The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1876-02-09
THE SCHOOL MILL FAX
The Supreme Court Decides that it is
Constitutional
BABCOCK'S TRIAL,
Opening of the Pros ecutiou,

ST. LOUIS, Feb. 8.-The court opened PROMPT
ly at 10 o'clock this morning and without delay
the selection OF jury ina the Babcock case
was proceeded with. Both sides exhausted sill
their peremptory challenges, three each, and
the jury was finally sworn in at II 45. The
District Attorney announced that no more
whiskey cases would come before the court at
this special term, and all jurors outside of this
trial panel were discharged. He then addressed
the jury on the part of the prosecution.
The District Attorney repeated the history
of the conspiracy which was organized here in
1871, stating that it involved all distillers and
rectitiers and government officers and employees
here, and had its ramifications in Washington,
He cited several dispatches alleged to have
passed between Joyce, Mcdonald, Avery aud
Babcock, to show that the two latter persons
were engaged in the conspiracy aud correspond
ed with the conspirators. The dispatches be.
tween Joyce and Babcock touching the ap-
pointment of Col. Constantine Mcguire as Col.
lector OF Internal Revenue after the death of
Chas. w. Ford was cited, md Col Dyer stated
that it will be proved that from that time on
the defendant furnished information to the
ring here. The department was thwarted in
all efforts to get an investigation that would
reveal the frauds for the reason that all the
revenue agents sent here to examine the affairs
were either bought up on their arrival or ad-
vices had been received here of their contem-
plated visits, and an opportunity thus given to
dlstlllers to stralghten up and show regular
work.
Col. Dyer claimed that it would be clearly
shown that Babcock not only had full knoWI-
edge of the existence of the frauds which were
carried on, but that he aided the conspirators
IN 10 tnelr works and received money directly
from Joyce, who mailed it to him; that Bah
COCK and Avery were the two men at Washing.
ton who kept the ring posted, Even after the
Indictment of Mcdonald Babcock, it would be
proved, was in secret correspondence with him.
The evidence, Col. Dyer sad would in meas
he oirnu m a initial hut tbar I
link missing in the chain
8Jos. M. FitzrOy was then put on the witness
stand for the prosecution. After testifying to
his position in the revenue service, &C.. he was
asked by District Attorney Dyer, who conduct.
ed the examination, to state what he knew
about G. G. Mcguire, his operations here in
1871, Sc, to which Judge Krun of the defence
objected on the ground that such a statement
would be only of hearsay character. After
argument the judge decided witness might ans
wer the question, it being understood that the
ruling OF the court on its competency will be
given hereafter. Witness then began To sneak
about Mcguire, when the defence objected and
he was withdrawn and Mr.. Thompson. a dis
tliler, called to the stand. He gave a history
OF his connection with the ring, explained how
he made crooked whiskey, &c, ali of which
has been stated numerous times before
During the examination of this witness the
defence objected to all questions not directly
relevant to the Indictment against the defend.
ant, but Judge Dillon ruled that testimony to
establish the existence of a conspiracy might
be given and witness gave tolerable full ac.
count of the ring and its operations
Fitzroy was then called and Col. Over asked
him if Mcguire ever paid him any money.
Mr.. Storrs objected to anything more per.
tanning to what he called the Mcguire conspir-
acy. He said Thompson had testified that it
had ended in 1872 and the prosecution in oper-
ing stated the same thing. A long argument
ensued on the question whether the conspiracy
of 1S71-72 was continued in 1873 "a, the prose
cution taking,the ground that it was one con-
tinucus conspiracy, The court finally ruled
that the counsel had better direct their atten-
ton not SO much to the conspiracy in 1871 and
1872 as 1878 and 1874. off," said the court.
"we can see where the case is ali in
that of the conspiracy in 1871 and 1872 is