The New York herald., 1876-02-23

iact that there nefarous conspiracy IN d. Lou
IN 1871 and 1872 but II admitted oy the govern
ment when the question put TO them by the court,
That General Babcock had connection with that CON
spiracy In 1873 conspiracy was iormed whicn
continued until the order changing the supervisors 10
the winter OF 1875 On the argument of supervisor
Fulton this plan changing the supervsors gwen
up by the President alter due deberaon for another
plan which Fulton recommended and the Secretary
ana tne PRESIDENT accepted. IL the carrying oul
OF TINS latter plan hich led to all this exposure Thu
plan Is approved by you by u.s. by the whole country,
except Colonel Brodhead, who argues that the Pres
dent had no right TO change his plan.
The next step IN the argument was with reference
TO the knowledge at Washington respecting the Ring
here
In the spring OF 1875 Joyce and Mcdonald foI
reasons gwen by them, resigned. Think you that
their resgnaOns would have been accepted had theiI
connection with the conspiracy been known in Wash.
ingtoni When the distiers and recti6ers told their
story before the Grand Jurors last the District
Attorney learned how deeply Joyce and Mcdonald
coheerned and they were indicted but the eyl-
dence against them was not known. Later Joyce was
indicted in another district for various maleasances in
Office tried and convicted. In that way the real case
against Mcdonald concealed In midsummer NC
Donald indicted; his enemies doubt believed
him guilty as he was; with the fact OF his indict
ment there was circulated in the papers the widest
stories that the Treasury Department was in league
with Mcdonald and that even the President himself
was implicated. Knowing the fasty OF part of these
stories it was natural that in Washington It was be-
leved that these dstllers TO shield themselves had
sworn falsely against Mcdonald II was not believed
that he guilty until last November whom on hii
rlal the IeSa eVuence proved niin psy onu az
have been involved in the conspiracy. Judge Porici-
then referred to
THE COMMON ABHoRKxNcE OF TAXATION
and the strong temptation avoid IT, He said he had
no doubt the distillers felt the unjust and,
while tins did not justify them, their crime was i'm.
measurably less than that OF the officials Gentlemen,
Judge Porter you would not to-day take the word
OF Joyce II hewas here for the government the de
fence he has been proven liar perjurer and thief
you would not believe him oath, and yet they asb
you TO believe him unsworn when he was stating wha
was in his own interest: they would have you take
Joyce's own word that General U. L. Babcock
conspirator.
Judge Porter proceeded to analyze the evidence
for the government He said they had not produced
single letter convicting General Babcock Of
nection with the conspiracy They had not produced
one single telegram showing that he barganed for
received one cent of this money. They have had
testimony that Joyce received il, that Mcdonald
ceivcd IT, that Everest received it, that McKee, true
false received IL; but nothing that Babcock received
it. All they have Is nisln I've years he despatched
one telegram to Joyce and that dictated by the Pres
ommend you. - That during all the time Joyce was
showering his letters and kilograms on the Commits.
sioner, Avery on the President on everybody else,
he only sent
SIX TELEGRAMs TO DABcocK,
and only two of these Babcock answered One wal
touching the reported movements against Mcdonald
To this Babcock replies that he has the gentleman
and no friendly The other Is of the 18th
December and signed "Sylph, and yet General Bah
cock is held to answer TO a knowledge of conspiracy
when not the slightest evidence has boen introduced
prove either that he had that knowledge that HI,
had opportunity for obtaining it. Referring to news
paper assaults which have been made upon the Prest
dent in connection with this matter the speaker said
s'Evcn the most violent papers had not ventured Il
but they had made covert and cowardly nsnuationa
TO that purpose. Now these insnuatons should be
brought from their hiding places. Either the President
was or he was not in the conspiracy What
ABsURDIrY
1t that the President should violate his official oath
by conspiracy with Ftzroy and the rest OF the clan In
order that within three these consprators
might have the 10 send $500 TO his private secre
tary to bo divided between the two The prosecution
would have il believed that the President from whom
Colonel Dyer received his appointment and at whose
suggestion Colonel Brodhead chosen to assist in
tbn ahl fn Tho funa IF in
junction the Secretary of the Treasury, LET no
guilty man escape" because he told the iacts within
his knowledge that they might be used for whatever
they worth in the defence OF member OF his
household And who the thus assaedf
What are his antecedentsS The speaker here grew
eloquent in his audations of the President,
declaring that he was recognized in Europe
the foremost representative of American character.
