The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1876-02-24

Mansion. to the Presidents private sec
retary, for information Of the coming of
agents to this district, was regular rou-
tine business, and ali proper. But 1t Is
not, and if it were, would it be necessary
to write under fictitious names?
He then showed BY the Presidents
deposition that this secret correspondence
was unknown to the President and there
fore Babcock had no authority from him
to send those dispatche and yet they say
Gen. Bsbcock's prosecution here ia an
attempt to blacken the name of the Pres
dent
Storrs, and Judge Porter said
The Testimony Of Everest
could not be created. If Everest had
intended to fix his testimony TO convict
Babcock how easy it would have been
for him 20 have sworn that he saw money
placed in both envelopes which he mailed
for Joyce. That he would not swear to
this is enough for me and you that he
told the truth. After all these efforts to
impeach Everest, they introduced Msgill
and put him on the stand to sustain Ev-
crest and prove that the letters were put
in the box again. After the testimony
|. was concluded, they became ashamed of
MagilI, and 90 back to contradicting and
abusing Everest. There was not man
who heard Magill testify who believes n
word he SAID. He is one of those wit
nesses who are always saying they want
to-. tell the truth, but you don't
let him. That won't do. He
told all the details OF his story, and then
said he had not thought of the matter
since he gave Joyce back the letters. l
am obliged to tho defense
for proving that Everests story
was true. The gentleman said
that men of both armies had been writing
He took both armies 10 hit both sides.
Out here in Missouri where the issues of
war have been dead and settled for years,
that can Go no COED. 1t was an attempt
to wheedle the jury, and has no conpec-
tion with the case. You, gentlemen,
have nothing to do with news.
papers or public opinion, but you
are here to do your duty according
to the law and evidence in the case.
would not detrsct one iCta from the brill
liant record of Mr.. Bsbcock, but you
must know that Mcdonald, Mckee,
Avery, and McGill, all these men had as
good characters rs the defendant, but
good regulations must not shield them
or him from just punishment.
/ say that if there ever was case
that justified conviction, this one does,
for the evidence against the defendant is
written in his own hand writing.
know the influence that undertakes to
hold him up, but | don't object to it. II
a man is able to gather around him such
influence to back HIM up in the day of
trouble, | could not say ought against it.
| stand here with the conviction that no
man, high or low, will escape punishment
if he merits it, and it encourages me to
feel sthat am supported by an
intelligent Missouri jury. | know
it would be an easy thing
to track down recttier, but | know
there would be current to stem when
the government laid its hands on one so
high, and, gentlemen, | ask your en-
lightened judgment to bear me out in my
duty. | can say truthfully that no
animosity raLkles in my bosom against
the defendant, and he and his friends
should far rather speak well of the public
officer sworn to do his duty who faith
fully tries to perform it, than say he is
actusted by malice and i'll will.
Conclusion.
Gentlemen you are relied on for a YER
diet that will send JOY 10 every honest
man in the country. Let it 60 abroad
that here in Missouri is found jury
which has the nerve TO do its duty. l
cay it will do more to build up this gov
ernment than anything else. 1t rests on
the jurors of this country to vindicate the
laws and il you fail in your duty and are
not faithful to the trusts you have assumed
this republican government must fail
because its revenues will be appropriated
BY thieves and its name fall into dis
grace They have spoken to you of the
defendants children, bat gentlemen,
there are million little tiny hands now
held up in this country crying "Give US
our daily bread and will the verdict
OF Missouri jury SAY to themt
you must cry on for bread, bu:
men who had plundered the Treasury
may enjoy all the lururies Of the day
Do your duty.
This ended the argument and the
Court adjourned TO 10 o'clock tomorrow,
when it is expected the Judge will de-
liver his charge and give the case TO the
iury.