The New York herald., 1876-02-09
Selection Of a Jury for the
Trial Of Babcock.
THE PROSECUTION UNFOLDED.
Ill-Gotten Gains To Be Traced to
the Accused.
THE GOVERNMENT OPENING WEAK
sr. LOUIS, Feb. 8. 1916.


minutes twelve, at which time United States District
Attorney Dyer began his opening argument
The examination OF the jurors regarding their i'm
paralty developed some ludicrous scenes and several
had to stand aside being challenged by the defence be-
they thought the. that Babcocks
having been indicted raised a presumption Of guilt
against him which IL would take evidence remove.
As hually the jury presented the spectacle OF
twelve roughly clad Missouri farmers, most OF them
Pater anilias well advanced years 'o honest sturdy
look but scant intelligence To judge from their ap-
pearance they form very fair jury indeed
COLONEL DYER's
surprised everybody by It's shortness lasting only two
hours He began in n matter OF fact humdrum man
ner and without any rhetorical flourish whate, cr with
the reading of the Indictment which followed by
by that scathng arragnment Of General Bah
cock which had been looked forward 10. The speech
had that rough hewn Western vigor which takes we'll
with Western jury, but had no polish of style or
elegance of dction. II delivered in short, dis
Iointed sentences which out by sudden jerks,
and often chopped up into half dozen sub
divisions by the speakers failure TO lnd the right
word. II nevertheless from the
GRAVE CHARGES OF CONSPIRACY
which 1t disclosed, made impression upon the jury
particularly when Dyer passed from the general re-
rts of the first stages OF the conspiracy Babcocks
particular part in It, Ho became moro and more en-
phatc as he approached this portion OF his speech
abandoned his equanimity of manner, became mpas-
sioned and flung forth the climax, in which, in tones
OF thunder he promised to show that Babcock re-
ceved of Joyce's ill-gotten plumber weekly per
mail When he had passed this climax ho relapsed into
his even manner, and ended with apostrophe which
did even ask the jury tho defendant
the evidence to be presented by the prosecution but
only to weigh the testimony impartally and give q
iust verdict
GENERAL BABcocRs DRMRANoR.
Certainly General Babcock could have desired q
faircr mlder opening. He not quite nervous
yesterday, but leaned back in his chair looking
cooy on. and only betraying evidence of emotion
Dyer hurled the charge Of pccunary completely
with Joyce at him. Nevertheless, the look OF mental
anxiety has left his face, which contrasts most
strangely with the proud compaccnt expression
always wore at the White House. Storrs and Porter
exchanged frequent comments IN q whisper well
plugs OF tobacco during the most vehement portions of
Dyer's speech Babcock's fingers, which caressed his
handsome mustacnc increasingly, twitched nervousy.
The proceedings after the recess rendered
tedious through the policy OF the defence, who OBJ
jccted TO every vital question some legal technical
ity qdbbe and who thus disclosed line OF conduct
directed 10 The shutting out OF evidence as lar as pos
sbe aud to the harrassng of the prosecution through
every species Of loyal ingenuity
THE PROCEEDINGS.
The jurors examined very briefly by the prose-
.uton The defence made examination whatever
Of most OF the jurors, but three OF four were put
through rigid inquiry James Milton, of Milton,
Marion county, excused Tor cause. lie admitted
that the hndng of an indictment against party lett
bad impression on his mind which would probably
quire proof TO remove. Both sides exhausted all of
their pcrempory challenges three each and the jury
finally in at quarter to twelve O'Clock, and
was composed foliows:-R. y. Blackwood lewis
county,, Matt Woodruff Clarke county, W. L. Wilson
Lewis co9ntyl, Ezra Johnson tiewis county, B +.
Snyder lknox eountyl j. NJ keailey (St Charles
county, Edward B. +. May tFranklin county, W.
