The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1876-02-15


Deeh sen'ent beings instead Of smeared old pieces OF
paper they certainly would have Withdrawn their
diminished heads into the waste-paper basket
baoeocks counsel received the decision OF Judge
Diion' admitting the kilograms, with evident disap-
pontment aud Babcock himself again eyinced signs OF
great nervousness, which did not leave him all day
Dyers last frantic effort prove Joyces handwriting
by sniiin, who also did not know IT, produced ripple
ofhilarity Dyer read the dispatches in primlv sig
nihcant manner, and Babcock's hands which tovea
with his mustache trembled nervously dnring tieir
reading. When such expressions as tm nm iescooee
hangs attudilum, "matters are hunkey,n sc.
occurred, there was suppressed litter every
time But during the reading the defenco
kept Directing coloqually, until Judge Dillon rebuked
Them and said they must either object formally or not
at all When krum attacked Dyer, saying during an
argument at the close of the proceedings that he Dyer
did not understand the law in the case the Court al
ministered mild rebuke TO Krum and said such per.
sonaltles were not permitted.
Judge Porter, in concluding his argument against
the admission OF the kilograms In the Babcock trial.
occupied nearly all the morning session to-day. HIS
conclusions that they writings, and whether
proven TO be what they purpored 10 be in origin and
destination, II was still question OF law whether they
could be admitted as evidence He said he did not by
any means admit, however, that this proof and don
hea1oh nau Dcen shown. To the great majority
OF these kilograms there were produced no
answers at all; such were merely hearsay merely
letters relating to facts making inquiries which did
not convey the slightest hint of conspiracy but
OF these whatever might be shown Of them whatever
construction put upon them were admissible as test-
.mony until by intrinsic evidence had been estab-
shed that General Babcock had knowledge of the
istence OF a conspiracy That must first be proven,
and IL had not been proven.
After Judge Porter concluded Thomas 7 Walsh
brotherin-aw Of General Mcdonald chief clerk in his
Office when Supervisor, VAS called and identified
era letters and dispatches written by him at the dica
ton of Mcdonald, and also identified several signatures
OF himself and joyce affixed TO receipts for kilograms
TO Mcdonald, Joyce and others.
On the opening OF the afternoon session Judge Dillon
read the decision of the Court touching the
ADMfssIDLrrY OF DISPATCHES,
as follows "Rcspecting the objection against the
the Judges have united in the conclusion as
respects all except two dispatches respoc-
lively dated the 81 and 5th OF December. We
reserve the questions arising upon those dispatches
which are somewhat novel and peculiar for further
consideration. All the others offered meet with
tain objections which we proceed to state and notice
and decide We arc of opinion that the objection TO
the dispatches based upon the ground that they are
not relevant or material, is not well taken. The jury
is the constitutional tribunal to determine controverted
questions oil fact under appropriate advice from the
Court TO assist them in the discharge of this
duty If the evidence offered tends in any de
gree TO establish the existence OF any material
fact II cannot be objected to as Irrelevant but
must be received and submitted to the consideration
OF the jury III connection with all the facts and cir
cumstances of the To reject the dispatches Of
fered the ground that they irrelevant and
material would be a decision by the Court that such
dispatches had nothing to do with the alleged con
spiracy and would take that question: which Is a ques
tion Of fact from the jury whose exclusive province
is 70 decide questions of fact We do not deem IL
pedent or proper TO remark upon the several de-
spaches or TO say anything in the presence Of the
ana enect OF them III IS not TO be inferred
that in admitting the dispatches the Court holds that
they do or do not connect the defendant with the
alleged conspiracy AS to the objection that some Of
tho dispatches addressed the defendant were unan
swered we are OF opinion that under the circumstances
OF the case this alone does not constitute sufficient
ground TO exclude them Such dispatches TO be
viewed connection with all the circumstances of the
