The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1876-02-18
Full Text Of the Presidents
Deposition.
Matters that Were Not Known to
the Executive.
THE HOGE DOCUMENTS.
Exclusion Of Dispatches Offered by the
Prosecution.


had been anticipated. They another legal vic
tory for the Court finally determined to exclude two
| OF the three dispatches which they had still held
| under advsement One OF these is from Babcock to
Joyce saying
| "Cannot hear that any gone or is going"
1t was excluded because the government did not pro-
duce the original which stolen from the Washing
ton Office of the Atlantic and Pacific Telegraph. The
other the "Grit' despatch from Joyce to Babcock:
sTel Nc. (meaning McDonald) to party Of Col
orado and telegram to Commissioner. Crush out St.
Louis enemies"
1t excluded because Babcock did not answer this
despatch and did appear that he knew the
meaning the signature "Grit." storrs and Babcock
we're quite buoyant this victory, and the latter
looked good humored all day. Mr.. Storrs read again
the amusing letters from Joyce to Babcock and from
Babcock to Joyce show that their correspondence
was altogether of intimate character such would
explain the tenor of the dispatches Joyce, when
counting the trumphs Of his editorial "muse,"
says:-sThis is the way and Mcdonald
win friends for the administration" In an
Sumner and Schurz are for the first time shown
in their true light How do you like the ring Of the
articlefn Joyce asks another letter whether Powell
Clayton will work with Grant If he gets half chance
Babcock replies 81 am you and Mcdonald doing
all you can for the good of the country" think
Clayton will have no trouble. You know how we all
stand on that subject" 'Yours with remarks on Gree
ley at hand Very good Your article is fine and tell
ing Many OF friends think the Baltimore Conven
ton will end in II you can go to the Philade
phia Convention it will be buster and many thanks
for the editorial on Grant and wilson" The last
tract elected much giggling. There was
good deal of raillery on the object of
Joyce's mode of expression, testified to by Dunn,
the Post ONCE clerk. Storrs asked, 'sWas not Joyce
ford expression and exuberant in fancyY" To which
| the witness replied 81 think Colonel Dyer will admit
that" That wouldn't strengthen it," storrs returned
dryy; estate the fact. And the sober Dillon smiled
at this sally. Dyer to burlesque the direct examination
as to Joyces poetic expressions by which tho defence
sought explain the peculiar phraseoogy OF the tee
grams asked who his iavorite poet to which the
witness replied, encore /" amidst general litter He
| then inquired, "Do you know whether he liked
flowers and birds 90 This a sly alluson to the
testimony Of Rogers that Babcock wanted to find
out whether anybody was going West under the pre-
tencc that he wished to send a prd-a "thrush"-with
him.
When Everests testimony sought to be contra
dcted by testimony Of postmen that il usual
drop valuable letters into the letter boxes Dyer asked
seriously, 'Theres nothing in the constitution or the
laws TO prevent It, ifa man wants to- is there ~ which
| again elected laughter.
prac dono road nv Mr. he
being the most impressive looking Of Babcocks
| counsel, and In very solemn, measured tone,
though every word gem OF the purest ray
Mr. Gill; who testified TO having returned to Joyce
the Everest letters became very confused the
examination and involved himself in many con.radc-
| tions
A REMARKABLE PACT
is that OF Babcocks detectives W. s. Bell is the
same who, the prosecution allege stole the evil
dence the Avery from the Office Of the District
Attorney and that the defendant is asserted wanted
him to find out whether Dyer had any kilograms
Joyce in his (Babcocks) handwriting signed Bulhnch
| and B. Finch, as he did not remember whether they
| we're letters kilograms which he had SO signed
| From the fact that the prosecution has such tele
grams they must have been letters Sherman may
also be put upon the stand in rebuta TO show how the
Hoge letters obtained Under February OF 10
the Attorney General wrote to Dyer enclosing letters
| from Roger Sherman and United States District At
| torney Bliss, OF New York, and saying
Il appears from these letters that there Is the most
urgent necessity that the testimony of John w. Bing
ham should be had order the conviction OF certain
guilty men in New York. and incidentally the recov-
cry of large OF money the United States. In
huenced by this consideration, hereby instruct you
20 refrain from moving for sentence against Bingham
in the United States Court ST. Louis until further
orders from the department, unless you a
| sity Tor a different course
MR.. sHERmAS's CONDUCT IN ST. LOUIS
The following is Dyer's answer, under OF Feb
ruary H.
SIR in recent OF your letter OF the 10th inst
covering letter OF Roger N. Sherman TO you. dated
February G, 1876, in which he says that "colonel
Dyer the District Attorney here has not responded
except formally 10 the direction 70 render
contained in letter from you, OF which
he bearer He does not manifest the slightest interest
the interests OF the government beyond the pending
whiskey trials here and accordingly apprehensive
lest he should move sentence on Mr. Bingham's plea
OF guilty here" In regard the matter sentence
OF Mr. Bingham under his plea OF guilty here have
only say that the Court announced more than once
hat would not pass sentences untathe cases here
were tried otherwise disposed Of and IL s not in
my power therefore, to have the Court sentence Bling
ham II disposed 10 ia matter about which
| Mr. Sherman never spoke word 10 me- When Mr.
sherman came here was and sti am quite busy and
directed Mr. Peddrck to give him all the assistance
his power. This he has done giving to the latter
| his whole time nearly so. I have received from
various trusiy information touching the con-
duct OF Mr. sherman since his arrival here that has
led me TO believe that he interes ted In the
pending whiskcy trials than he has been In the bust
ness for which no sent and that on the side Of
| the prosecution either care nothing for this no
more than for him. nor do suffer the twaddle
+, Of such fellows to annoy detailed one OF my
! assistants aid hin. but have not had n