The New York herald., 1876-02-20


these distinguished individuals were OF more conse-
quence than the detection OF frauds on the
These delays dated down 70 the 18th OF December when
Brooks with his men waiting in Philadelpha Pa, was
notified that the raid on II was on the 18th OF
December, babcock, having seen the Commissioner,
telegraphed Mcdonald the "Sylph" despatch ~ sue
ceeded; they win not go. The Ring knew OF the
defeat day before the rading party did when Rogers
told Mcdonald onthe Sth OF December that the agents
and make him feel good that he sent his telegram 70
Joyce Dead dog the goose hangs Anutudeium; the
sun shines"
No, Mcdonald had put something else in motion and
on which he relied letter from Brooks had been
stolen from Rogers desk and wrong construction had
been put upon that letter and It had been put In Bah
cocks hand who, before the 18th OF December, as
Douglass testified, showed this to Douglass and gave
it a blaekmailing Construction. why should Babcock,
with all the manifold duties which he is credited WITH
have busted himself in this secret and hidden manner,
binding Douglass not to tell Rogers who had shown
him the letter.
General Babcock worked for FIVE days, in a manner
which would have been remarkably dsinterested had
he been an innocent man, in behalf OF the Ring, ap-
pealing not only 70 Mr.. Douglass but the President
and telling the latter that he had told Mr.. Douglass
that officers out here ought not TO be treated as
thieves Now, was there anything In this letter 70
warrant the assertion that officers being treated
as spiesf Most assuredly not, and Babcock did
order OF the President Colonel Brodhead said the
President had declared that Babcock did not influence
him in the revocation Of the order transferring super
vsors but that did not prove that Baocock had not
worked elsewhere TO that end The testimony SHOWS
that he went to Douglass who had the power 70 revoke
the order II shows that by warning that gentleman Of
the disastrous effect which this order must have on his
prospects for preferment he tried TO induce action ON
his part itshows that Joyce receiving Information
that the order had reduced temporary
ment telegraphed Babcock 70 push things, and they
were pushed.
and Supervisor Tuition for the revocation Of that order
not at all adequate to the ACT tSensationk They
explained that because the supervisors all the
country had learned Of the order some days bofore
they had time TO straighten up affairs II thing
wrong and therefore the whole scheme would be de-
feated but such not at all the The order
suggested originally and the President himself claims
the credit OF H. was intended, not TO discover frauds
already committed but to secure future benefits 10
held that the dstilers had gotten into such ruts
with the old supervisors that new ones would readily
catch them mapping The Colonel repeated that the
reasons given by the President and Mr.. Tuition
were not at all sufficient as they amounted
TO really no reasons at all There were other and more
powerful influences brought TO bear and the exigences
of the case seemed TO be such that the President
stepped down from his high position TO interfere with
the duties OF one of the department officers The order
was revoked, too, by telegraph, which of itself
strange proceeding and questionable in law This sus
pension was made the day after Joyce telegraphed
Babcock to push things against the weakening enemy.
Colonel Brodhead then referred 10 the fact that the
defence recognizing the damning erect,of Everest's
testimony about the letters, placed on the stand
MANUFACTURED AND TRAINED WITNESS
named hagil whose accurate memory of every detail
testify, whose remarkable orgetfuness TO the
OF any OF the hundreds of other persons to whom he
naQ Teburneu letters, ana whose
committed those unlawful acts, to say nothing of his
suffering manner when under cross -exam nation,
proved him most contemplate fasiner. The jury
had him, and little need be said about him. Tho
defence had claimed that the letters written by Babcock
TO Mcdonald under cover OF Major Grimes were OF an
innocent character But what the necessity of
this correspondence What was the necessity OF such
secrecy What was the occasion OF his thus
using his confidential riendP Ana, finally why
not these innocent letters produced, or why is not
Mcdonald put the stand to tesfyY Major Grimes
recognized in that simple fact strong ground for
MoponSid # BaSeocs were lin. this thing" % declaring
that If he we're, he would have nothing more to do
with him. There were many things which might have
been explained by the defence II Babcock inno
cent, the witnesses who so explain are living and
accessible Avery for instance, might have testi-
fed that he did that letter inclosing $780,
which was mailed at the same time as the other
mailed 10 Babcock, but they did not see fit to put him
on
placed confidence He tho innocent babe Of WASH
ngton City. He born and reared in Vermont educated
finally occupant Of position the duties OF which
varied and important and which required dis
bursement Of half million dollars yeariy-he the vic
tim OF misplaced conhdencel
The Colonel closed with the admonition that the jury
be influenced by consideration OF position but that
II they found that corruption nestled within the White
House they crush II out He had confidence that they
had the manhood and the hrmness render a verdict
according 20 their conviction
ARGUMENT THE DEFENCE.
