The New York herald., 1876-02-09

in a room and lay their plans Il q continuation
OF the same plan the same division. &c There was
formal understanding They knew what they were
TO do
Judge Porter interrupted Colonel Brodhead, and
stated counsel did meet the question fairly The
question was whether the prosecution intended 10
meet the defendant with the conspiracy OF 1871. We
have It openly avo~ed. in deliberate argument by the
government that there q conspiracy 1871 which
ended in 1917. The same counsel calls TO the stand
witness who says IL closed In November OF 1872
The man who organized IL lett IL and went away and
the effort Is TO connect the defendant with It. We sub
init they cannot resort to such prove the con-
nsction OF the defendant with this conspiracy.
Mr. brodhead replied that the prosecution did not
aunlt there was conspiracy commencing IN 1871 ana
ending In ls72 Il continuous from 1871 TO 1875,
when the strong arm OF the government stopped H.
May we not establish tho that Megrue only an
onicer OF the "Ring" and discharged when ho
went out and some one else put In his placer We DO
not claim that the defendant was connected Win the
conspiracy in 1871.
Mr.. Porter said he glad the gentleman so frankly
declared that General Babcock not connected with
the Megrue conspiracy but Is II fair Tor the govern
tnent 10 turn an indictment charging intention to
make Illicit spirits in 1874 into excuse 60 back
to a con nspracy with which II Is admitted he had no
connectionI In order to copvict him
The Court said "As we understand 1t the inquiry OF
the witness Is as TO what took place IN 1872 ard
It IS objected to on the ground that the con-
spracy OF 1872 ended in that year and Is not
menL Counsel stated in the opening that the con-
spiracy with which the defendant is alleged
and nave extended Hs to is75 'nOu coIoneI proadbesd
says the government has evidence 10
show the completely OF the defendant In 1871 1872
II 1t were fact that the conspiracy ended in 1872 We
should hold II irrelevant admit ything further
cernng that time but It is not admitted that the con-
splracy ended then.
Mr.. Thompson used language which seems to init
mate that the conspiracy ended hen but that view
OF 1t from bis standpoint AT present we think you
had better direct your attention not so much 10
the conspiracy in 1871 and 1877 as TO 1873
and 1874 If we can see, when the case
Is all in that the conspiracy in 1871 and 1872 is not
OF the conspiracy alleged in the Indictment and
that tho defendant notconneced with the conspiracy
ready presented and rule It out
The Court then adjourned.
Mr. T. O. Breasley, OF Washington. one OF Babcock's
counsel. has been lndsposed since his arrival here
that he has lot appeared the case and left Tor homo
tonight
GIVEN TO-DAY.
To-day the testimony showing the original growth OF
the conspiracy through the disters will be continued
Mr.. Mckee requests me TO deny the statement that
Mrs Mckee, rs has been stated, had any documentary
evidence against Babcock There foundation TO
this statement, which he said was inspired by his
enemies for the sole purpose OF putting him into
htude OF antagonism to General Babcock and the ad-
ministration
The secret correspondence between Mcdonald and
Babcock alter McDonald's Indictment alluded to IN
Dyers speech, through Major Grimes OF
the Quartermaster's Department. Babcock as the
prosecution will try to show, came here after AcDon-
AIDS indictment and arranged with Grimes or this
rcspondence. Grimes was the man who delivered three
letters to Mcdonald Colonel Dyer got hold of this In
ieresting bit of ercumsantia evidence through
man. and thereby hangs tale which cannot at present
A PLIMsY pEFEScE SHATTERED
II will be remembered that Emory Storrs General
Babcocks counsel lately indicated that the defence Of
Babcock's correspondence with Mcdonald and Joyce
would be IN effect that TO the time OF the late expo
sures they enoyed the confidence of their superior
officers in tue department and of all the prominent
politicians in ST. Louis and that their standing
such that General Babcock might properly correspond
with them without being suspected Of knowing any
thing OF their irregularities guilty operations This
plea. however has been badly damaged by the dis
of the fact that whom General Babcock and the
President visited ST. Louis alter the indictment OF
General Mcdonald General Babcock was in constant
communication with Mcdonald through army
officer there, and that number OF letters
and some business communications passed through
this medium between General Babcock aud
Mcdonald II is reported also that at this time
General Babcock raised a considerable OF money,
said to be about $40 o00 and that the transaction
took place through this Same officer II will also be
remembered that much stress has been laid upon the
assertion that General Babcock made strenuous ef-
forts To obtain hearing witness in the Avery
before il closed. Dispatches in the possession OF
the government show this have been fabrication
published for effect. for II appears that Judge Krum
telegraphed in time and before Babcock made any APP
pllcatioD TO come. that 1t very important that
he should come ut once ana testify, and that to this
General Babcock replied declining to appear and urg-
ing that his going TO St. Louis should be insisted
upon under any circumstances