The New York herald., 1876-02-10
BABCOCK'S ORDEAL
The Old Narrative Of Con-
spiracy Reiterated.
THE PRESIDENT NOT TO BE PRESENT.
His Deposition To Be Taken in Washington
Before the Chief Justice.

only development of decided importance was the
nouncement Of the defence that they had decided
not TO call the President, but to have his deposition
taken in Washington This created genuine
ton, the President had been confidently expected To
take the witness stand The true reason which in
duced the defence this change OF base Ia that the
press and the public had commented unfavorably upon
General Grants coming here testify in behalf OF
Babcock and had construed 1t as having
purposcly designed 10 affect the result by the
magnetism of the Executive presence storrs. who
manages this part of the case left it undetermined
which the defence intended pursue then
cautiously threw out the certainty of Grants coming
here In person a fceler TO public opinion Storrs
is very quick ghted, shrewd lawyer and seeing
that Grant would only hurt his client
than he could help him by bis presence and the ap
pearance of Executive Interference he at ready
change his plan of attack must say here that this
will be very cautiously and skilfulIy handled by
the defence, which far transcends the prosecution
ability. Every iota in Babcock's favor will be made
the OF and IL it is at all possible acquit
will be acquitted.
The weather to-day was so oppressvey warm as to
necessitate the opening of the windows that the
clatter Of the passing horses vehicles often rem
dered the witnesses and lawyers inaudible. Judge
Dillon rocked himself all day in his rocking chair with
as much assiduity though he had baby in his arms
DEcoRoUs WITNESS
Fitzroy, the first witness, is well built, dapper little
man of very neat and buttoned-up appearance with
trim little mustacho nose of aquine sharpness and
eyes Of great syness. His glossy hair is carefully
parted in the middle, aud he gives his testimony a
demure and highly modest manner, generally Keep
ing his eyes fixed the floor and his hands decorousy
folded across bis lap though desrous OF impressing
everybody with his thorough gentlty. The jury tried
4
only whom Fitzroy asked If he knew Babcock
that they craned their necks forward to listen the
spicy disclosures to come, but which did not come
after all siedentopr the second witness, long,
tall funereal looking Teuton with pale hollow face
and an enormous dark beard while Ulric is a fine
looking German OF about sixty; man apparently OF
superior education and refinement Babcock has out
grown his Grst nervousness, although bis face still
looks worn and his fingers often rembe while he is
caressng his fiery imperaL He does not chew the cud
Of sweet ancies, but the tag ends of his mustache
vale listening to .be proceedings
Acting under ths advice OF the Court given Just be-
fore adjournment last night, the government counsel
passed the conspiracy In 1871 and 1872 and pro-
duced testimony show the existence and operations
of the whskey Ring from 1873 1875 No drect evi-
dence was brought out against General Babcock the
Oe1nR gencral
who were in the conspiracy and the extent
Joseph NJ Ftzroy was put on the stand at the open
ing OF the morning session andkept there hour and
half Fitzroy Deputy Collector OF internal reve-
nue. and after the departure Of Conduce Megrue in
November 1872 the active business man of the
Ring.
The examination proceeded with only occasional
technical objections from the Defence very little OF
the testimony ruled out.
Fitzroy was asked II he knew the defendant, and
said-I met General Babcock oIce last September;
Il was at the Lndel Hotel in this city; William O.
Avery introduced to him; the President the
hotel; the occasion OF visit to this city by
the President and General Babcock; had not seen
General Babcock before that time then under in
dctment for completely in these frauds On the cross
examination Fitzroy said of this meeting with Bah
cock-It was simply Introduction; there no
conversations; standing near the elevator; Gen
eral Babcock up and Avery introduced
After Ftzroy's examination John F, Sedenton the
foreman at Ulrci's distillery put the stand
His testimony related wholly to the operations of the
d.stilery Of which he foreman and manager the
manner in which 'crooKed'' whiskey was made and
disposed Of the amounts Of money paid 70 revenue
officers &c
Mr. Rudolph W. Ulrci then took the stand He said
his foreman had gvon good account Of their opera
TO buy or revenue agents who came here and found
Irregularities
There was nothing in either Ulrci's SeidentoGs
evidence that has been published several times
and II was repeated mainly show the existence OF
conspiracy This also be said Of Ftzroys testimony
TIN PRESIDENT Examined AT WASHINGTON
Just previous to the Adjournment OF the morning
session Mr. Storrs stated the defence had intended
have the personal attendance OF President Grant a
Witness but as the case now stood he thought this
would be necessary particularly as the exgences
of public affairs require his attendance at Washington
He then proposed TO counsel for the prosecution that
they should meet with counsel for the defence and
agree upon questions and questions he put
the President and that the examination should be
made before the Chief Justice OF the Supreme Court
Mr. Collier said be had particular objections to
such an arrangement n should appear after examin
ment could be well served In this way by the
personal presence OF the President,
Mr. Storrs stated they had their questions written
out, and asked the Court TO prolong It's
until three P. N. TO give counsel for the government
/ time TO prepare their cross questions
This the Court agreed TO, and adjourned TO three
PM
Dyer stated that counsel for the government had met
counsel for the defence regarding the questions TO be
sent TO Washington but they had not had time to
prepare their counter interrogaores. He therefore
asked the Court 10 adjourn until tomorro morning
TO afford both sides opportunity 10 properly
their questions and questions, and that counsel
may tonight for Washington and arrive there
time TO have the deposition taken Saturday
Judge Porter Joined in this request for adjournment
Judge Dillon stated the Court recognized the force Of
the suggestion Of counsel the expedency OF tho
President abseating himself from Washington at this
time and the proposed arrangement would probably
time the Court was ordered adjourned until TO-
morrow morning
To morrow the testimony or the disers TO establish
the conspiracy will be continued and the pth Of the
case-namely, Babcocks participation In twill prob
ably not be entered into till Friday morning. The trial
can scarcely be finished before Saturday week
THE INTERRoGAToRIEs TO BE ADDRESSED THE
pprsrnrST YonwARnEn To wAsurNaTor-
THEIR PURPoRT.
ST. LOUIS, Feb Q, 1876
The nterrogatories TO be put by each side to the
President forwarded this evening to Washington.
with the understanding that the examination shall
not ani.hod on