New-York tribune., 1876-02-25

tnrlr contents WcTc
DABCOCKs ACTIONS ALONE IMPORTANT.
Various classes dispatches. az You viii have per-
eeved have been before YOU to the defendant
and some from him; some between confessed c0nspra-
tors not referring the defendant and unaccompaned
by proof thai he knew OF them and other dispatches oe
tween revenue officers and agents Of the Government
The dispatches between other persons than tne ueie
ant evidence to show his connection WIN ne
spiraoy unless brought home to him. Tney we're alt,
ted 10 show the nature and purpose ana the plan a
operations OF the conspiracy Guilt cannOt De nhe @ n" w
any person by the declarations or statei Us rar'
written, of Others. Guilt must originate ~thh utL
breast and it must be eetabished by his own @ts'
Hence IN determining the question of the defendants
guilt so far as IL is sought to he Shown ny me
primary reference must be had to the dlspachrs 10
from the defendant, and especially such dsalcDes as ~
Is shown to have acted on u the dlspa'ehts 10 9n,
from the defendant. connection with the other lacts
and circumstances IN the case now tha ne Ahe" o 20
alleged conspiracy, and that lie was guilty parnelpator
therein the dispatches OF his sieu0w-cohspiaos aio5
themselves or 10 Others sent for the purpose %. on
,romotng the conspiracy become evidence against te
defendant, but not 9th rwse whaI Wrlght, au5 :, "a
be- given 10 ha dispatches not shown To nave pe'n acen
on by the defendant, must dep.nd among u.nel ~ ~
sideraiions upon whether an answer was oeu , w, We
not and upon his associations with the persons sehdhe
the same what they import on the4r ee' nhn
be knew that Tie -thdefs were eng l NS
alleged the indictments for IL must be understood tha
under the established rules OF law the Val9ur ae's t
declarations 0i persons other than Tue h enun aie wv
evidence To show that hc one of TIE 'ohsPif't"s,
established by what Others did III his absehcc anu WIN
out his knowledge AMI concurrence.
TIE WARNING TO CONsPIRATORs.
You VIII also remember gentlemen OF the jury that
confessed conspraOrs I'm ST. LOUIS testified that tney
we're frequently warned of proposed visits OF agents oi
revenue service 10 Inye-t gate frauts ~ TINS us
trict. Hence one OF the essential inquiries In this
eae ns to the sources VI the infOr nation thus given
The letters VI Hog 10 Bingham shown that early I'D
1874 1! not previously, he tHOgul had been corrupted
and was working ersslently IN ad ot ~ ne con pta,ops
these fraudulent schemes. Bingham had his distllerls
in Indiana and one here, and Information gwen 10 y ID
by flO2uc was sent Ia Barton, Bnghalhs suirrIeH1e
i'm st l. us and by that suUcrint, ndrn promptly coin
muncs To the other consirators IN his cit' IL ~
pears that Uogue In st. IOnls nom the IN 10 tl
l0th OF November of that year, his name being 9in'ti
the hotel register until he eft hbout t tRr o tae
conspi ators here paid Lin bribe the sum OF rlOo
aud his letters Indicate that he worked io og piod
and down 10 the seizure "a 81 LOUIS IN tne mt - o
the consprutors. Tnc teiesraphlc dispatch 10 anu @
from Avery, who Was par Of the tlc ce ciei ~ 'uc
Treasury Dcpnrim, nt nj pant OF me tlmc chI 'igh
OF the Internal Revenue BuI'hu Oh Ms'uhSvl, al, W.
before on, and also the frequent NlsH W VI Mi,Ol'in "
Joyce 10 that ety. nj Zines when arlNch at II LOUIS Uy
revenue agents were epprchcuded.
These gnihcant faces u "a for you 10 wcs III "r'er "
determine whence the needed warnings 20 lle e.DNbI
tors Tue prosecution contends mat VT" 'ielniahe
gave Washington tine lni0rniilph needed ni 'nr
conspraiors here and aided IN preventing c Ns mere
whrh the eonspritOrs Wcre anXiOu5 10 avoid. ~" De
endant contends on the Utncr maud that ioge iuiisrd
the needed warning. and PERHAPS Avery 49, th't t,r
de endant tId NOT know ~ the exiStrnee ", IN "on
scJ, and gave knowingly NO ad tn'fctOi ihdt tS ths
cousrlrat1rs al iul source of Information ur9usn
Avery and ,gc they hal 40 ade1uafe motive m sceE'u4
his assist member Of tnc c'nslIhcy or ia per
o know Oi thcr Ga.tlucib b,
shear and uye, Uf the Revenue agents sent hcle
wcrc rilcd by the coD-pirstos remains nnconll"ietd
Tue facilities which ioe enjoyed ior eArild the pl'h'
of the Revenue anto. lea az Washington Tor INC uetev
lion Of frauds m the West. r. ger, Lr"otS AMI Dvu-Irs
sog; and how De ne II tcee aeilIilcs Tor e Deh"h' o
tue conspratOls :, his ie,tHI- Indicate
In .ist of srch testimony me jury should eIanhe
the ah"ed eonnteil1n nt tio uei,uud. . Iu ~
spaty here, aud weigh ms hcts' eoihiuS', anu '
lions written. IL ~ uOs - nuch fOhl isua'cu
IA ~ and clfcnnt 'Ai'7 as iioih G 81, y, IN m nv.
