The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1876-02-16


pired prior to that time. But II what was done
before was simply continued acts IL does not fol-
low that IL is Incompetent to show what the
frame of the structure, etc.. was OF the whole
conspiracy. We have such little time TO decide
these questions that our ruling may be irregn-
mind and decide on lis admission hereafter
The witness may answer the question, II being
understood that the ruling Of the court on It's
competence will be given hereafter. The wit
ness then began to speak shout MsgrTe, g when When
and sne oeieN N. TPoS TRompscn. % distiiier, was
called He gave the history Of his
connection with the ring eTP,sine66 s nog S.in he
stated numerous times tefore. During the ex-
animation of this witness, the defense ted
Indictment against the defendant, bat .Judge
Dillon ruled that testimony to establish the
e5istency OF & conspiracy nignS grsb, 1e givehi fnl
account Of the ringsnd It's operations,
FIIZRoY WAS THEN RECALLED,
and Col. Dyer asked him IL Megrue ever paid
him any money. storrs objected to anything
more pertaining towhat he called the Megrue.
conspiracy. He said that Thompson had testified
that itended in IsT2, an the prosecution, in
opening, stated the same thing. A long argu-
ment ensued, during which Col Broadhead said
tn at the theory wss that there was a conspiracy
formed in 1871, embracing the supervisors,
collector, special revenue agent.
SPLITS To tie close s Of Is7l. when there was
suspension. Then In Is the same parties went
on again and made more iLicit WHISKY ~ IL was was
and lay their p. ans. IL vas continuation OF
the same plans, the same division. etc: There
what they were to do. Judge Porter interrupted
COL Broadhead and stated that the counsel
did not meet the question fairly. The question
was whether.the prosecution Intended to con-
meet the defendant with the conspiracy of 1871.
They heard IT openly avowed in Deliberate ar
gument by the government that there was
conspiracy in 1871 which ended in 1872. The
same counsel called to the stand witness who
said hat slrRCnd In aWrah a
man who organized it left IL and went away,
and the effort was to connect the defendant
cond wh not he rssosS 70 such ha' seey
to prove the connection of the defendant with
this conspiracy. Broadhead replied that the
prosecution did not admit that there was a. con-
spiracy, commencing in 1871 and ending in 1872.
1t was continuous from 1871 TO 1875 where the
not t esiabish ahe ns fact M that Hesue was only an
officer of the ring and was discharged, when
he went out and some one else put in his place.
He did not claim that the defendant was con-
meet vita II.
THE CONSPIRACY IN 1871.
Porter was glad the gentleman sc frankly de-
olared that Gen. Babcock was not connected
with the Megrue conspiracy. But was 1t fair for
the government to turn an indictment charging
Intention to make Illicit spirits in 1874 into an
excuse to go back to a conspiracy, with which it
was admitted he had no connection, in order to
convict him. The court said "As we under
stand 1T, the inquiry of the witness is
10 NnaL JOOK place IN loIZ, ana III Is ODyecteu 10
on the ground that the conspiracy OK 1872 ended
in tGat year and is not connected with the con-
spiracy charged in the ind ictmeut. The coun-
sci STATED in opening, that the conspiracy with
whioS The defendant is alleged to have been
connected commenced in 1871, and extended to
1875. COL Broadhesd says that t. government
has no evidence to show the completely OF the de-
fendant in 1871 or 1871 IL it were g.
fact that The conspiracy ended in
1872, we should hold it irrelevant
to admit anything further concerning that
time. But II is not admitted that the conspir-
acy ended then. Mr. Thomas us d language
which ms tt intimate that the conspiracy
ended then, but that is the view of it from his
standpoint. At present We think you had
better direct your attention, not much to the
cons piracy in 1871 and 1872 to that of 1873 and
ls54. If we can see, when the case Is
ali in that the conspiracy in IS7I-'72 is not
part ofthe conspiracy alleged in the indict-
ment, and that the defendant in not connected
with the conspiracy in lS7l-'72, then We can act
on the testimony already presented and rule 1t
out" The court then adjourned. The Hon. Il.
&. Breasley, of Washington, one OfGeneral Bah
cocks counsel, has been so indisposed since his
arrival here that he has not appeared in the
case and le n for home tonight