On the reassembling Of the court this afternoon Mr.
Storrs opened the argument for the defence Ho
DeCAubo
position but he asked, insisted aye demanded that
the testimony In the case be weighed with the
impartality that would be accorded 10 that in
wherein the humbest newsboy was trial He
cautioned the jury against permitting themselves to be
swept of OF their feet by the terrible storm ofexrement
70 which the whEkey ring developments have given
rise He characterized the court as its higher reality,
elevated plateau toward which the eyes OF 40 600 600
Of people directed, and particularly the jury He
in = case are before the public, when
the fever Of wrongly induced excitement
S.en deemed safe and reliable in the Of
justice since that day 600 years ago when 1t prpfaned
the judgment seat and insulted heaven with the
cry Of 'Crucify Him, cruelty Him." con-
known to the law which may result
in one mans punishment for another man g crime
and this makes the necessity for positive proof Of
guilt the greater He said the government. during the
past year have made great and thorough preparation
for the trial The cradle and the grave had been
robbed for evidence, and the sanctity Of privileged
communications between counsel and client had been
invaded but really nothing had been adduced to prove
the defendants guilt only three wretched purposeess
meaningless kilograms had been found In his hand
writing HI paid high tribute to Colonel Brodheads
abilities, but said that his argument had no heart In it.
but was gwen as the best that could be done for bad
The Colonel seemed to have forgotten to
have determined 70 forget that the nrst lesson OF the
profession Is that the law presumes innocent till
hts quit is proved. General Babcock had not come
into the Court, however protected and clothed with
Every speech thai had been made in that trial denied
him that presumption, and finally in the summing
up conviction asked, not that his guilt had been
proved but because he had failed TO introduce testi
mony to prove his Innocence. He asked the jury 10
read the kilograms in evidence in light ofthe days in
which they were written, and not in the light OF
to-day, which is
A FALSE LIGHT
Read them remembering tnat when they were writ
ten Joyce and Mcdonald occupying trusted
positions, and not to-day bankrupt in position and
character and IN the felon's cell charge you gen.
temen, to 90 through and weigh every word from the
witness stand and say TO whetherit is shown that
General Babcock had any 70 suspect
that Mcdonald and Joyce engaged in n
conspiracy Of this kind where the evidenced defy
any 70 point me TO the spot place which indi
Gates that General Babcock knew the corrupt scheme
In which Mcdonald and Joyce were engaged. Colonel
Brodhead tells you that conspiracy Is hard crime
90 prove. All, that carries this lurking
idea that because it Is dhicuh 10 prove,
therefore gentlemen cordially invite you 10 assume
q crime which have not proven General Babcock
never saw one Of these dstilers he Is ignorant OF
the frauds FItzroy evidently Of the teachings TO
be drawn from story OF Ananias and Sapphra II he
had known, don't you know that at some point this
knowledge would have leaked outf II he had, they
would easily have proved IL Not one OF this horde OF
dstllers who have been rooped up dehng this place
with their presence knew General Babcock by his