New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1876-02-11
DETAILS OF THE TRIAL.


s1,E OPENING OBSERVATION-DISCLOSURES OF TIE EVI-
DrNCF-IHE COUNSEL on BOTH SIDES.
IrRoN A SPECIAL CORRESPONDENT or THE TRIBUNF.I
ST. LOUIS, Feb. This morning there oc-
CURED in the Circuit Courtroom that interchange OF
eourteses which preliminary 10 fierce combat 1t was
generally known that the counsel for Gen Bbcoek wond
ask an adjournment OF his trial for day 10 give them
time for further consultation but II was no generally
expected that IT would be granted. Hitherto Judge
Dillon has absolutely refused to entertain any spplca-
ton for delay. This time, however the tbIee
great parties to the transaction Wed In aoeonmo-
dating each other. Mr.. stOrrs asked Tor uay
longer TO put in order certain documentary evidence
xhich was stil expected to come, and a reciprocal
favor 10 the prosecution Judge Krum entered plea OF
not guilty. on behalf Of his client, thus setting at rest
any lingering doubt in the minds of those preseht as 10
whether the defense would try TO IND any new nav III
the form OF the Indictment Tue latter is quite simple
paper despite the whole day which spent during
the Mckee trial In testing lite legality. IL charges
generally that orvle T. Babcock and John A. Joyce
late Of said district Eastern District OF Missouri J.
Oh the first day OF January, III the year le'a'
at the said district did conspire, combine confederate
and agree together among Themselves, and with J'h
Mcdonald Joseph NJ Fitzroy, Alfred Bevis, Edward b.
Fraser Rudolph w. Uhic Louis TeusCher, John Busoy,
Carbon b. Bingham and with certain other persons, TO
the grand Jurors aforesaid unknown, to deffaud the
United States OF the Internal Revenue tax OF seventy
cents then and there impoeed by law upon each ana
every proof gallon Of large quantity to Wit: one million
PROOF gallons OF distilled spirits, thereafter to be produced
At certain distileIes then and there situated &C. &c
n then alleges, in accurate terms, that GER
tain OF the foregoing gentlemen, who were dis
oers did remove from their respective dseTles Ger
tain gallons Of spirits upon which the tax hi not oeei
paid. Just here the question might arise Tor moment
How does all this affect BabcOcki II is not pretended
that he removed any spirits Only the paitry sum OF
$3.50 Of tie supposed $4,000 proved 10 he paid to
Mckee who sides here and that by the uncorrob0rated
word of Fitzroy. How 1t be proved that BaDc0ck
who was in Washington received any Of the sposl Any
fattcring junction. which the friends OF Gen BaDc"cA
may feel disposed lay their souls from this line Of
argument will lose its potency on any the most careless
per,ssl Of the following few lines Of the Laws OF the
UNITED eates under which his indictment is found;
1.-TWO persons conspire either 10 commit any
ofu AGAINST United States or To defrdud the tnt"d
ftates in auy for any purpose, ana o. e or
or al such parties DO any act 10 cnVc tc Ou9ect q" te
.orsrcy all jhe pai ties to such conspiracy snail be
Iie ~ 1eIlty ~ not less than ~ 900 aud not more
than $1,000, and to nprls onment VI not more uiah
two Years.
ONO ust assent 70 contract 10 he held liable in &c.
eildrly one must consent 10 conspiracy OF he does
not oonspire There the analogy ends however "mie
Tho receipt 81 an actual consideration Is necessary I"
hold one to contract not even the payment OF tie ira
dona barley corn necessary TO SUSTAIN BapeocA
Indictment
The counsel for the dofenee have been introduced TO
each Other by this time, and In good working order
There are four Of them actively engaged IN the case
Julgc Krrn knows all the local details, aud Will furnish
what practical information Of affairs here that Is
needed Much l. said of Mr. st0rre OF Chicago but his
yeputation is by no means na Ona lie has, 1t If said
oousider.ifr ability aud apparently has never known
what either INDIGESTION or traidty means.
The leader for the defense is Judge John Porter OF
Eew-York and 70 him Is publicly accorded that Difference
sndnsnciye attention whchabity OF the hghestorder
always prompts When II j. accompanied by areuilpR
dispo-ton and courteous manners. He Is completely
and thoroughly advocate. II is Inferred though from
10 positive statements that he Will close the case ioI the
defense Ex-Attorney General Williams IL an adviser
but viii not participate III the trial
The III, secutlon Represented, as IN the Mckee case
by District Attorney Dyer and Col BrOadhead An ex
Jude OF the Missouri supreme Court says that The
former gentleman has ability and wide experience aud
deserves the reputation which he has won The prose
eutIop has not suffered hitherto in results from the loss
Of Gen Henderson and substitution of CL Br0adhead
though IT MAY safely be assumed that Babcock il ac
onittcd attention will more be directed TO his
removal and the circumstances attending II.