case including the nature of tho dispatches calling
for answer or otherwise, and the situation and
relations OF the parties and the effect TO be given
to the circumstances that no answers were
ratur ad tha chacxu ht ,o ia
PENDANT is to be determined by the jury upon the
whole evidence under the rules of law to be given in
charge Of the jury bearing the subject to the
dispatches between Mcdonald and Joyce confessed
splrators, such dispatches admissible statements
acts OF conspiraors among themselves further
ance OF the conspiracy But as to the defendant they
go for naught unless he is shown by other
be connected with the conspiracy charged in the ndic
ment"
PROVING THE DISPATCHES
Mr. Kennedy Dun manager OF the Atlantic and Pacific
Telegraph office at Washington, was called and ex-
planned the manner of handling dispatches in that
office One of the dispatches in question and TO
which the defence made most strenuous objections
the dated December 1874 and asserted 10 have
been sent by Babcock TO Joyce-could not
DO found, the package of kilograms Of that day
| duced This despatch is alleged to have been an
answer sent by Joyce from St. Louis to
Joyce, a doorkeepcr at the White House, but Joyces
| signature had not been identified by the prosecution
| aud therefore its delivery was only infcrential
| The Court decided the record and register Of tho
telegraph office did not remove the difficulty in this
| case
These dispatches are the ones referred TO in Judge
Dillons decision gwen above, and about which he
| served an opinion.
G. c. Sni6in one of the Presidents private score.
tarieS was called but he could not identify George
W r Sperry and Messrs Lennox and Cunning.
ham, clerks at the Planters House. this city testi
fed TO having received and recepted for several
dispatches TO Mcdonald and Joyce in 1874 mostly in
December, among them one dated December s. sup
posed TO DO the one asserted to have been sent by
Babcock to Mcdonald, and to which such objection
has been made
f. b. Brown, manager OF the Western Union Telc.
graph Office in this CITY, then explained the manner
IN which the records of his Office are kept, and how
kilograms are handled both for transmission and
livery.
Tomorrow the prosecution Will bring their case 20
close Beavis Frazier and Barton will be the last wit
nesses The testimony of the first two regarding the
"Babi letter has already been outlined Barton will
testify to statement made to him by Joyce
that the $4,000 raised IN April, 1872, was
Tor Babcock Exsecretary Bore, who will ties.
Babcock's character, arrived this morning General
Sherman, General Harvey and others will also testify
for Babcock the same point Besides those already
mentioned, Mayor Barrett. of Washington; THIRD
Auditor Mahon, of the Treasury, &c.
The following arrangement in regard 10 the summing
up made to-day Porter will open for the defence,
to be followed by Dyer for the government Storrs
win close Babcock and Brodhead for tho prosccu.
ton
II Is stated to me on the authority Of tho
! prosecuting officers here that Roger M sherman a
office In New YORK. is here az a spy on the prosecution
| on behalf Of Babcock. He a clerk IN Washington
| to ex-Attorney General Williams who is one or
| Babcocks counsel In the interests OF justice the
prosecutors have requested me TO make the present
| statement. Ostensiby young Sherman here
detailed by Attorney General Picrrepont take depos.
tions In a relative TO some crooked whskey
seized in New York, in which default
had been made and evidence whatever
| is required. HI has been here three weeks that
errand. lie tried hard TO pump Everest to what his
testimony would be before he went the stand
| PRESIDENT GRANTS TESTIMONY.
Your correspondent has been allowed the privilege
! OF glancng the Presidents deposition, which
arrived this evening Its main points, previously
communicated to any newspaper, are as follows when
asked in regard TO the suspension Of the Douglass or
| der whether Babcock had ever influenced him, the
President replied that Babcock had never taken enough
interest the matter 10 make hun remember and al
| though he could not recoec that Babcock spoke TO
him on the subject Of the suspension OF that order the
President said cross-examination that ne ala not
! know whether Babcock had spoken TO Douglass not
Douglass testified that Babcock did The President has
! never seen anything to shake his confidence In
| pohro ad All