The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1876-02-11

might nave passed lntO JOyces pockeI,
or else where there is an utter absence of
proof to show that the money was ever
sent for q corrupt purpose. Men cannot
be conjectured into the gallows or.guessed
into the penitentiary. The principal ques-
tion is, does the deposit of this envelope
into the mail box prove that it
was ever receivedf
Judge Dillon-I understand that the
prosecution hald that the deposit of a let
ter into the mail box addressed to the
person raises the presumption that the
letter reached its destination.
Judge Storrs-That is what they claim
but we deny that there is any legal pre-
sumption OF such result.
Judge Dillon-In order to have this
properly put to the jury would ask the
witness "were there two envelopes?'
Witness-Yes, sir.
Judge Dillon-Were they prepaid?
Witness-Yes, sir.
Judge Dilllon-You say you don't
know whether they contained letters or
not2
Wltness-I should say they did, but as
saw only the paper and not the writ
ing, cannot say definitely that they
were letters.
Judge Dillon-Did you drop the en-
velspes in the mail box?
Witness--I did.
Judge Dillon then adjourned the
Court till three p. NJ. and
requested counsel to send the authorities
to his room,
The Question Disposed or
On reassembling the court for the af-
ternoon session, Judge Dillon said:
The court is prepared to dispose of the
question raised in the objection to receive
certain evidence. The Judge then re-
lated the objections as made on the argu-
ment of counsel for defense, and said:
Upon review of the authorities relating to
the subject of the admission OF letters by
ose person and addressed to another by
name at his known postoffice address,
prepaid and actually deposited in the
postottice, we concur, both OF US, in the
CONCLUSION of adopting the language of
Chief Justice Bigely, to wit: This is
evidence tending to show that such letter
reached their destination, and were re-
ceived by persons to whom they were
addressed" The Court then proceeded.
tlis is not conclusive presumption,
and il does not even create legal pre-
SUMPTION that such letters were actually
received. 1t is simply evidence tending,
if credited by the jury, to show the re-
ceipt OF such letters, fact in connection
with other circumstance to be referred
to the jury, under appropriate instruc-
ton, as ITS value depends on the clrcum-
stances of the particular case. 1t
is objected also that the ev-
| idence, even if admissible, rs
tending to prove the receipt OF the
money, should be rejected as lmmaterial
or irrelevant, as having no probable force.
If it was admitted here by the counsel
for the government that this was all the
evidence which they expected to produce
for the purpose of connecting the deten-
dant with the alleged conspiracy; It's con.
elusive character standing alone IN case
|. where the defendants mouth is sealed
would doubtless be such as that the
court would be bound to say TO the jury
that it could not be safely made the basis
of conclusion in incul patlng the de-
iendant. 1t may not have been actually
received. The writer may not have been
known. His purpose may not have been
known, or the person who received 1t
may not have known why 1t WAS sent, or
| NAV not have invited it or have
known that 1t was in any way
connected with the guilty purpose
ascribed to it by the prosecution. or aRy
illegal purpose or plan; and as men act
differently under the same circumstances,
it is for the jury, under proper instrlc-
tions by the court, to look at the letter,
if it was sent and received in connection
with all the other evidence.
Mr.. Everest was then recalled to the
stand. He testified: Col. Joyce handed
me two envelopes and directed me to
put them in the letter box, which
/ did. Jovce watched me from the window
of his office. | was fearing him. l could
see him watching me. | saw the direc-
tlons on the envelopes. One was direct
ed to w. 0 Avery, Washington, ID. e.,
and the other to
Gen. o. T.. BabcOck. Washington. ID. &
Each of them had personal on the left
hand corners. They were ordinary en-
velopes, and had no printed matter on
them or other directions except what l
have stated. They had postage stamps
on them. did not see
.Joyce sny more that day. left the city
June 10th, 1875, and went to New York
CITY and from there to Liverpool. left
Liverpool last Christmas and arrived in
New York on the eth OF January. |
never saw General Babcock before this
trial began.
Cross.examined by Mr.. Storrs-l have
been in this city s,nce January 10th. l
cannot tell the month in which l mailed
the letters. 1t was in either February or
March, 1875, but amt positive
| think it was in the latter part of Feb
ruary or early in March. l got the
money first from the supervisors office;
Colonel Joyce stood in front OF his desk
when he put the money in the envelopes
the envelopes were on the table when
handed him the two $500 bills; then 81
down to his left; was watching him
attentively; he first took the two
envelopes up took the paper
out of one of the envelopes ard
put the bill in; l did not see him put the
otner $500 bill in the other envelope. l
am not positive that he did put it in
whether it was the letter directed Il
Babeock or Avery that that he put the
bin in | can't say; when / went to Liver
pool, had no special business there, ex-
cent IN get ont OF the WAY: | knew | wa:
in the whisky ring and wanted TO keepiou
of trouble. l went to London and Pari
after leaving Liverpool; then went t(
Rome, where received letter from my
brother to return home; he did not tel
me it was safe for me to come, and die
not think it safe. l met Col. Mctal
when l landed in New York, but th'
meeting was accidental. From New
York | went to Philsdelphia where
rat District Attorney Over: he cam,