The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1876-12-02

that he seldom communicated with the
conspirators.
LETTER FROM BABcocK.
When Avery was notified on July 26th
that an indictment had been found against
him, he realized the danger he was in.
lie had been apprehensiye for several
weeks, because he knew his telegrams to
Mcdonald and Joyce had been found.
Moreover, he knew that all the distillers
and subordinate distillers who had been
indicted were manifesting disposition to
turn States evidence. He was, moreover,
uncertain about Mcdonald and Joyce, and
accordingly in this frame of mind he wrote
to Gen. Babcock, who was then at Long
Branch, telling him his apprehensions and
doubts. To this he received the following
reply:
LONG BRANCH, July %, 1876.
MY DEAR AVERY 81 cannot believe that
Joyce and Mcdonald have done any such
thing as you refer to. believe them both 10
be good, reliable officers. | will do ANYTHING
In my power to aid you. Let me know ali
you see and hear. Keep cool; YOU NAV de.
pend upon me. / do not believe they could
be used against anybody. Now find out If
they can be used as witnesses. do not for.
ward this, for saw Scott Smiths notice in
the Post last night. you want TO send any
thing to Joyce, enclose it to Mcdonald and
enclose it to Major L. b. Grimes, Assistant.
Quartermaster, st. Louis, Missouri, with a
simple remark PLEASE send to Gen. Nc
Donald, and oblige one Of his friends" You
need add no more, it will reach him. / see
M nj tO "a. 4. La.
people act under legal counsel and write To
no one. The Secretary (Bristow) has not
been here, and has not seen the President
since his wife sailed-not that can find out.
See Luckey, and confde in him. Luckey is
true friend, and has excellent sense. Trust
to his judgment, and tell him everything, and
we will see you through. Keep cool. Give
the kilograms that you sent those parties and
what they were signed, and those which they
accused you of sending. Imay be able to see
something. If an actual Indictment should
come, get a good, clear headed lawyer, and
make square fight. will do oil / can. |
repeat, keep cool as you can. Excuse haste.
o. L. BABcocK.
7. S.-keep memorandum Of all you write
those parties. O.E. b.
HOW AVERY WAS SACRIFICED.
Averys counsel, Judge Krum, was anx-
ious above all to protect the President
and Babcock. After the kilograms of
Joyce to Babcock and the Sylph dispatch
had been put in evidence in his case by
Henderson, Avery was urged by his wife to
insist on the use Of the Joyce and Babeock
letters, but Judge Krum only placed three
Of the unimportant Joyce letters in evi
dence, carefully Withholding along with
the rest the one indorsed by Grant. The
request which Avery had made was COM
municated by Krum to Luckey, and Of
course he was alarmed They reassured
Avery by telling him that he would get
new trial, and then the excitement having
died out somewhat, he would certainly be
acquitted. But from that hour Luckey
and Babcock began to work upon Avery
to induce him to destroy all letters in his
possession. The following letter from
Luckey is specimen Of the communion
tions almost daily addressed to Avery after
his conviction:
EXECUTIVE MANSION, 0, A. NJ, Dec. 8, 1876.
DEAR BILLY: IL have not yet met man
who says there is any earthly show of case
against you. | saw Bradley Tone of Bah.
cocks lawyers) last night Idon't anticipate
any unfavorable results. The ship should
never be given up, no matter what the storm
may be; no one knows what may come up to
set the worst thing straight. Keep no letters
or memorandums, or anything that might
fall into the hands of anybody. Keep moth.
ing about you which in moment Of trepida.
tion had better been destroyed. / am very
earnest about this, and shall never lose my
affection for you. LEVI.
On November 30, 1875, District-Attor-
ney Dyer had informed the Attorney
General that he had Sufficient evidence
to connect Babcock with the conspiracy
to defraud the revenue" and that an in
dictment would be prepared and laid be-
fore the grand jury for action thereon.
Naturally, therefore, Babcock and Luckey
were every earnest" in desiring Avery "to
keep no letters or memorandum that might
fall into the hands Of anybody" because
they knew that he had sufficient evidence
to convict them BOTH and, as he had not
been sentenced, he was still competent
witness. By holding out delusive hopes
to him, Avery was induced to keep quiet,
and with the active interference of the
President and the Attorney General, Bah
cock was in due time acquitted. The ap-
plication for new trial in Avery's case
was refused, and the order for his arrest
came, and he was thrown into the district
Jail to await the arrival of the officers who
were to convey him to the Jefferson City
penitentiary.
All the efforts Of Babcock and Luckey
were now directed to persuade Avery's
wife to destroy whatever papers and letters
her husband had left in her care. They
were at her house night and day, and
brought their wives with them to make
their appeals more irresistible. They prom
ised speedy pardon for her husband and
protection for herself and child and final
ly consented, or feigned to consent, and
neatly-made copies Of several letters were
in the presence of Lucky consigned to the
flames. Assured now that they were at
last safe, these precious scoundrels lost all
interest in Avery and his destitute family,
and the house was about to be sold over
her head when gentleman who had Sc
cured contracts from Boss Shepherd came
to her rescue and lifted the mortgage and
set about forcing pardon for her husband.
All the letters from Joyce, Babcock and
Luckey were placed in his possession, and
with this arsenal Of solid shot to back the
demand, negotiations were opened. At
first there was disposition to turn the
cold shoulder, but an exhibition of ! few
of the documents to Attorney General
Pierrepont brought prompt promise of |
respectful consideration, and soon thereaf-
ter came the further promise of a pardon
after the election.