Dakeley tAdair county,, d. ". Tsntor lGaseonadc
county) ". s. Jewett Jefferson couLty), w. T. Jack
(Aaron county, and Harvey Lessons Lewis
county, The District Attorney announced that
whiskey would come before the Court ut
this Special Term. and all the jurors outside OF this
trial panel were discharged
The District Attorney then addressed the jury the
part OF the prosecution lie repeated the history of
the conspiracy which organized here In 1871 stat
ing that 1t involved all distllers and recuncrs and
government officers aud employees here, and had its
raminca.ions even IN Washington He cited several
dispatches alleged to have passed between Joyce,
Mcdonald, Avery and Babcock, TO show that the two
latter persons engaged in the conspiracy and
responded with the conspraors. The dispatches be-
Joyce and Babcock touching the appointment
Colonel Constantine Mcguire as Collector OF Internal
Revenue after the death OF Charles W. Ford
ctod and Colonel Dyer Stated that 1t would be proved
that .rom that time the defendant furnished
Information TO the Ring here The department
lhWarcd IN all efforts to sc. an Investigation that
WOULD reveal the frauds for the that all
agents sent here To examine affairs bought
upon their arrival advces had been of
was thus gven 10 the dsuIlcrs to sIraghsen
up and show regular work Colonel Dyer
Claimed that y would be clearly shown that Bah
cock not only had full knowledge OF the existence OF
the frauds which carried on, but that he aided
the conspirators in their work and received money d.
rocty IRON Joyce, who mailed II TO hun Babcock aud
Avery the two at Washington who kept tho
Ring posted Even alter the indictment Of General John
Mcdonald, Babcock IL would be proved was ia secret
correspondence with him. The evidence Colonel
Dyer said would IN measure, be circumstantial but
there would not be link missing in the chain
TnE FIRST rILr
Joseph NJ Fitzroy Was then put the witness stand
Tor the prosecution Alter testiyng to hls position in
The Revenue sesvicc Sc hc was asked BY District
Attorney tn
state wla' nc knew about Z. c. Megrue his operations
here IN isIl Sc TO which Judge krum OF the counsel
for the defence objected, the ground that such a
statement would he only OF hcarsay character tho
witness did the Collectors Office until May.
1873; besides, the indictment charges the defendant
with conspring to dciraud the government out OF
1aN OF seventy cents per gallon ON certain proof
spirits IN 1871 That tax did not go into effect until
June ls2 We therefore hold that no such conspiracy
existed could exist There may have been a n
spiraey TO dciraud the government out OF ny cents
per gaon-that beng the tax then mposcd-but this
Is not LAID cut in the Indictment aud claim that IL Is
the correct rule OF laws that a conspiracy must be
proved under the rule AS laid Ia the Indictment
II y entirely Incompetent To show the existence OF
conspiracy TO deiraud the government generally when
the indiemcn, charges conspiracy 10 defraud out OF
particular or specified tax
Colonel Broadhcad said II not necessary TO show
BY witness what the tax was IL was enough to show
hat the government had been deirauded. The prose-
sutton are only compelled 10 show that a conspiracy
formed ns objects &c that conspiracy continued
aitor the change Ia the tax was made and that Che
defendant one OF the conspiratOrs
Judges Dillon and Treat consulted together few
ments, after which Judge Dillon said I'VE Will not
positively determine whether the pcador has
hned himself TO the particular aud specific u
snty cents per gallon that imposed until
lS1z II may bc that the prosecution cannot show
what transpired pror 10 that time, but VI what
done before was SIMPLY continued acts does not fol-
low that Il Is Incompetent TO show what the frame,
structure, &c OF the whole conspiracy. We have
such little time decide these questions that our rul
ing may be irregular and therefore, will keep the
question in mind and decide upon It's admission here
alter The witness may answer the question: IL being
Understood thai the ruling OF me Court on It's compc.
toucy will be given hereafter
The witness then began to speak about Mr. Megrue,
when tho defence objected and he was Withdrawn.
AZ OLD STORY
Mr. Thompson, dstiller WAS then called TO the
stand He gave a history OF his connection with the
Ring explained how he made 'crooked" whiskey
ke, all OF which has been stated numerous timos be-
lore
During the examination Of this witness the defence
Dbeced 70 all questions directly relevant to the
fcmcnt against the defendants but Judge Dillon ruled