The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1876-04-10

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On the 9th the ca. was lie. out Of the bag Pierepons
wrote TO Dyer
DEPARrx ESr JusricE.
WASHINGTON, Dec d 1870
Hon y. r. DrEE, United States Attorney, S. Louis,
The President informs me that the court or inquiry
at Chicago Thursday; that General Bah
cock starts tonight TO meet his trial; that Colonel
Gardner is the Judge Advocate TO uhom al Ctcdgo you
The case and the and TIE residences ~ any pif-
chose testimony you judge important 70 make the
o y @ oyose sere amy amn
cate with the Judge Advocate by messenger or other
wse as you deem most sate 10 the end that this I'M
country may be complete in every respect l repeat
what have so often said that we wish no innocent
man furnished and no guilty one to escape.
EDWARDS PIERREP0Nr, Attorney General
Concerning this singular demand upon Dyer. Mr.
Picrrepont said he made 1t under the nstruc
tons the President and supposed Il TO be all right
because no himself knew nothing OF military law The
President told him to have tVe evidence sent TO the
Judge Advocate. Ought an Attorney General TO be at
the same time so ignorant and so complasant? The
President originally wanted the whole civil proceed
ings dropped and the handed entirely to tn
military inquiry but this his Cabinet would not stand
and rather than make scandal he yielded. II Dyer
aud Henderson had been made Of the material as
Plerrcpont the country would have seen a singular
scoRCHrSG ANswER:-
ST. LOUIS, Dec. 0, 1878
To Hon. EDWARDS PiERREroSr, Attorney General,
Washington, ID. q. -
spracy dcraud the revenue against Orvllle \. Bah
cock have despatch from the Judge Advocate Of
the court OF inquiry at Chicago asking FOR charges ana
which can be called charges except this Indictment and
what ranspred in the legitimate discharge OF duty by
the attorneys OF the governments In the trials OF John
Mcdonald and William q. Avery. Shall order copies
OF the senographc reports Of those trials for the Judge
brought into The District Court Of he United States FOR
Mis district by its process, and cicA is constantly
needed IN ne prosecution q cases pending be1oe q and
before the Great Court this District shah be trans
miAed by me to Chicago beyond hetr jurisdiction
Irepecyay suggest that hare no pocer 10 do 50 ~ n
government IS ready upon tho trial OF the
Indictment and for that purpose am sending to Chi.
caso copy Of the indictment ana cap,as Tor General
Babcock. DAVID r. DYER, District Attorney
Thus this little plot spoiled; Tor on he 10Th, the
day following Dycrs scorcner, General Sheridan I'D
ministered another elegraphed that the military
court having heard that tho civil court had found
indictment against Babcock, had at once and unani-
mously decided adjourn from day to day until the
civil tribunal had decided. But this aid not SUIT Bab-
cock evidently; he did not mean to have real mill
tary inquiry, and accordingly the 18th, two days
later he wrote to the President suggesting that the
order converting tho military court be ''revoked,"
which was accordingly done the 18th, tho proceed
ings closing with long report from Judge Advocate
Asa Baird Gardner, in which he attacks Dyer with
great heat for "ailng TO obey the positive insruc
tons Of the Attorney General as to handing hun over
the evidence and list OF witnesses Gardner evidently
cit that Dyer had treated him with just contempt
as an ignorant and prcsumptuous modder. THIS
Gardner by the way, is law professor at West Point
Is he ut person to teach cadets their duty and posi-
tiou toward the civil Au authorities?
nExDERsoN's DISMISSAL
This brings US to the 18th OF December. But mean
time other matters had passed. When tho Babcock
dispatches read in court tho President began to
openly exhibit dislike and suspicion Of ex-senator
Henderson, associate counsel for the government In
the whskey frauds He had received, SO long ago
July letter from ". Barnard of ST. Louis In which
Barnard told him that Henderson the Presidents
.sbtter enemy" and that Babcocks name getting
mixed up the whisKey business; but II was not
until these captured dispatches shown him that
he manifested q disposition to Dust Henderson
Mr. Hendersons speech, on which he was dismissed,
made in the Avery case, on the Sd Of December.
His removal spoken Of between the President, Mr.
Pierrcpont and perhaps General Bristow, before he
made that speech; but he not removed until the
oth On tho 7th Dyer received the following de-
spatch:- KS
DEPARTMENT OF JrsTIcx l
WASHINGTON, Dec. I, 1879 J &
Hon. d. p DYER, United States Attorney, ST Louis,
sia-To-day was read in the Cabinet what purportcd
10 be the substance OF the speech made by Senator
Henderson IN Summing up the evidence ON the trial
OF Avery. II WAS printed in tho Cincinnati COM
merciat with extensive comments II the substance OF
the speech is there correctly gwen the attack upon
the President made by Senator Henderson on that
occasion bitter, vindictve, quite out OF place, and
to come from one IN the employment OF the govern
il was deemed just tina. your notice should DO
called this public attack thus publicly stated TO have
been madc by OF the counsel OF the government.
Will you show this letter 10 senator Henderson, and
will you send copy OF his speech and such copy as
he will examine aud say Is correct?
II 10 very unjust to him TO have such speech
published II he did not make II, and II grossly
just TO the President II he did. await your answer
and ask that Senator Henderson may join in the
sane write directly 10 the President or to me-
he may prefer =, Very ,y, resp Ss,y,
On the same day Lucien Eaton, assistant to Dyer,
telegraphcd tho Attorney General about Henderson
speech; that he did not understand Henderson TO DO
offensive to the President He SAID -
ST. LOUIS, Dec. Z, 1876
To EDWARDS PiERREPoSr, Attorney General, Washing
As parties In sympathy with the unconv,ctcd mem
bcrs rthc Whiskcy Ring here assiduously dssem
mating the idea that General Henderson criticised she
President IN his argument OF the Avery case, It is
simple justice TO say his speech, which was wholly
unprecedented In form, does not bear any such
Interpretation in my Judgment None OF the news
cism, know privately. heard all lie said, and cid
not so understand him. A sworn COPY from Official
will be mailed you by me TO-
Henderson took occasion IL say IN the trial that tho
dispatches exonerated the President, and know he
meant H. LlClEN EATON.
But the President and Picrrepont were detcrmlned
TO get Henderson out and on tho 9th Dyer received
the following
DEPARTMENT JUSTICE
WASHINGTON Dec Q, 1870
Hon. D. r. DYER, United States Attorney, St Louis.
Mo. 49,
Evidence has reached here that the trial OF Avery
Mr. Henderson took advantage oil his position az
special counsel for tho 20 assail the Prcs
dent, who was not on trial. HIS efforts IN that line
Will be no longer paid by this department You Will
give a copy OF this despatch to General Henderson.
EDWARDS PIERREP0NT, Attorney General
On the 18th, the next day. he received another do
spatch:-
DEPARTMENT OF JUSTICE
WASHINGTON, Dec. 10, lSs5 I
Hon. D. P. DYER, United States Attorney, ST. Louis.
The sworn report OF Mr. Hendcrson's speech, for.