The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1876-02-10
BY'TELEGRAPHl
WHEELING REGISTER.
sag sey r.r.
Associated Press Report. by Western
Union Limo, otRce Northwest cor. 3
of Main ana 18th Ste. s- =
THE BABCQCK TRIAL.

ST. LOUIS, February 9.-Acting under
the advice of the Court, the government
counsel in the Babcock trial to-day
passed over the conspiracy In 1871 and
~, and produced testimony to show that
the existence of the operations of the
whisky ring was from 1878 1875. Nc
direct evidence was brought against Gen
Babcock, the testimony being general in
character, tending to show who were in
the conspiracy and the extent.
Joseph, NJ. Fitzroy Was put on the
stand and kept there an hour and a half
Fitzroy was deputy collector of internal
revenue, and after the departure of Con-
duce Megrue in November, 1872, became
an active business man Of the ring. The
examination proceeded with only occa-
sional objections from the defense, and
very little of the testimony was
ruled out. Fitzroy was asked if
he knew the defendant, and he
said, met Gen. Babcock once last Sep
tember; it was at the Lindell Hotel in
this city; VIM. 0. Avery introduced me
to him. The President was at the hotel;
it was on the occasion of visit TO this
city by the President and Gen. Babcock.
l had not seen Gen. Babcock before that
time; was then under indictment for
completely in these frauds.
On cross-examination Fitzroy. said
of this meeting: 1t was simply an in
PRODUCTION; there was no. conversation.
/ was standing near the elevator; Gen.
Babcock came up, and Avery introduced
us.
After Fitzroy, John +. Sedentopf,
foreman at Uhlrich's distillery, was put
on the stand.
His testimony related wholly to the
operations of the distilcry, 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. Ulrici then took the
stand, and said his foreman, Siedentopf,
had given good account OF their
operations and added some testi-
mony about raising money to
buy up the revenue agents who came
here and found irregularities, and there
was nothing in the evidence of either
Ulrice or Sienentopfs evidence that had
not been published several times, and 1t
WAS repeated mainly to show the exist
ence of conspiracy. This can also be
said of Fitzroy's testimony. Just pre-
vious 10 the adjournment of the morning
sesslou, Mr.. Storrs stated that the de-
fense had intended to have the personal
attendance OF
President Grant as n Witness,
but as the case now stands he thought it
would not be necessary, particularly as
the e1igencies of the public affairs require
his attendance at Washington. He then
proposed to the counsel for the prosecu-
ton that they should meet with the
counsel for the defense and agree upon
the questions and cross-questions to be
put TO the President, and that the exam
ination should be made before the Chief
Justice of the Supreme Court.
Col. Dyer said he had no particular OBJ
lection to such an arrangement, If 1t
should appear after the examin-
ing lnterrogatories of the de-
tense that the Government could
be as we'll served in this way as by the
personal presence of the President.
Mr.. Storrs stated that they had their
questions written out, and asked the
Court to prolong the noon session till )
p. NJ. to give the counsel for the govern
ment time to prepare their cross questions
To this the Court agreed, and adjourned
till Pm.
On the reassembling of the Court, Dis
trict Attorney Dyer stated that the coun-
sci for the government had met the coun-
sci for the defense regarding the questions
to be sent on to Washington, but they
had not time to prepare their counter
interrogatorles; he therefore asked the
Court to adjourn till tomorrow morning
to afford both sides an opportunity to
properly arrange their questions and
cross-oIestions and that counsel may
leave tonight Tor Washington and ar
rive there in time to have depositions
taken Saturday. Judge Porter joined in
this request for adjournment.
Judge Dillon stated that the Court re-
coguized the force of the suggestion OF
counsel us to the expedience OF the Pres
ident sbsenting himself from Washing
ton Mt this time, and as the proposed ar
rangement would probably save time, the
Court was ordered adjourned till to-mor-
row morning
Deposition of the President
A consultation hetwe the counsel In
the Bsbcock case, this afternoon, resulted
in the agreement that the deposition oil
p, ,esident Grant shall be taken before
Chief j ustice Waite next Saturday after
noon, and that the proceedings be con-
Quoted like An examination in open court.
Both sides will be represented by counsel
Mai. l. Eaton will act tor the Govern
NNhn will ranrasant the letelse