The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1876-02-21

prove his innocence. He asked the jury
TO read the kilograms in evidence In the
light Of The day they were written ,
and not in the light of to-day, which
is false light: read them remembering
when they were written, that Joyce and
Mcdonald were occupying trusted posi-
tIons, and not, as to-day, bankrupt in po-
ton and character and in the felon' 5
cell ! charge you, gentlemen, to go
through and weigh every word from the
witness stand, and show TO me where II
is shown that General Bsbcock had any
reason to suspect that Mcdonald and
Joyce were engaged in conspiracy OF
this kind. Where is the evidence? /
defy any man 10 point me to the spot
which indicates that General Bsbcock
knew the correct scheme in which Nc
Donald and Joyce were engaged.
Col. B.osdhesd tells you conspiracy is
A Hard Crimerto Prove.
All! that carries this lurking idea that
because it is difficult to prove, therefore
gentlemen, / cordially invite you to as
sumo crime which we have not proven.
General Babcock never saw one Of these
distillers. He is as ignorant Of the
frauds as Fitzroy evidently was OF the
teaching TO be drawn from the story of
Ananas and Sappblra: If he had
known it, don't you know that at the
same point this knowledge would have
backed ou: If he had, they would easily
have proven it Not one Of this horde
Of distillers, who have been trouped up
for defiling this place with their
degraded presence, knew Gen. Babcock
save by his reputation as public man.
Counsel then reviewed the testimony, be-
ginning with the dispatch from Joyce
announcing Fords desth, and asking
that the President act cautiously about
his successor. He went on TO those from
Ford's bondsmen asking the appointment
of Mcguire, but made no strong point al
this. lie said Joyce came to the front as
candidate, and the President says TO
Bsbcock, "Tell all sppllcants that the sp-
pointment will not be made at present,
and not until the securities of Mr.. Ford
are consulted"
Now | come TO the
First Dispatch from General Bab-
cock TO Joyce.
"Get Ford's bondsmen 10 recommend
youn-Gri" We have all been in con-
yentionS; we have seen candidate when
it is evident he cant De elected worship
the rising sun, rush TO the front and
move the unanimous election of
his rival; 50 after the President
had made up his mind Joyce rushed
to the frott and recommended Mcguire;
then he sends 10 Bsbcock, "see the dis
patch to the President We mean it
Num- Col. Bradford asks what it
means why, Just what it says. Joyce
always did attach more importance 10
his dispatches than anybody else. Mum
about what2 Now men are not over anI-
ious when they have been candidates
and been beaten to have it known. Joyce
saws to Babcock, join cheerfully in Ma
guires Appointment but don't let those
fellows know | have been a candidate.
In the presence of these facts denounce
the charge made against this defendant
as participating in the appointment Of
Magure for a guilty purpose, as wicked
rs cruel. We possess the physical
power TO do certain things but you
have not the power TO deduce guilt
from that statement OF circumstance.
Leaving this jury box if you say it
means guilt, that conscience in your
bosom would pursue you through life and
dog your footsteps to the grave Into
Your souls such crime would burn and
burn forever Into the iog vapor OF this
charge we pour the clear, bright and
glorious sunshine, coming from the Al
mighty himself and dispel it. Is 1t not
splendid 10 lift ourselves above these
prejudIces and say, thank God, Republi.
can and Democrat alike, il is a glorious
delight that in what was dsrkened with
the charge of guilty. we find an innocence
radiant in it, character ] feel as II sn
inspiration were raining down on you
and upon me that blessed sense Of noble
Justice that raises US above the petty pre-
judices OF mankind.
Here Mr.. Storrs stopped and, after
leaning on the table Tor moment said TO
the court: If your Honors please, 1t dis
tresses me 20 ask another favor Of this
Court, but am subject 10 pa lpetation OF
the heart, and speak only with difficulty
to-day; allow me to stop for ten minutes"
Colonel Dyer requested that Mr.. Storrs
be permitted TO finish his speech Monday.
Court granted the request and adjourned