Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1876-02-10
BABCOCK.
Third Day of the Trial Of the Prcsi-
dents Private Secretary f0E De-,
frauding the Revenue.
The Testimony So Far Called for the
Prosecution Of Little Weight
The Presidents Deposition
TO be Taken.

ST. LOUIS, February 9.-Acting under
the sdvice of the court, given just before
adjournment last night, the government
counsel in the Babeock trial to day
passed over the conspiracy in 1871 and
1872, and produced testimony to show
the existence aud operations Of the
whisky ring from 1878 TO 1915. No di-
rect evidence was brought cut against
General Babccck, the testimony being
general in character, snd tending 10
show who were in the conspiracy and its
extent. Joseph NJ. FitzrOy was put on
the stand st the opening Of the morning
session and kept there an hour and
half Fiizroy was deputy collector CT
internal revenue, snd after the departure
of Conduca Megrue in November, 1872,
became the active business man Of the
riUg. The examination proceeded wHh
only occasional technical objections
from the defense, and very little OF the
testimony was ruled ont. FliZrOy was
asked IL he knew the defendant, and
said: 81 met General BabcCck once last
September; it was at the BAndell hotel
in this. city; William o. Avery intro
duct q n e to him; the President was &C
the hotel; it was on the occasion Of 4
visit to this city by the President and
General B3bcOck; / had not seen Gen
eral BabcOck before that time; | was
then under indictment for completely IN
these frauds.n On the crosse sxamiuas
ton Fiizroy said of this meeting with
BabcOck: at was simply an intrOduc-
tiOn; there was no conversation; was
standing near the elevator when Cen
eral Babeoek came up, and Avery intro
dueed U.s."
After Fitzroy, ]. F. Siedenstopff, the
foreman at Ulric's distillery, was put on
the stand his testimony related wholly
to the operations OF the distilltTy Of
which he was foreman and manager,
the manner in which crooked whisky
was made and disposed OF, the amounts
of money paid to revenue officers, etc.
Rudolph w. Uric tnen took the stand
and ssid: His foreman, SiedenstOph, had
given q good account Of their operations,
and he added some testimony about
raising money to buy off the revenue
agents who came here and found irTegu'
larities
There was nothing in either Ulric's or
Siedenstopff7s evidence that has not
been published several times, and it
was repeated to show the eX-
istence Of the conspiracy. This can also
be said of FitzrOy's testimony. Just
previous to adjournment Of the morning
session, Mr.. StOrrs stated that the de-
fense had intended to have the personal
attendance Of President Grant as wit
ness, but as the case stands he thought
this would not be neees saTy, particu arly
| "a the exigencies Of public affairs require
| his attendance at Washington. He pro
posed to the counsel for the prosecution
| that they should meet with the counsel
| for the defense and agree on the ques-
| tions and cross questions to be put to the
| President, and that the examination
| should be made before the chief-jastiCe
| Of the supreme court.
Colonel Dyer said he had no partlCu-
| lar objection to such RR arrangement,
| If it should appear after examining the
! interrogatories Of the defense that the
| government could be as well Eecyed in
this way as by the personal presence Of
| the President.
Mr.. Storrs said they had their ques-
/ tiOns written out, and asked the count
| to pr0long the noon session until three
| O'Clock in the afternoon, to give the
! counsel 70. the government time 70 pre-
| pare their questions. This tue
court agreed to, and adjourned TO three
| o'clock in the afternoon,
On the reassembling of the court Dis
| trict-Attorney Dyer stated that the
/ cOuLSel 1OI ll6 kONCtnAAOAE AAesN AAACA NAAD
counsel for the defense regarding tbs
! questions to be sent on to Washington,
| but they had not had time to prepare
their counter interrogatories. He there
fore asked the court to adjourn until to-
morrow morning 10 afford both sides a.
| opportunity to properly arrange their
| questions and Oss-que5tions, and tnsJ
| the counsel may leave tonight Tor
| Washington ard arrive there in time
to have the deposition taken on Sstur-
day.
Judge Porter joire1 in this request for
adjournment.
Judge Dillon stated that the cOurS re-
cognizsd the force of the suggestion or
the counsel as to the expediency OF the
President absenting himselffTOm WASH
ington at this time, and as the proposed
arrangement woald probably seve time
the court was ordered adjourned until
tO-morning morning.
The consultation between the counsel
in the Babeock case this evening re-
suited in an agreement that the deposit
ton of President Grant shall be taken
before ief-Justice Waite next SatuF-
day afternoon. The proceedings will De
conducted like an examination in open
court. Both sides will be represented by
counsel. Major L. Ea.on will act iCr
the government, but WHO viii represent
the defense has not yet transplred.
MARRIED.