The sun. [volume] (New York [N.Y.]) 1833-1916, 1876-02-09
THE GREAT WHISKEY TRIAL
President GRINT'S PRTVITE SEC
RETdRY 1RRiIGNED..
The Jury sworn In-District Attorney Dysr's
Opening Address-Wh hat the Governmcnt
LxpecLs to rroxe Aaninsi Den. Dn nbcock.

with. The Jurors were examined very briefly
by tho prosecution. The defence made no ex-
animation whatever Of most Of the jurors hrt
three or four were put through a rigid inquiry
James Milton Of Milton, Marion county, was
excused for cause. lie admitted that the ind
ing OF an Indictment against party left bad
impression on his mind which would probably
require proof to remove. Both sides exhausted
all OF their perem mptory challenges, three each,
and the Jury was finally sworn In at n quarter
to IL O'Clock, and was composed as follows: II.
N. Blackwood Of Lewis county. Matt Woodruff
OF Clarke county, W. u. Wilson and Ezra John
son Of Lewis county, u. +. Snyder OF Knox
county, J. NJ. Keatley Of st. Charles county, Ed
ward u. +. May Of Franklin county, w. Blakeley
OF Adair county, ID. W. Taintor Of Gasconade
county, w. 8. Jewett Of Jefferson county, W. T.
Jackson Of Marion county, and Harvey Lessons
OF Lewis county.
The District Attorney announced that no
moro whiskey cases would come before the
court at this special term, and all the Jurors out
Side OF this trial panel were DISCHARGED. The
District Attorney then addressed the Jury. lie
repeated the history Of tho conspiracy which
was organized here In 1871, and said that IL in
VOWED all distillers and rectiters and Govern
Ina Iment oIcers and employees hero, and bad Its
several dispatches alleged TO have passed be.
tween joyce, Mcdonald, Avery. and Babcock. 70
IN the conspiracy and cOrrcsponded with tho
conspirators. The dispatches between ] Joyce and
stantins Maguire as Collector Of Internal Reyenus
after the death OF Charles w. Ford, were cited.
snd sTo SI sb, pysr sad tass SOad ss proved that
formation to the Ring here. Tne Departments
was thwarted 10 all efforts to get an investiga-
tion that would reveal tho frauds, for the reason
that all revenue agents sent here to examine af-
fairs were either bought upon their arrvsl, or
advtces had been received hers OF their contem-
"a yiV 70
work 'S- '"'
Col Dyer claimed that It would be clearly
shown that Babcock not only had fun knowl-
edge Of tho existence Of the frauds which were
IN their work and received money directly fIom
Joyce, who mailed II to him. Babcock and
Avery were the,two men at Washington who
lnent OF Gen. John Mcdonald, Babcock, IL
would be proved, was In secret correspondence
with him. The evidence, Col. Dyer said, would,
In measure, be clrcuin stancial. but there
would not he a link ml,sing IN the chain.
stand for the prosecution After testifyne to
his position In the revenue service, Sc, he was
asked by District Attorney d er, who conducted
thc eNgmin7uOn, 70 state what he knew about
T.. q. Megrue, his operations here 10 1871, &C.
Judge krlm OF the counsel for the defence OBJ
ment would DO only OF hesrsy chaTao-
s en- ee unt sg S 1 s 'nss nesds ss GG ,S.
consnrins to asfraud the ''Vsop: GSp.rnmeni m,sa
out OF tax OF seventy cents per gallon on cer-
into eject Until June, iss2. We tHerofore he % 0 boS
that no such conspiracy existed or could exist.
There may have been a conspiracy to defTaud
the Government out Of ATTY cents per gallon
that being the tax then imposed-but this Ia not
laid out In the Indictment, and We claim that IL
Is the correct rule OF law that conspiracy must
be proved under tho rule as laid out in the In
dictmont. II is entirely incompetent to show
tho existence Of a conspiracy to defraud tho
Government generally when the Indictment
charges conspiracy to defraud 1t Of a particu-
Col. Iroadhead said It was not necessary TO
snow by witness what the tax wss. IL was
delrauded; The prosecution arc only compelled
20 show that conspiracy was formed, It's OBJ
gscts, Sc that the conspiracy continued after
the change In the tax was made and that the
defendant was one Of the cpnspirators.
