The Portland daily press., 1876-02-14
BABCOCK'S TRIAL.
No Important TesainnOny-The Defence
Irving 10 Shut Ont the Despatches

Trying 10 Shut Out the Dispatches.
ST. LOUIS, Feb. 12.-Upon the opening of
the Babcock trial this morning, the cross ex-
animation of j. W. Douglass, ex-Commission-
Ell of Internal Revenue, was completed in
few unimportant questions. On the redirect
examination the District Attorney presented an
affidavit purporting to be charges preferred in
1873 by Lindsay Murdoch, collector Of internal
revenue in southeast Missouri The charges
were against John A. Joyce and John Nc
Donald respectively, revenue agent and super
visor. The envelope was endorsed by c.. G.
SnitfeD, the Presidents private secretary, show
ing that it had been received at the Executive
Mansion and referred to the Treasury Depart
ment. Another endorsements sbowed refer
ence to the Commissioner of Internal Reve-
nue. (Douglass.)
The District Attorney said he proposed to
read the affidavit, showing that in 1873 charges
against Joyce and Mcdonald had been sent to
the executive mansion and had gone through
the Departments. The court only allowed wit
ness to testify that the endorsements showed
such charges had been received and filed.
They were not read. Nearly the entire morn
ing session was taken up in trying to trace
| through the telegraph clerks of this city and
Washington, and also by doorkeepers and
messengers of the executive mansion certain
| kilograms not yet admitted to prove they were
received and sent back and forth between joyce
| and Mcdonald here and Gen. Babcock in
| Washington. Finally the defence waived this
| proof as to one despatch and allowed the fol-
lowing admitted to be in Gen. Babcock's hand
| writing, to be read:
| WASHINGTON, D. c., Dec. ID, 1874.
| To Gen. Jno. Mcdonald, st Louis, Mol
succeeded. They will not go. will write
| you. tSigned) SYLPH.
Before this was read Judge Porter announc.
ed that he proposed to make a lengthy argu.
ment against the admission of other kilograms
| and perhaps they might want to include this
'Sylph" despatch: in those objected to- The
| defence wished to reserve that point.
Deputy Commissioner Rogers was recalled
| and testified: L had conversation with Gen.
Babcock in regard to the transfer of revenue
| agents. Babcock said he had heard that
| Douglass was about to issue an order directing
a transfer of agents. told him the order had
regret as it would bring political pressure on
| Douglass, and he would be forced to revoke the
order, and that would work dsastrously to him.
Douglass was at that time spoken of as a cam
ddate for the court of claims There would be
| more or less odium ON him, Gen. Babcock said,
on account of the failure of the enterprise
| when the order was revoked. That interview
/ came about by messenger bringing me either
a note or verbal communication from Babcock.
| l had no previous conversation with him on
| this matter. L did speak to him before about
the judgeshp of the court of claims. There
i was not a word said in the conversation with
Babcock at his house in regard to breaking up
the frauds here. Douglass was not appointed
| judge of the court of claims, for there was no
| vacancy. / do not know that the revoking of
the order changing the supervisors cast such
odium on Douglass that he was not appointed.
| In the conversation with Gen. Babcock l told
him I should report the interview to Douglass
On cross-examinatOn witness said: had
two interviews with Babcock, the first of which
I sought myself. My Interior object was to
promote the interest of Mr.. Douglass in con-
/ peetion with the judgeship of the court of
claims, thinking no doubt might get the posi-
| ton held by him as commissioner. Babcock
expressed great friendship for Douglass. l do
| not know Of any influence brought to bear lex
| cept from rumor) to have the order transferring
the supervisors revoked. 1 made application
| by letter to Mcdonald to secure his assistance.
L had no suspicious of him at that time. The
| revoking of the order by the President would
create an impression that Douglass was re-
bulzed. The leading object of Babcock was
Judge Douglass interest. although he spoke
| of one more interest, viz: Saving the President
| from being annoyed.
| The defence made most determined oppos-
ton to the introduction of the dispatches al
legged to have passed between Joyce, Mcdonald
| and Babcock, insisting not merely on proof of
| authorship and transmission by telegraph, but
| also that they be traced into the hands of the
| persons for whom they were intended. The
defence furnished this proof only in the case of
| the Sylph telegram, The defence also object
| ed to the relevancy of these dispatches. The
| despatch which met the most determined and
persistent Opp0SlClOQ Is the one SoQG from st.
| Louis, Dec. g. 1874, to Gen. Babcock, Wash
| ington. signed "J'' and admitted to be Joyce's
| handwriting, but it was not read and therefore
Its contents are not known outside of the coun-
| sci. This despatch and several others were
traced to doorkeepers of the executive man
| sion, but they could not remember of the de-
| livery of each particular despatch
Judge Dillon smade partial ruling saying
that while the reception of these dispatches by
the doGrkeeper of the executive mansion did
not raise legal presumption of their reception
by Babcock still it was evidence tending to
show that and was proper to be considered by
the jury.
In the afternoon lengthy arguments were
made by the defence againsti the admissibility
of the dispatches and by the government in
support of it, but they were not concluded,
court adjournng till Monday.
The Presidents Deposition.
The deposition of the President in the case of
Babcock was taken today at the executive
mansion. There were present Chief Justice
Waite, Secretary Bristow, Attorney General
| Babcock's counsel, and Mr. Eaton, who repre-
| sented the prosecution. The examination was
| of considerable duration, beginning at II o.
| clock and terminating at O'clock in the after
noon. 1t is said to have been very thorough,
| and was characterized by the straight forward
ness which marks the Presidents utterances.
| The oath was administered by the Chief U.S.
| tice and the examination developed facts that
| Babcock had not influenced or attempted to
| influence the Executive in selecting any official
| involved in the SO called whisky ring; that he
had not interfered in any manner to cause the
suspicion of the celebrated order for the trans
| fer of supervisors, but that its revocation was
| directed by the President himself in order that
| suspension being removed from the minds of
those engaged in the frauds they might the
more readily be detected in their efforts to
| cheat the government out OF the revenue on
| distilled spirits; that the President still has
| implicit confidence in the integrity of Babcock,
| and is satisfied with his explanation of the des-
| patches which have formed so important an
element in this prosecution.
The cross examination elected nothing of
| Importance whatever. Its object seemed to
have been more directed against the President
than Babcock. 1t, however, developed the
| fact that if there had been anything wrong on
the part of that officer. which the President
emphatically stated he did not believe, it was
| entirely without the knowledge of the Execu-
| tive. The President stated that during the
twelve years Babcock had been intimately as
| ISOLATED with him he had not learned anything
| calculated to impair his confidence in his in
tegrity. The testimony as whole is declared
to be strongly in favor of Babcock's honesty.