The sun. [volume] (New York [N.Y.]) 1833-1916, 1876-02-25


ST. LOUIS, Feb. A.-The Babcook trial
eliminated this afternoon In verdict and a
surprise. The charge to the Jury was not delv-
cred until late In the forenoon, the court not
having completed Its preparation until after IL
o'clock At that hour the delivery of the charge
began. At half past 1t was completed, and
the Jury retired. The charge Is a very long one,
and of char .cter TO promote the chances of
the defendant, tho lesson being enforced and
repeated with extraordinary iteration, even for
charge, to reject certain classes Of evidence,
and to give the defendant tho bene1t Of evory
possible doubt. Referring TO the possible effect
OF any popular clamor, the expressions used
were remarkably strong and Impressive. As a
whole, the charge was such as to con1ne the
jury to a strict consideration OF the legal proof
and to allow slight latitude In the weighing OF
clroumstantial evidence. Throughout the
charge Dabcock sat pulling his m oustlche with
the monotonous movement which has been a
feature Of the trial. Immediately upon tho re-
trement Of the jury tho Court adjourned. OPEN
ing again at o'clock.
with the beginning OF the afternoon session
other business was taken up, aud the spec
tators In the court room had dwindled away no
one anticipating that verdict I'm DabcocK' 8
case would be reached before night at the
earliest.
DRAMATIC SCENE.
At fye minutes after g. while an attorney was
addressing the court, n baili1 suddenly appeared
and announced that the Babcock jury was ready
to report The announcement crented sensa-
tion; Proceedings were At once suspended, and
Porter Of his counsel, in waiting near by. were
summoned. They took. their seats, aud
uHy 'THnS dramusc abeock was o~epti tesy e9
cited and unnamed, hts face assuming an al
most ashy hue and his under Jaw quyerlns visi-
bly, In an odd way The jury was polled and the
verdict was handed to tho clerk, who read I;
" We the Jury, find the defendant not guilty"
Dibcock did not move 1t first. Then there was
u slight applause and he was fairly hemmed ia
by his friends. Storrs entering the room at the
moment, exclaimed joyfully, "Oh, my God +"
and hurried over to where Babcock was stand
ing. Babcock and Porter then emerged from
of the jurymen As the twelve passed out. There
no delay Of the defondant's party In the
court room. No carriage was In waiting so soon,
hurried at once to the Lindcll, followed 10y n
small, mixed crowd, occasionally applauding.
bell, his tatheri in-lnw, aud consulted over tee-
gram TO be sent TO Washington, after which the
party at once retired to ihelr rooms,where other
friends soon arrived with their Congratulations
THE JuRY's DELIBERATIONS.
The Jury had not occupied all the time they
we're out In getting at a verdict ON entering
their room, blEckwood was elected foreman.
some desultOry talk onSucd, and the meaning OF
the charge WAS briefly considered. Then an IN
formal vote was taken. IL showed all to be In
favor of an acquittal. Thon formal ballot was
taken with the Same result, and the delibcra-
tions were completed. The Jury then alto din
ner. and waited only for the reopenine OF court
The reason for the verdict, so far as explana-
tions OF the jurors convey an idea, appears TO
have been simply that the evidence produced
and left for their consideration under the in
structluns OF tho Court was not such TO re-
move all possible doubt from their minds of the
defendants guilt All thought alike In this
respect.
said Juror Jewett, in his plain farmers way
nn 10 tno ,I d1 s1y ,oss ,v
thought was right There was the Instructions
about the testimony and some Of the testimony
was kept back from us, and on what we mad we
ell thought we couldn't convict. There wasn't
testimony enough not TO leave a doubt We
didn't let our moral convictions, as you call EN-,
said another juror, Tho evidence showed us
Avery were in the thing, but about Babcock II
didn't como out so plain. We could have con-
vlcted then easily enough but we didn't feel
certain hero. wish we could have known the
Inside history of the business, but that we
couldn't ret at, and we did just what we. thought
was our duty under the circumstances"
These commepts indicate tho opinions Of each
member OF the jury. II Is not believed that any
properly influenced for Baboock, but their sud
den verdict is held to have come from the be-
wildering situation IN which they found them
soives-the ewing effect upon them Of Gtonts
deposition, the imposing array OF witnesses to
Babcock's character, and the charge of the
come more intimately acquainted with the
character OF the men shows them 20 be a rather
narrow-mlnded, apparently well-meaning lot,
totally unnt for subtle distinctions ia evidence,
and bound to all 90 In one way or another to.
DpIGsATIoS AND JOY.
The effect Jruduced everywhere by tho YER
diet is one of astonishment. Great indignation
Is expressed that such obstacles were thrown Ia
tho way Of the prosecution that all facts bearing
upon the case could not have been given to the
jury IA to the public. A minority, comprising <
what Is known as the Post once party aud the
strong Administration men, take tho view that
che verdict Is lust and covers the perfectly.
ia lOhbipa. Rah H.
cocks ftiends ere jubilant AT about eight
O'Clock brass band appeared before the Lin
music soon attracted a large crowd. Storrs and
Krum. appeared and made speeches in lauda-
Babcock also appeared and returned his thanks
for the demonstration. the crowd was very
mixed, and shouts OF Crooked " and similar
voices of the speakers. 1t was a ridiculous az
fair The Babcock party will start for Wash
ington in the morning.
How the News was Received in Washington.
WAsHISGToN, Feb. 4.-The verdict in
the Babcock case did not excite much surprise
here. There were but few people about the
Capitol when the news was received, as both
Houses had adjourned early, on the conclusion
of the funeral orations on the death Of Mr
Starkweather, OF Connecticut. The only
member Of the House in the hail OF
| Representatives when an excited telegraph OPP
| orator came IN ana announced what the verdict
| was Mr.. Randall. the Chairman of the Com
| mittee on Appropriations. He was deeply en-
| gagged in a conversation with a political friend
| aud merely raised his head and calculated,
| =" Grant will not turn Bristow ont now. He Will
| punish him by tying his hands and letting him
| alone"
EX Speaker Blaine was found In the clerk 4
| onlce busily engaged going through the New
| York and other papers. When the nows was an-
nounced to him he glanced up from the pages
OF THE SUN, which he was eagerly scanning, and
! said, "Tbats good there are two men very
| mucn reIieveu land wenu on reading. Some
| body standing by said, There will be some
| thing heard drop before long. Brstow will have
| TO walk now" without looking upsBlaine said
Significantly, Never count your chickens til
| they are hatched."
In the Senate, Conkling went about, his face
| beaming with Joy, and in his grave, quiet man
| ner, Informed his Republican brethren that he
| had Just received a telegram from ST. Louis in
| forming him that Babcocock was acquitted
| There was no demonstration Of any kind, but II
| was quite apparent that the news was not un
| welcome. In tew moments the few Sena or'
| In the Senate chamber began TO leave In two!
| nnd thTeos, and II was evident from their cheerl
| faces that their hearts felt much lighter.
In the room of the Senate Committee on En-
| rolled Bills Senator Cameron was having
| little fun with few Southern friends
| when Representative PurmAn of Floridl
| rushed in and exclaimed, "Glorious news
| Throw up your hats, boys Babcock Il
| acquitted u There was a faint cheer o
two and some handshaking and mutual congrat
ulatons, and the party broke up, every fellow