Judges Dillon and Treat Consulted together a
few minutes after which Judge Dillon said
he would not positively determine now whether
the pleader has confined himself TO the particu-
lar and specific tax Of seventy cents per gallon,
as that tax was not imposed until lsia. Il may
be that the prosecution csnnot show what
transpired prlor, to that time; but n what
acts, It does not follow thai Il is
incompetent to show what the frame, structure,
little time to decide these questions that our
ruling may be irregular, Aud therefore we will
admission hereafter. The witness may answer
the question, II being understood that the
ruling Of the Court on Its competency will be
The witness then began to sneak about Mr..
Meerue, when the defence objected, and he WAS
Dir. Thompson, distIller was then called to
the stand. lie gave history Of his connection
whskey @ ali ~ WbIeb n1w Sa. ne n aes crooked
msrous times before.
Babcock appeared in court to-day in the same
brother, and occupied about the same place
among counsel and friends ~ on yesterday.
StoTrs Porter, and Krum attended to the work
while Williams stll brooding az Babeocks
right hand Razed about foxily, seldom consult
ed Or consulting. The Jury as chosen consists
ice, about the average Of their class in inteIll-
gence, however and seemingly an honest and
friends Of danger Of an unfair trial from preju-
diced rebel element is put at rest by the fact
that at least seven Of the Jurors are poiitlcslIy
Republican. About halftho number were horn
in the East. Storrs expressed himself satisfied
MN IN the ne Gpening speech by Dlstrlet Attorney
their bands, and the result was sensation
Dyer said In snbst nee that the prosecution
tue SUPPORT OF tho Ring at Washington, but
that lie received money directly from st.
Louis. other telegIams than those already
the chain OF evidence aud proving Bah ,ock's
gunt. II Will be shown that Iiabcock did write
The letter mentioned In the famous Sllph de.
spatch, ana that IL was received In ST. Louis, as |
also that liabcocS telegraphed TO Joyce, See
that Ford's bondsmen recommend you for the
Collectorhp." This was 10 insure the continu- |
alton OF the Ring Babcock arranged TO cor
respond with Mcdonald also Through an limo
this source. Money was sent by the Ring TO
liaOcock through the malls, that no trace Of ex-
press receipts or money orders or checks might |
leave trail. The prosecution have the proof
however, concerning thes letters,
such was the glst OF the opening by the prose-
oution, and II Is asserted by those IN their |
secrets 10 have been surprise to the defence
The letters mentioned are those concerning
which 90 much has been rumored within the |
last two days. These are said to be now actu-
ally In possession OF the prosecution. II so,
Iabcock's chances OF escape are reduced to a |
minimum,
About the Llndell tonight the atmssphero |
u ID assumed gloOmieT cnst. 1t il believed that
the innocent party through whose hands Bah
cocks letters TO Mcdonald were transmitted |
will be put upon the stand.
The only witness called to-day was Joseph NJ, |
FitZroy, late deputy collector. He was called |
simply to prove the conspiracy In general way. |
one OF the hitherto unexpected results Of the |
Babcock trial Will be, II now appears. 10 practi-
caly reconvict Avery and TO make his applioa-
tion for a new trial tarcica one OF the Dab- |
cock counsel gave In private conversation to-
day an outline Of the plans OF the defence. lie |
said that hight would be made on atechniCaitY,
that documentary evidence should not be ad- |
mltted until the defendants relation with tho |
conspirer has been proven, though upon what |
rule OF evidence he did not satisfactorily eI- |
plain. lie also asserted that GTant would not |
appear as witness.
More Indictments In New Orleans.
NEW ORLEANS, Feb. 8.-Col w. j. Behan |
and John Thorn, OF the firm OF Behan. Thorn |
& Co., and John Henderson have been indicted