings and IN
structiOns of tho Court, 20 give them
such consideration as they thought they
were worthy of.
Judge Porter then began an Argu-
mcnt, taking pretty much the same
ground n Mr. Storrs, claiming
that in regard 10 some OF the dispatches
produced, there was TO proof that they
were ever received by General BabcOcE,
and respecting others pu-porting TO have
been written by him there Is no evidence
tha, he ever saw or knew anything about
them. Before Judge Porter got fairly
INTO his speech the court adjourned and
the argument will be continued until
Monday.
The President Examined.
WAsHISGTos, February l2-The
President wAs examined in the Babcock
case st,kthe executive mansion by Mr..
Cook Of this city representing
General Bsbcock and Mr. Eaton for the
government. The examination was at
tended bv Chief Justice Waite and At
torney General Pierrepont. The depOsi-
tion will not be made public until It ls
read in court 81 st. Louis.