The New Orleans bulletin., 1876-02-16
THE BABCOCK TRIAL.

ST.. LOUIS, Feb. 14-In the Babcock tria
this afternoon, Thos. T. Walsh, brother in
law of Gen. Mcdonald and chief clerk in hi
Office when Supervisor, was called and iden
tilted several letters and dispatches written b.
him at the dictation of Mcdonald, and als
identified the signatures of himself and Joyc
affixed to receipts for kilograms to Med
Joyce and others.
| On opening the afternoon session, Judg,
Dillon read the decision of the court touch
ing the admissibility of dispatches, as follows
Respecting the objections against the admis
sibility as evidence of certain dispatches, the
judges have united in the conclusion as re-
spects all, except two dispatches respectively
dated the Sd and 5th of December.
We reserve the question arising upon these
dispatches, which are somewhat novel and
peculiar, for further consideration All the
others offered meet with certain objections,
which we proceed to state, and notice, and
decide; we are of opinion that the objections
TO the dispatches. based upon the ground
that they are not relevant or material, is not
we'll taken.
The jury is the constitutional tribunal to
determine controverted question of fact under
appropriate advice from the Court to assist
them in the discharge Of this duty.
If the evidence offered tends in any degree
to establish the expanse of any material fact,
1t cannot be expected to be irrelevant, but
must be received and submitted to the con-
sideration of the jury in connection with all
the facts and circumstances of the case.
To reject the dispatches offered on the
ground that they were irrelevant and imma-
terial would be decision by the court that
such dispatches had nothing to do with alleged
conspiracy, and would take that question,
which is question of fact, from the jury,
whose exclusive province it is to decide ques-
tons of fact.
We do not deem it expedient or proper to
remark upon the several dispatches, or to say
in the presence of the jury as to the
views of the court upon the force and effect
Of them. It is not to be inferred that in ad-
mitting the dispatches the court holds that
they do or do not connect the defendant with
the alleged conspiracy.
As to the objection that some Of the dis
patches addressed to the defendant were un-
we are Of opinion that. under the
of the case, this alone does not
constitute q sufficient ground to exclude
them.
Such dispatches are to be viewed in connec-
ion with all circumstances of the cases, in
,luding the nature Of the dispatches, as call
ng for an answer or otherwise and the stua-
ion and relations OF the parties and the effect
o be given to the circumstances.
That no answers were returned if the dis
catches were received by the defendant is to
% determined by the jury upon the whole
under the rules of law to be given in
'harge of the jury bearing upon the subject.
As to the dispatches between Mcdonald
md Joyce, confessed conspirators, such dis |
patches are admissible as statements or acts |
# conspirators among themselves in further
nee Of the conspiracy. But as the defendant |
hey 60 for naught, unless it is shown by |
'ther evidence to be connected with the con-
piracy charged in the indictment.
ST. Louis, Feb 15.-Among the dispatches
cad were the following:
ST.. Louis, Dec. 8, 1874.-Gen. o. E Bab-
ock, Washington: Has the Secretary or Com
missioner ordered anybody here? J.
WASHINGTON, Dec. 5, l874.-John McDon-
Id, at St Louis: Can not hear that any one
las gone or is going. o. E. BABcocK.
WASHINGTON, March l, 1875. To Gen. J.
dcDoAld: Letter received. Have seen the
entleman. and he seems very friendly. He
) here looking alter the improvement of the
ivers. o. E. BABcocK.
Alfred Bevis, . distiller, testifed-Joyce
bowed him the "Sylph" dispatch from Bab-
ock, in 1874. His understanding from it was
nat revenue agents were not coming On
nat information preparations were made to
IN "crooked" whisky. Bevis got letter
ON Joyce to show and satisfy his partner.
he contents of the letter were excluded. The
tier satisfied Bevls all was right and they
ould not be disturbed in making crooked"
hisky.