The New Orleans bulletin. [volume] (New Orleans [La.]) 1874-1876, 1876-02-26
THE ACQUIrrAL OF BABCoCK.

The telegraph Friday morning informs us
turned q verdict Of acquittal We are favored
with the additional information that the re-
habilitated Secretary, touched by this mani
festation of sympathy, rendered his legally
purified hand to each member of the jury in
| turn, and warmly thanked them all for the
verdict. Gratitude in such q case is not sur
prising. Babcock would be more or less than
man if he did not feel grateful to the twelve
fellow-citizens who exercised that unpleasant
vision of Joyce and Med onald in their striped
clothes. which must have disturbed his slum-
bers and filled his days with anguish.
Whether or not the jurymen were thrilled
with joy at the contact of hand which had so
often elapsed that of the President, we may
only conjecture; but we may be reasonably
sure, that some Of them at least, felt honored
by the distinction, and fattered themselves
that they were thus placed en- rapport with the
White House.
However this may be, we must be just to
the jury. Their verdict was not unexpected.
It was not fagrantly violative of the legiti-
mate legal deductions to be drawn from the
testimony. In effect it may be considered
equivalent to q Scotch verdict of "Not
proven" It is hard to see how any different re-
suit could have been arrived at after the OBJ
stacles thrown in the way Of the prosecution
by the government at Washington. The
crime Of conspiracy is difficult. to prove.
Usually it can be established only by the
testimony of co-conspirators. It was on such
testimony that the convictions of Avery, Nc
Donald, Joyce and Mckee were obtained. 1t
was on such testimony that the conviction of
Babcock was anticipated.
But no sooner did the law lay its hands
upon the Presidents Secretary; no sooner did
it approach the portals Of the White House.
than the Attorney General issued a letter of
warning to all who might be hereafter dis
posed to confess and to testify, that the usual
customs Of the law would not be maintained
in their favor, and that no immunity or even
mitigation Of punishment would be accorded
to them.
It is known that this letter was written
under the peremptory order OF the President,
and it is impossible to suppose that the Presi-
dent did not intend that it should operate to
the advantage of his friend. In the face of
that order it was impracticable to procure the
testimony necessary to complete the evidence
against Babcock. Whatever moral conviction
may exist that he was connected with the
whisky ring, the legal proof does not seem
to have been sufficiently strong to warrant the
jury in returning verdict of guilty"
Nevertheless, in spite Of his acquittal, the
moral conviction does exist, and will continue
to exist, tina. Babcock was in partnership with |
Joyce and Med onald in the proceeds of the
= crooked whisky" traffic. His defense was
not the defense of console usly innocent !
man. Instead Of acting according to the /
spirit of his declaration that all the suspi- |
cious kilograms would be explained to his en-.
tire exculpation. the principal business OF
his lawyers SCENE 10 be TO keep them away
rom the jury. Not to explain them, but to
suppress them was their persistent effort.
Such defense as that nigh suffice to ex-
,lude the evidence necessary to convict, and
nus assure an acauittal before jury, but it
'Ather tends to aconv!ction than to an acquit.
al before the forum Of public opinion.
And thus Babcock escapes the penitentiary