New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1876-02-10
GEN. BABCOCK'S TRIAL.
PROVING THE CONSPIRACY.

ST. Louis. Feb ON the BabcOck trial yester-
day, the prosecution having devoted themselves
chiefly to formal proof of the existence Oh con
spracy to defraud the revenue, to-day direc'ec 'N
efforts toward showing the general connection VI
the defendant with the Ring. The hrs' s'ep vac
taken bv a question Of the District-AttorheS " '
witness Fitzroy, who was collector al one ''"0 "
the st. Louis fund. When the question was
rntlv asked. do you know the defend
ont R,bcock ~ percepube increase OF
interest was manifested throughout the court
roou The witness responded with quite
doliheratiou. 81 DO" "By whom were you IN
troJuced TO hm?" asked the counsel. BY Mr..
Avery. at the Iindell Hotel, in September, 1870
waa the reply. Defendants counsel asked the
witness if the meeting had not been merely casual,
and also if the witness had not been introduced to
persons before during his life TO both OF when III
terrogatories affirmative answers were returned.
There is little doubt but that the decision OF the
counsel for the defense not to have the President
come to St. Louis is the wisest course that coud ne
pursued in regard to that matter. Such an occur
renee would be interpreted as an attempt 10 oVeia"c
nnblc sentiment, the court and the jury and would
have an i'll effect on the defendants cause. In re-
gard to the questions to be forwarded to Washing
ton for the President respond to- II is ascertaned
that majority of those proposed by Gen. Babcock's
counsel were framed to elicit the declaration that
the defendant was in way instrumental in induc-
ing the President to direct the cancellation OF the
order whereby general transfer of supervisors was
to be made The remainder relates either to unim-
pOrtant or irrelevant matters. Mr. Dyer had no
objection to urge any OF these nut TIC
did object to being himself confined 70 such narrow
limits He desired to question the President on
Other matters, which he thought might possibly
throw considerable light on the subject. and which,
although the Defendants counsel might not De Will
ing to agree to them, would properly form part OF
the examination. Thus while not at all DIS
posed to inconvenience the President, or place OBJ
stacles in the way of the defense, he was unwilling
that courtesy should stand in the way of a proper
conduct Of the prosecution. He made no objection
or the present to any of the interfogatores OF inc
defense but proceeded to map ont the cross-exami-
nation he desired to make. The right If reserved to
both parties object to any portion Of the deposit
| ton when il is finally offered i'll evidence, aud 10
ask the Court to exclude all irrelevant and improper
| matter.
Supervisor Tuition of Philadelphia arrived this
| evening He will he remembered the author of
| letter to the President in which he assumed the
! responsibility of having sought TO induce the
| President TO prevent the transfer OF Supervisors
| Tuition will be witness for the defense. TX
| ,ttornev- General Williams sits constantly at Gen.
has as vet taken no part in the official proceedings
The trial viii probably last from ten to twelve days
vet il will require week at least 10 secure President
/ Grants deposition. after which there VIII come
| couple of days of argument
! RITZ .oYs INTRODUCTION TO GEN. BABCock-IHE
INTERaOGATORIEs TO THE PRESIDENT II BIZ
! AGREED Uro> IL JOINT CON ERENCE-ADJor RN-
MENT FOR THE BENEFIT OF COUNSEL
ST. LOUIS, Feb. 9.-Acting under the adj
wee OF the court, Just before Adjournment ast
| night the Government counsel In the Bsbcock TRIAL
to-day passed the conspiracy In 1871 ana le'Z ana
produced testimony show the existence aud operations
Of the Whisky Ring 1873 to 1875. No direct evi
dence brought out against Gen BabcocK INC teSu-
rnony being general III character, tending 10 sho" VINO
we're in the conspiracy, and the extent Joseph NJ f
oy was put on the stand the opening of the morning
session, and kept there an hour and ha ftzIoS WI.
Deputy Collector of Internal Revenue, and after the de-
parture Of Megrue November 1879 became the active
business man Of the ring. The examination proceeded
with only occasional technical objections from the de
Tense and very little Of the testimony was ruled out
When asked If he knew the def ndant, fitzroy said
Imet Gen Babcock once last September II 81 the
IinIo Hotel In TIA city; vii am .. Avery introduced
me him the President was at tle hotel II was on me
nccasion of visit to by the President and Gen
BabcOck; had not Gen. BabcOck before that thc
| / was then under Indictment Tor completely IN thtse
Taud-; this meeting simply an introduction; tI'rc
was no conyeeaton was standing near the elevator;
| Gen. Babcock came up, and Avery introduced Us
L.
wac pm, Oh the stand His testimony related wholly to
the operatons Of the dscry OF which he was foreman
| and manager; the manner IN which fraudu at whisky
was made and disposed Of the amounts Of money paid
TO revenue officers, &c.
Ru'oph W. Ulici testified that his foreman bad given
good account Of their operations, and added some ties
imony about raising money to buy of revenue agents
| who came here and found Irregularities. There war
nothing in either Ucs SeidcntOfs evidence that has
NOT been published several times ard 1t was repeated
mainly show the existence OF conspiracy This can
also be said OF Fitzroy's testimony.
Just previous to the adjournment OF the morning Sos
son Mr. storrs stated that the defense had intended to
nave the personal attendance ~ President Grant as
witness but ~ the case now stood hc Thought this would
not be necessary, particularly the e1lgcncies 81 public
affairs require his attendance at Washington. lie then
proposed counsel for the prosecution that they should
meet with counsel for the defense and agree upon qurs
,ons and cossuesons To be put to the President and
tbat tle examination should he made before inc thef
| Justice OF the Supreme Court.
Mr. Collier said he had no particular objections 10 such
an arrangement II should appear after examining the
| heterogeneous OF the defense, that the Government
could be well served in this way as by the personal
| presence OF the President.
Mr. sors stated they had their questions written out
and asked the Court to proioug he noon session until
D. M give counsel for the Government time 10 pre-
pare their questions This the Court agreed TO- aud
| adjourned 10 y. IN.
| On the reassembling Of the court DstrictAttorney
Dyer stated counsel for the Government had met
counsel for defense regarding the questions 10 lie
nt on 10 WashngtOn but they had not had time to
pare their cOunteruterrogaOrcs. lie therefore askod
the court 10 adjourn until tomorrow morning to afford
both sides opportunity properly to arrange their
questions aud crOsz-questions and that counsel may
rave tonight Washington and arrive th're In time
- have the deposition taken Saturday Judge Porter
joined Ia tby request for adjournment.
Judge Dillon stated that the court recognized the force
Of The sgse.on Of c9un. az 10 The erpodcncy Of me