and that such insnuatons worthy OF the
contempt of honest men. Neither of the government
counsel had made open statements TO the effect set
FORTH but they had lngenousy left IL to be inferred,
and the stratagem hardly TO be excused by profess
sona zeal and in any cause IL was simply desperate
resource of a sinking prosecution The defence had
nterposed not single technical objection 10 the intro
ducton of testimony, although newspapers
seemed to deem all objections as technical and that
had right to object to the introduction OF un-
sworn OF irresponsible persons The prose-
cuton rather had interposcd all the technical obec
ons the record would prove, and this was the first
time the speaker ever SAW case with such record,
Before the TO trial himself and co-counsel
arrived the conclusion that the indictment could be
quashed legal grounds without trial and determined
TO make the effort, but General Babcock stoutly op
posed such course and instructed that no technical
points be raised to prevent thorough examination oi
the case When the evidence all in the defence
had felt satisfied that there good grounds
for asking an instruction of acquittal, because
of the absence of substantial proof
hence the motion made. The Court decided that,
In OF the conflict of authorities II would be safer
OF course this decson but acquiesced in II as the
suit of profound consideration by pure and learned
tribunal The speaker addressed the Court and cited
authorities favor OF instruction that in de-
pending circumstantial evidence
AN ADEQUATE MOTIVE FOR THE CRIME
must be proved the jury He urged tho TACT that
adequate had been proven here. The conspir-
acy cod-booded combination for money and
nothing else. Yet the prosecution tells the jury that
Brashears influence for single resort for less than
$4,000; which could not buy Hsgp for less than
$l5,00O which could not engage gauger's services,
except for one fifth of the prosthat this conspiracy
purchased OF Babcock's high character and posi-
tion in whom the Presidents confidence was fixed and
still exists for the paltry sum OF 5000, which Everest
says he put the street letter box at Joyce's in
stance; is this not far worse than total absence Of
motvcY
recess was here taken and the reopening Judge
Porter continued his speech and addressed himself
that rule OF law which declares that OF
cumstantial evidence evidence in order warrant
verdict OF guilty. must he susceptible OF no expana-
ton except upon the hypothesis of guilt aud cited
authorizes the Court TO the extent 10 which this
rule applies He then made citation TO the Court
the proposition made by the Court when the
government offered to Introduce evidence as TO
picious against the defendant that the evil
dcnce might be admitted proving act,
and II tue defendant had IL in his power to
explain such act but failed to do This fact should
he considered against the defendant He read
from opinion OF the United States Supreme Court
prove that tins Court wrong in such ruling, and
that the converse of the rule laid down the law.
The opinion went to say that such
ruling would be declare that when a prima
facic presumptve Is made against crimi-
nal verdict Of guilty warranted when the de-
fcndant fails TO make defence to the jury. He then
said that assuming these principles to be the law, 10
would at be their duty and their joyous privilege
10 announce verdict of acquitta in this case where
the circumstances tail 10 justly reasonable sus-
plcon. IL the defendant committed the CRIME he did
II without temptation without motive and without re-
ward The Court would instruct that the absence OF
motive in of circumstantal evidence demands an
acquitta He confident in this view OF the law the
jury would brush away the trhes unworthy oil con-
sderation. In such
THE PREsuMPTfyE INNOCENCE THE DEFENDANT.
with which the law clothed him, arose 70 the dignity
OF proof The prosecution, with power TO bring nthcr
any man between the two oceans could not introduce
n single witness who could testify that a taint ever