The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1876-02-23
BaBCoCK,s TRIAL.
sr. LOUIS, February %.


CONTINUATION OF JUDGE PoRrER's SPEECH
And yet Gen. Babcock is held to an
swer to knowledge Of the conspiracy,
when not the slightest evidence has been
introduced TO prove that he had an OPP
portunity for obtaining it. Referring to
The newspaper assaults which have been
made on the President, the speaker said
that even the most malignant Of the pa
Fpers had not venturcd to declare that the
President was priyy 10 the conspiracy,
but they had made covert and cowardly
insinuations 10 that purport. Now these
.insinuations should be brought from their
hiding places. Either the President was
or he was not in the ring. What a sub.
lime absurdity it was TO sErpose that the
President would violate his official oath
by conspiring with Etzroy and the rest
OF the ring in order that once in three
years these conspirators might have the
Egrace TO send $500. TO his. Private.
Secretary to be divided between the two.
The prosecution would have it believed
that the President, from whom Colonel
DYER received his appointment, and at
whose suggestion Colonel Brodhead was
chosen to assist in the prosecution, was
Liable To suspicion-in the face, too, OF
| his injunction to the Secretary OF the
Treasury, "Let no guilty man escape
because he told the facts within his
knowledge, that they might be used for
whatever they were worth in the defense
/ Of member Of his household. And who
was the man thus assaulted? What are
his antecedents?
The speaker here grew eloquent in his
laudations Of the President, declaring
that he was recognized in Europe as the
foremost representative Of American
character, and that such inSinuations
\ were worthy Of the contempt Of honest
men. Neither-of the counsel for the
Government had made any open
statements to the effect set forth,
but they had left it to be inferred, and the
strategem was hardly to be excused by
professional zeal in any cause. 1t was
simply the desperate resource OF q sink
ing prosecution. The defense had inter-
posed not single technical objection to
the introduction Of testimony, although
some newspapers seemed to deem all OBJ:
jections as technical and that q man had
no right to object to the Introduction Of
the unsworn statements Of irresponsible
persons. The prosecution had interpos-
ed all the technical objection, as the record
would prove, and this was the first time
the speaker ever saw case with such a
record. Before the case came to trial,
himself and co-counsel arrived ut the
conclusion that the indictment could
be quashed on legal grounds without q
trial, and determined to make the effort
but Gen. Babcock opposed such a course,
and instructed that no technical point
be raised to prevent thorough examine
ton OF the case. When the evidence was
all in, the defense felt satisfied that there
i were good grounds for asking an instruc-
ton Tor acquittal because Of the utter
absence Of substantial proof, hence the
motion made. ss-9
The Court decided that in view OF the
conflict Of authorities, 1t would be safer
10 let the case go to the jury;
i The defense. regretted the cause oil
this decision, but acquicsced in il as the
result Of the profound consideration by 4
pure and learned tribunal. ---
The speaker here addressed the court
and cited authorities in favor Of an In
struction that in case depending on
cifcumstantial evidence an adequate mo.
tive for crime must be proved to thejury'
He urged the fact thatno adequate motive
had been proved here. The conspiracy
was cold.blooded combination for
money and nothing else. The prosecu-
tion tells the jury that conspiracy,
which could not buy the scoundrel Bra
shears influence for single report for
less than $4,000, which could not buy
Hosue for less than Sl5,0 900, and which
could not secure q gauger's services ex'
cept for one-ffth Of the profits; that thii
conspiracy purchased man Of BabcoeEf
high character and position, in whom the
, Presidents confidence was fixed and still
exists, for the paltry sum Of $500, which
Everest says he put into the street letter
box at Joyce's instruction. Is this no
far worse than u total abstinence o
motive2 ....t.