The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1876-02-15

did take the money 10 Washing.
ton, leaving here on the 18th, and
telegraphing back on the 2lst and 23d OF
the month.
Krum-Is that evidence explaining
anything about this dispatch?
Dyer-I say it might explain it.
Krum-There was no evidence that
Mcdonald took one dollar to Washing
ton. There was testimony that the
money was paid him to take TO Wash
ington, but not word to show that he
did take it. There is nothing in tie case
to show that Babcock knew who "Grit'
was, or that if he actually received the
telegram, he took any action after re-
ceiving 1t. .-sIEE.s
Tho Court said this telegram would be
laid over with those Of December Sd and
5th, SO that its admissibility might be
further considered.
The Following In the Telegram
in question, but it has not been passed on
by the Court yet. 1t has been admitted,
however, by the defense, that it is in
Joyce's handwriting.
ST. LOUIS, April..2S, 1875.
To Gen. o. E. Babeock:
Tell Mac to see Parker, of Colorado,
and telegraph to Commissioner. Crush
out st. Louis enemies.
[Signedl GRIT"
ST. LOUIS. April %, 1875.
General Mcdonald:
Don't leave Washington until all
things are absolutely settled.
Signed JoHN.
WHsHISGroN, April g. 1875.
John 4. Joyce, 81. LOUIS:
leave for st. Louis to-day.
TSigned JOHN MCDONALD.
Here Col. Dyer offered a telegram
signed Mac.
Mr.. Storrs-We object.
Mr.. Dyer-We have shown Joyce re-
ceived it. We don't claim whose hand
writing it is. We simply claim it is q
dispatch received by Joyce, one Of the
conspirators.
The Court-The rule admits the de-
claration, but hardly what was sent to the
consplrators.
Colonel Dyer showed dispatches which
followed from Avery, and was connected
with tho Mcdonald message. They
were not admitted, but are as follows:
WASHINGTON, March 0, 1875.
j. A. Joyce, st. Louis:
Ifthe sickness of your family prevents
you from going, wait. r. A. Hoge may
pay you visit.
[Signedl MAC.
WAsHINGroS, March IL.
John A. Joyce, st. Louis:
Did you receive Macs telegram Your
friends will doubtless make you visit.
Signed WM. y. AVERY.
Colonel Dyer presented dispatch sent
by Joyce to Avery, and it was objected to-
The Court-Have you got any evil
dence beyond these declarations of Joyce
to convict Avery?
Dyer-I don't care te put anything
further than these kilograms passing be-
tween Avery and these parties.
The Court - Leave US these
dispatches and go on with the
rest. This Avery telegram held in re-
serve was as follows:
ST.. LOUIS, March II, 1874.
a. o. Avery, Washington:
Telegram received. Start for San
Francisco Sunday night. All perfect
here.
Signed JOYCE.
Mr.. Dyer then read as follows:
ST. LOUIS, March II, 1874.
General Babcock, Washington, d. c.:
Start for San Francisco tomorrow
night. Make d. call of his scandal
hounds, that only blacken the memory of
poor Ford and friends.
[Signed 5.
st. LOUIS, January l3, 1874.
j. w. Douglass. Washington, ID. C.:
| desire to visit Washington on impor-
tant official business.
Signed JOHN A. JoYCE.
WAsHINGToN, Jan. l3, 1874.
John A. Joyce, ST. Louis:
| prefer not to authorize you TO come
except on important official business.
Signed j. w. DOUGLASS.
WAsurSGToN, Jan. q, "A.
General John Mcdonald, st. Louis:
Everything looks well. Send on re-
port. Feel huxley.
[Signedl JoHS.
Mr.. Dyer Now give me that report.
Mr.. Storrs-I understand that the gen.
tleman is about to read that report that
We objected to. 1t does seem to me that
we are getting in so many collateral
matters that it must be stopped.
Mr.. Dyer-We will show that this re.
port, explaining the destruction Of the
Beris and Frazer papers, WAS written by
joyce himself, before he went 10 W ash.
in ytOn, but he WAS afraid to send 1t in till
he wen and found out that it was safe; that
sfter getting to Washington he did ascer-
tain that it WAS safe, and sent this dis
patch to Mcdonald, telling him 10 send
the report.
Mr.. Storrs-Thst does not make it any
better, unless they have some doubts that
they have sufficiently established the con-
spiracy between Joyce and Mcdonald.
The Court-There has besn no evil
dence delivered here, that we recollect,
tending to connec. the defendant with
this report and all presume
without hearing it read; that the report
does not connect the defendant with the
conspiracy. 1t can only be admissible
for the purpose of showing the nature,
purpose and scope of the conspiracy, and
for that purpose it can be admitted.
Some discussion WAS had about the
reading OF the report, Storrs wishing it
considered as read, while Dyer wanted
the jury to hear it. Finally it was read
1t has been published before.