together aud wc.6b"d tha rfhl ''hcIuS'on IN w po
rracrd lt may often happen thai one Or many acts o
e1Oups Uf acts ake separately VIII l'n ~ eSti'sh ho 10
CIIstcnce Daturc ~ ~ nrla lai Nheh an % vi Vi
considered tO-et.er in careful 4nd Pansiasins way,
will Snow that tuere was senerIi ana common p-n'
.iiiu disclose the nature and scope thereof
CoNsPrHAroRs COMPETENT WITNESSES.
e,ne Of the the part of the Government
on Inateral aud disputed puiHts confessed members
II TIC conspiracy and under indictment therefor >ucn
cnreeton with the defence makes them sccJmpIces,
AMI Tins becomes necessary tina; the Court should state
to tb, juiy tie law touching the testimony of such WIT
ncsSes Jhe rule OF the w s that accomaces are COM
pcant witnesses: TINT means tlat tie parties have "a
nsit t0 have ,nrn sworn. lt also implies tnat wheh
swolu, you shall cOusiUer th.lr te.uHony. They aie
competent witnesses Under thc legislation of Congress
trry ny Ice compelled 10 testify Ie testimony oI cJ-
sldiu.s u always To be received win 'Atiee cSut"h'
WCisncd and scIntihIed Win glet care ny to luiA,
who should leIy upUn IL unsupported uess II pro
,iacrA II icr mind the fullest most poo live couvc-
of It's truh l. iust gud proper IN ru'I cdros ur
The lay to seek for cortpbogatg ia * ~ Hae, ,,i re-
srecis IL is lu-t aud proper l. do H. bLt 70 NOT
absolutely necessary provided TIE tesi iinoly Oh hS ~
c,Inrre produces III ile MIND oi thS lnry tu ana ~
uOuDImg conviction II Its tiuih To ui' jay cA'ih
stcy belongs the duty Of wpgnuS the eNn,h ana re
thinning tno Ce,iDllty Oi Witnesses. "itn Ll't thc
Court has ahsUiu.ey nopIHs 10 do Ie degree OF eitd
due I,nesa should cd,t rilhed bN hs vhaid'er du
conduct by hs manner upon the stand his IeA'l1hs 10
the contOl oIsy nd 20 The patits; NO hn.s ana t'ais
bias or iLpaTu yi the rr1'oh3b'c7aps "thel Wis.
the statements lac makea; the rtrenEn ui ~S'AHcSs O
Ais recollection viewed IA ta light OF al the oIct tesil,
u,oHy, lacts, ad circumstances N the ,ast' L. any OF
the witnrssss are sHown knowingly 10 have testified
ialseiy on this i1 Ouchlng matters here involved tAe
Jury AT hhtitN Ia IJCct the Mupl" Ol i lc-llVhy
va thc trial uf tiiis case.
TnH VALUE OF GOOD CHARACTER.
The defendant has produced AN impressive array Of
witnesses of the highest chactc wHo have testified "a
his previous uniform and general good reputation as "a
man " unaucstoucd integrity This Is competent evil
,irnco anI the good character oi The dendant III this
respect s fact to gcd and considered Ivy the Jury.
IN t,e light ~ which they shold vcw all fhe evidence
and determine the question ot hs inn"t epc or gut
the crime charged agLnS nm III tne lhdftnent' Al
eminent U,jyc There may be ca"cs so ndc out
mat no character can MAKE them doubtful, ont there
may bc OtlcIs which evidence gwen AGAINST person
wItnout character would amount To cOhN'u"i III Whch
hyh character would produce reasonable dUunt; nay
In winch character Will outweigh evidence Wnlch M ht
otherwise appear conclusive go We hp' al tho tV.-
i. nee ON he subject Oi is fact III al prouer,
lo nll the other acS In the case, to be weighed and
estimated by tine JuIy -
Nc dput as correct exposition OF tho Law tllis sub
cct the opinion Of the Cour oi Appeals OF Aew-iork
FIRST the hypOthess Of delinquency or gl ol Lac ose
charged i'm the Indictment should How naturally from tue
facts proved and hc consistent with teln uiii seconu
The idrnee must b. such tOeNclue every reasUibc
hyuOcais bat That Of h, guilt Ot lac offence nrn1i 10
him or IN other voris the facts pO ed mst Gll Dc CON
sistrnt with and port 10 his gilt uot only, Ou ln
inu inconsistent with ass innocence
The burden proof dos not shift IA criminal cases ~
the prosecution Throughout 10 establish the deleh
ants guilt By the evidence, ami IN criminal cases the "S-
ieuoanT ing permitted 10 testify, cannot he calico
npun to explain produce any proof until ne pros cd
ton by the evidence actuaily produces establishes e
de.cn,iants guilt beyond reas"nable doubt. me
defendant by the policy of our law cannot Dc compelled
nor permtted to testify As substitute Tor TINS delri
VA ion Lne law cOtAes the defendant with presumption
f innocence which attends and protects hu unui II II
overcome Dy testimony which proves Lis guilt Dey Oud d
a reasonable doubt.
PARTISAN FEELINGS IMPROPER.
We trust gentlemen that il IA unnecessary 20 remind
YOU that neither partisan feelings nor ouelde views
I-l..Lt Ilr.Ll lla