, 1876-02-25

IN COURT.
| JUDGE plL1os's lxsrAucr1oxd.
ST. LouB Fob. 2i.-The United Htasea Circuit
Court was not oponcd to-day until after II
o'clock, tho Judeca boing engaged In finishing
the charge to the Jury.
As eoon ~ tho roll Of tho Jurors was called
Judge Dillon read tho instructions, which were
very long, including, In various groups, the telo.
grams introduced In evidence. MapY Of tho
| lcstera were introduced, aud also copious ex.
tracts from tho Presidents deposition. At the
outsot, Judge Dillon satd that In all tho prooo-
attons be had to mako 10 hnd the coucurrouce
Of bis associate on tho Donch, Judge Treat. He
explained 70 tho jury tho importance os tho case,
aud tho ressous Which lad mado It neceaYary Ia
| loop them 90 isolated. high compliment vae
f"pald to tho counsel. aud the management of the
| case On both sides. Approaching the issues,
Judge Dillon said that
TWO MAIN QUESTIONS
Aroso one. as to the existence Of tho cooepita-
| cy, and tho second N to tho connection Of the
defendant With It. Tho first question roautred
little attention. tho arguments Of tho counsel
On both sides soemsd to accept tho existence Of
the conspiracy ~ proven. Tho second question
tho connection Of tho defendant With the con.
sE5se5ITas ansG5 then taken up The Jury we're eau.
influence Of popular clamor. They Hege nlHo
reminded that the Government owed duty to
It's citizens a. well IS its rovenue, and 1t lay IN
tle pforinco OF tho Jury to acqult as we'll con
ylet. Tho prosecution had presented 10 evi-
dcnco to show that tho defendant had evor de-
c1sred ha connection with tho couopiracY or b Id
written direct aduliAs!on Of this connection.
The law. howcver, did not require this. It VAS
c1ncr,isTAa71A1. EVIDENCE.
It was right for them to consider tho motiyen
ot tue aefenuaot. Tho Government ailegcd na
thc only motive that Of pccuulary gain. Tho
evidence Of Everlst, who mailed The letter In
which ho thought Joyce put $50u-bil, and tho
evidence Of hfagiil, Who testified to thkiug from
tho letterbo1 similar letter aud returning It to
Joyce, woro considered, aud tho question Of
ters, aud PORTIONS Of tho Presidents deposition
bearing on the death Of Collector Ford, and tho
appointment Of his SUCCESSOR, wcrc road.
TWO QUESTIONS,
the Court considered, aroso on the SUCCESSOR
sA1p OF Ford. Tho FIRST Was whether tho defcud-
ant sought to Influence tho President on the sue
| censorship, and, second. whether be did this In
the Interest Of tho conspiracy, haYing knowl-
odEo Dda. o. ta1t .I,'i'an 'consPPrsoy, sPaa
tho spring OF 1874, relating 10 Joycea visit to
6an Francisco, and Commissioner Douglass
permits to other rovcnuo agents to 90 out Of
their dlstrlctH; also humorous letter. from
Joyce, Babcock. Hoge, and Brooks, and longthy
extracts from tho lresident's deposition r.
ranged in chronological orlcr and lnto1sporsed
with commenta On thoul. Moet of the Dispatcher
relating to tho trAnafer Of tho Supervisors and
also given. Touching tue lottars aont by BAb-
cock to Mcdonald, undor cove. Of Mai. Grtmcs.
the Court said neither the prosecution nor the
dofenoa hnd produced said ietters or shown their
conjecture what thoIr consenta werc.
PASSING 10 0ENERAIa REVIEW OF THE cAsE
aud tbs evidence, Judge Dillon spoke IS fol-
lows:
have i,ereclved, have been laid boforo you, some
to the defendant and some from him ; aome be-
tween confeBacd conBpiaEto1s not. referring to
defendant, and unaccompanled BY proof that lie
revenue ofacesa 70 agents OF tho Government.
The dispatches between other persons thAu tho
defendant sro no evidenco to ehow his conneo-
tion With tho conspiracy. unless brought home
to him. They zero admitted to show The nature
conspiracy. Guilt cannot bo 11ed upoa any
person By tho declarations or ssate-
inents, oral or written, Of others.
dnl': must originate within a mans
own acts, conduct, or admissions. Hence III do
tormining tho question Of the defendants guilt,
30 far - It Ia sought to bo shovn by tho dts
patches, primary reference must bo had to tho
dispatches to aud from tho defendant and o.
pcctaIly such dlspa.chon ~ ho is stt,wu 10 have
answered and acted upon. II tho dispatches to
aud from tho do fendant, In connection With tho
other facts and circumatancea In the caaa, show
that ho knew OF the alleged conspiracy, and that
patches OF htn fellow constdrasorB among them
ealsos. OF to others, sent for tho purpose OF
promoting the conspiracy,
bnt not Toe TIT
DO given to the dispatches not shown to have
been acted on by tho defendant must depend,
among othcr considerations On whother Al
snsWor Was Called for os not. aud upon his as
u4l3f y tk1HfS N{%AtH
what they tlnpArt On thd!r face, and whether ha
knaw that tho HendorH woIo engaged In tho cou-
eplracy alleged In Tho Indictment for 1t must DO
understood that under tho established rules Of
Law tho various acts and declarations Of pereons
other than the de1oauant nro not evidence to
ahow that ho vas one Of tho conspirators, for
no mans connection With conspiracy
"sr be legally established BY what others did ia
s.esa.sh.. .aS" ii You will also remember, gentlemsn
u. fQ:ntIs! nti ~ confessed conspirator in st.
ailPaGa I'll! ada41E x AsH3f agents of tho Rovenuo
i: $':'a!;:: ''5::$:''5s III !: ii: IL:
uooz 10 BINGHAM
oss9 hs sosupa s Il n0s I'D wss yorS b.
ing perslstontly in ald ol dc oonspirators BY
conveying the Information essential to the suo-
cess Of these fraudulent schomes. bingham
bad disti!lelies In 1ndsns and emo huze.
was sout to Barton l,ingham's superintendent IN
st. Louis, and BY that Superintendent promptly
communicated to tho other cousplrators in this
c!ty. It appears that Hoge Was sn 81. Louis
yaar. biz nsmo toins omitted from lie hotol
register till the day ho loft. About that tlme tho
conspitators heso paid him "a bribe tho sum Of
fl0, 900, aud his lettcrs Indicate that he worked
for 1t loug poriod down to tho seizuro in st,
in ft,n int zfA 1f fha