The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1876-02-16
HIS CONGRESSIONAL ADVISERS.
The Private Secretary'S Interest in
Maguire's Confirmation.
Strenuous Efforts Of the Defence to
Exclude Evidence
THE PROSECUTION RESTS

yesterday. On examination the President was
asked, regarding the protests against hcDonad's APP
pontment, whether he did not know that those pro-
tests were based on McDonad's unhtness. The Pres-
dent replied, ~ that he not an educated
man, but he was a man who had great deal Of
the world and OF people / would not call
him ignorant exactly; he Ilhterate" A
funny point after, where the President
IL asked whether he saw the correspondence
between Babcock and Joyce, and replies that the only
from Joyce Babcock he saw we're those con-
tanning editorials which Joyce had written for West
ern newspapers This shows that Babcock, II he did
not share in Joyces criminalty, did share IN the
lights Of Joyce's muse significant, though some
what mysterious passage occurs where the President
when asked as TO cipher kilograms that passed be-
tween Luckey and Babcock says:-"We have an Ex-
ecutye Mansion cipher, so that when myself and sec
retaes are separated dispatches can be sent without
being read by operators"
O Have you any objection to stating the meaning in
that cipher-of two words ony-of the words "Ham-
let" and 'sBondogeH" A. / keep the cipher aud
never write a cipher despatch; l never travel with
out having secretary with me-
O You do not know what those words mcanH A.
do not know.
MAGuIRE's CONFIRMATION.
The following Is also Important
O On OF about December s, 1875 did Babcock show
you despatch from Joyce to himself in these words,
'Is there any hitch in sending Magures name TO the
Senate" signed Joyce9 A. l cannot remember par
ticulary; think, however that General Babcock did
ask OF me II there any why Maguires
should not be SENT l have an indistinct recol-
lection Of his asking me that
THE PRESIDENTS ADVISERS
spicy and suggestive answer is that-in reply to
the question he could name the Senators and Repre-
sentativos who brought the pressure upon him caus
Ing hum to suspend the Douglass order The President
replied alter evasive answers OF general char
acter, that "he could two or three, but he
thought it was necessary" The question was not
pressed any further.
Mr. Storrs told this morning that the deposit
lion would certainly not be read before Friday.
Upon a careful perusal Of the deposition than
I had time to make yesterday find that the Presi-
DENTS remarkable failure TO recollcct anything what
soever OF the satisfactory" explanation OF the tee
grams given him by Babcock was not brought out on
cross examination, but by Babcock's counsel himself
the redirect
PROSECUTION RESTS.
Shortly after halipast three O'Clock the prosecution
rested their case The day marked by signal
victory for the defence for Barton allowed by
the Court that Joyce had told him the $4,000
raised in April 1875, 60 to Babcock. The jury
must inferred plainly however, for the defence
emphatically objected TO the answer the ground
that II meant to implicate the defendant The
victory put ltto Storrs into excellent humor and
Babcock too looked again quite confident and com
pacent To day the proceedings relieved by many
uray CLEANS OF fun. Alfred Bevis the FIRST witness,
large portly man, with Jewish face, asked by
Dyer where Joyce lie about TO answer
when Krum blurted out, "Hold on Speak OF your
own knowledge Bevis smiled aud said placidy no
MD know where joyce was now, TO the great
amusement OF the audience Some OF storrs' jocund
queries created open laughter. Brooks who was the
looking man, whose snowy hair contrasts strikngly
with bis ruddy, fresh face, and whose eyes have
shrewdly good-nature twinkle There was Utter
when Brooks on his cross examination by
of character since he had been grossly de-
ceved by Hoge The drit OF his cross-oxamlnation
by storr seemed to be that Hoge gave the information
of an intended raid 10 the New orleans ring, and II
was evidently designed TO be offered logical infer
that Hoge could just as well have been
INFORMANT OF THK ST LOUIS RING"
~ Babcoek. While drifting much about Hoge
storrs forgot himself and said, when was IT, Mr.
Hogef" when Brooks blushingy interrupted HIM with
Brooks sir, amidst general harity Colonel Dyer
performed graceful little act OF courtesy, when at the
close he himself requested the Court TO adjourn earlier
Than usual 70 give to attorney General Williams
more time 70 prepare bis opening address
TESTIMONY INFECTED PROM WASHINGTON
Upon the opening OF the Court the counsel for the
government notified the Court thai further testimony
would reach here from Washington to morrow respect
ing the despatch OF Joyce Babcock December and
the from Babcock to Joyce December 1874 which
have not yet been admitted The Court also gave
notice counsel that they would not pass on the adj
mesibtity Of the Avery kilograms until the defence
had opportunity 20 present evidence that Avery's
name known 10 the Grand Jury and was not in
cluaed in the indictment naming the conspiraors
objection to the Avery kilograms hat shown that
Avery in the conspiracy, was oyerruled, as tho
lelegrams themselves tended TO show that
s.cRooKKD'i DIsrII1Iro "ALL RIGHT "
ana ,ba. sycs showed him the sypR
despatch from Babcock in December 1874 and that his
understanding from ii was that the revenue agents
we're not coming and the strength Of the informa
hon preparations made 10 run crooked when
Joyce showed the witness this despatch be told him
everything was all right ana TO go ahead witness
continued Joyce showed me a letter At hts Office
about three four days after saw tho despatch;
asked him for H. and he gave II to me; wanted to
Eatsfy my partner that all right, got IL in tho
morning and returned II In the afternoon.
The defence objected 70 witness stating what was
In the letter or how IL was addressed or even the
postmark
aenco and secondary evidence could not be admitted
ust II could DO proved that the letter could not DO
Mr. Bevis was asked the effect Of tho letter upon him
The defence objected, but was ovcrrued
Witness said:-The letter satisfied me that u was all
right and would not be disturbed IN making Illicit
Whiskey.
HoGE's SERVICES RING.
r. r. Frazer, business partner Of the previous wit
ness was called and stated that Mr. Bevis showed him
the letter mentioned IN his tBevisD testimony IN De-
cember 1874 and that the effect Of u their house
recommended making Illicit whiskey. On the cross
examination Of this witness he stated he was pretty
veil acauanted with Hoge, the revenue agent TO
whom the ring money had been paid, but could not
lel lust when nc began TO serve the ring" nor how
he was seduced into is service received
Gus letters kilograms from Hogc some OF the let
iers signed BABY recohected going 70 Gin
nnnati 70 meet him on one occasion IN response
70 = telegram; Hoge kept the Ring pretty well advised
Of she movements OF revenue agents and was generally
considered working conscientously IN the cause IN
which he had been retained Witness was then shown
eleven letters the wiring OF which he Identified as
that Hogs but he saw or heard OF the letters
before
A CONVERSATION WITH JOYCE
IS N. Barton, agent manager OF Bingham Brothers'
tisuery here, then took the stand and testified TO
having contributed April 1875, 81 500 10 fund or
toWo, which was 20 so 70 Joyce. nc had converse
uo1 With joyce regarding the purpose 70 which that
money put
M Storrs-Now, u II Is proposed TO convict the de-
fcndant by this conversation. object
Colonel Dyer-Well, sir, We propose TO do so.
MT Storrs-Then object
Judge DilOn-Do you seek 20 show By this evidence
1cclarafions of Joyce connection with this ransac-
tiou 20 impicatc the dofendantf
Colonel Dyer-I do