The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1876-02-16

documentry evidence to distortion. The ones
produced can't be received as evidence because
Mcdonald and the defendent Because men
have been Intimate in years past ana the guilt
OF the other can be proven by any documents
like abbreviated telegrams,
THE KIND OF EvIDENcs
sought 10 be introduced. a man can. be held
responsible for the present condition OF a man
with whom, eight o. ten years ago, he may have
been intimate. The trouble is that the court
and the jury Will fail to put themselves in the
defendant position. 1t is rot enough that
it must be shown that these dispatches were sent
by the defendant TO this corrupt combination
1t must be shown that this defendant knew of
this corruption, before this telegram be-
comes admissible. Gen. Babcock is not
Indicted for giving Information 10 Joyce and
Mcdonald, and 1t Is not unlawful for them 10
ask or for him TO communicate such informa-
t10n. To make such inquiries illegal, the prose-
cution must fist prove tnat Joyce and McDon-
aid asked this of Babcock from corrupt motives
and purposes, that they were corrupt men. that
the defendant was or IL a corrupt man and knew
the corrupt purposes sought by Joyce and Nc
Donald. h. said that after a search OF many
telegraph offices aud efforts made TO procure the
defendants private correspondence four pur-
poseless, so far as this case is concerned, te'e-
grams bad been found. He cited the "Sylph"
dispatch, ano one other and said that ell COM
Oined were no evidence TO show that the de-
fendant had any knowledge Of the frauds at st.
Louis. Referring 10 Joyces dispa' ches. he said
cause they were written, and no
more admissible. Written dec arations
were no more than unsuppo ted declarations
made respecting one who is absent TO third
party, and that was not admissible. Mr.. Storrs
cited number of authorities without reading,
and Ia conclusion said: We think, with refer
ence TO the kilograms addressed to Gen. Bsbcock
by joy II will be found that they had 40 re-
latioD to the subject matter involved in this
trial and, second, that they were unanswered,
and Ii is not shown that they were received by
Gen. PabcOcK. Col. Dyer followed Storrs, con-
tending that there was evidence TO prove
AN IMPORTANT FACT,
which was that information was received from
Washington by the ring here, giving them
know edge Of the contemplated visits OF reve.
nue. agents. These dispatches of Babcock taken
in their proper connection, tend TO show this,
and that he furnished this information, or some
oft. This evidence should go to thejury, and its
weight be decided by tn I'm. Col Broadhead fhen
auth )rttles TO show that these dispatches were
not only relevant but com petent. They were
evidently connected with the conspiracy and
taken in connection with the circumstances
they Were s part of that conspiracy. He con-
tended that they entirely competeut
aud should be admitted and the Jury
should be allowed, under the proper
give them such consideration they thought
they were worthy o., Judge Potter then began
MS argument, taking much the same ground as
Mr.. Storrs, claiming that in regard TO some of
they were ever received by Gen. BabcocS, and
respecting the Others purporling to have been
written 10y him, that there was no evidence that
he ever saw or knew anything about them. be
court adjourned, and the argument will be con-
tinued Monday.