New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1876-02-19
NOTES OF THE TRIAL.
ryRox SPECIAL CORRESPONDENT OF ras rRInuS

fyRoM SPECIAL CORRESPONDENT OF THE TRInuNsI
ST. LOUIS, Feb. 17.-One feature of the de-
Tense has he II the introduction Of number OF letters
watch passed between Gen. BabcOck Gen Mcdonald,
and Joyce during the period OF their alleged cOmphcity
in the whisky frauds TIE defense rely upon these to Off
the effect OF The damaging elegrams exhibited by the
prosecution. great deal OF mystery surrounded these
letters previous To tleir being read % the COurt
The prosecution were not allowed to see them,
and vague hints dropped as 10 their
Importance to the defense. Their value, however,
upon being read found simply to consist in contain
~ 10 Integibe reference to the operations Of the
Ring; aud It uncOmpmentsry to the jury 10 suppose
that they VIII be greatly Influenced by them IL would
remarkable conclusion to draw that because por-
ton Of the correspondence was upon topics utterly
foreign 10 the existence OF rng the hypothesis OF such
existence must be excluded.
Il settled that the counsel VIII present The case
TO the Jury in the following order Col Dyer Mr. storrs.
Judge Porter and Col Broadhead IL ia thought that no
more than three hours will be consumed by any one
speaker Col Dyer does not profess TO be an orator. and
will do little else than present the facts OF the ease I'D
their simplest form. Mr.. Stors will not be eloquent
eher, unless general expectation is disappointed lie
will be witty, humorous. and sarcastic. Upon Judge
Porter- will depend the decision OF Gen Bah
cocks His peader before Jufles Is tie
pend nj upon no tricks His uniform plan is TO consider
events In the order OF their actual sequence and this
he characterize- in his argument in the Parish viii
nature and mutual pendencc Of series Of acts, and
the objects and motives Of the various actors and pa
ticpans" HIS or.itory distinguished for the choicest
selection Of language and for its powerful inyecves In
invective he IA PROBABLY unsurpassed I'm the country
Col Broadhead the other hand does moi owe his rep,
uraon his efforts before jures, but rather to arsu
m.n:s of law before the Missouri supreme Court He Is
ponerous AID pin egnatc and lacks the magnetic force
Which caItes a jury. on the other hand, be Is logical
and speaks long enough 70 weary his listeners
Mr. Samuel L. Glover who declined retainer offered
by the Government upon the dismissal OF Cen Hender-
son. has been attentive listener upon The proceedings
in court or three whole days. His stated reason for de-
cn,e the position offered by the Government vas the
OF professional duties. bat the circumstance just
related goes prove the suspicion that his pre-
vail!ng motive his sympathy for Gen. Henderson.
IL may her, sald the couns, ON both sides
graduate themselves heartily in tho happy chance
which brought the case for trial before Judge Dillon.
Willie Judge Dillon 10 known most widely by his adj
mirabe treatise on Municipal Co porltions." that
wo H. in point Of fact "a said to have been prepared IN
the slender periods of leisure during two years Of active
Judicial duties H- ablest work IL embodied in decisions
II the Iowa Reports and in ihe Reports Cases
III he Circuit Court
Ex-Attorney General Williams cannot, with any de
gree Of justice be called successful jury lawyer, how
ghy his abilities adviser are, and II is SUP
posed that these pretty highly commended by the
present Administration. Hiss associate counsel appear
be satisfied with hs opening Of the case for the de-
feusc. most OF his listeners, however, the Thought
was continually recurring that his eXrayaeant praises
II tie dcfendant were hl-timed aud pIeina-
lure In this connection It may he said that
40 stress need laid the previous good character OF
the defend mt and FOR the obvious reason that, willie
such evidence is legally Of value IL cannot from Its
very ma ue, be worth very much. IL is never TO be
assumed IN the trial OF where one In charged
with a crime that he always repr0bate, nor tatno
good traits we're ever discovered In his character, and yet
piicn an assumption TO De necessary TO render
this class testimony called for Similarly unnecessary
sppcars been the testimony regarding Gen Bah
coc ks ability ~ an army and Commissioner
Imrrovcment II Public Works at Washington With
about equal propreiy and effect Mr.. Randolph might
have Offend SHOW IN the trial Of Aaron Burr for trea
son that the defendant was good lawyer.
The proceedings we're to-day rendered somewhat en-
liyening lbs the fret judicial notice which has been taken
b. The Court OF Judge Kum. IL may be renarkeJ met
dentay that the notice OF that character -
would 0e considered 10y a sensitive iatelinS How
ever that disturbing Influence ju0 90 Krms
cq.m nifty far he s concerned IL l. likely 10 be
rereard A letter had been offered evidence and
iectcd Ia by prosecution. Argument had been had,
and the Court after elaboration had begun
10 pronounce It's decision. .dge krum arose
position to argue the point with the Court, when he
was promptly and severely r"prmandedb by judge Dillon
Tie had perception enough 10 beg the Courts pardon,
which was readily and graciousy granted by Judge oil
lon view OF the counses zeal in che cause OF his client