The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1876-02-15


ing session to-day. His conclusions were
that they were writings, and whether
proven to be what they purported to be
In origin aud destination, it was still 8
question Of law whether they could be
admitted as evidence. He did not by any
means admit, however, that the proof snd
Identification had been shown. To the
great majority Of these kilograms there
were produced no answers at all. Such
we're hearsay, the letters merely relating
facts and making inquiries, which did NOT
convey the slightest hint Of conspiracy
but none OF these, whatever might be
shown Of them or whatever construction
put upon them, were admissible as testi.
mony until by intrinsic evidence 1t had
been established that General Babcock
had knowledge Of the existence Of a con:
spiracy. This must first be proven and
II had not been proven.
After Judge Porter concluded, Thomas
J. Walsh, brother-in-law Of General Nc
Donald and chief clerk in his Office when
Supervisor, was called and identified sew
eral letters and dispatches written by
him at the dictation Of Mcdonald, and
also identified the signatures himself and
Joyce affixed to the receipts for kilograms
to Mcdonald, Joyce and others.
On the opening Of the afternoon session
Judge Dillon read the decision Of the
Court touching the admissibility Of the
dispatches, as follows:
prospecting the objection against the
admissibility us evidence Of certain dis
patches, the Judges have united in a con-
clusion as respects all except two dis:
patches, respectively dated the Sd and
9th Of December. We reserve the ques-
tions arising upon these dispatches, which
are somewhat novel and peculiar, for
further consideration. All the others
offered with certain objections which
we proceed to state and notice and
describe. We are OF the opinion that
the objection to the dispatches is based
on the ground that they are not relevant
or material is not we'll taken. The jury
is the constituted tribunal to determine
the controyerted questions OF the fact un.
der appropriate advice from the court to
assist them in the discharge OF this duty.
II the evidence offered tends in any degree
to establish the existence Of any material
fact it cant be objected to as irrelevant,
but must be received and submitted TO the
consideration Of the Jury in connection
with all the facts and circumstances ofthe
case. To reject the dispatches offered on
the ground that they were irrelevant and
immaterial would be decision by the
court that such dispatches. had nothing to
do with the alleged conspiracy, and
would take that question which is a
question. Of fact from the jury whose
exclusive province it is to de.
eide the question Of fact We don't
deem it expedient or proper to remark on
the several dispatches or to say anything
in the presence OF the jury as to the views
Of the court on the force or effect oi
them, It is not to be inferred that in ad'
mittfng the dispatches the court holds
that they do or do not connect the defen'
dant with the alleged conspiracy. As tc
the objection that some Of the dispatches
addressed to the defendant were unans'
wered, we are of the opinion that under
the circumstances OF the case this does
not constitute a sufficient ground to ex'
clude them. Such dispatches are 10 be
viewed in connection with all the circum'
stances Of the case, including the nature
Of the dispatches, as calling for an ans
wer or otherwise, and the situation and
relations of the parties and the effect Il
be given 10 the circumstance that no ans
wefs were returned, If the dispatche,
were received by the defendant, Is to Be
determined by the jury upon the whole
evidence under the rules Of law tC
be given in the charge of the judge
bearing on the subject. As to the
dispatches between Mcdonald and Joyce
the confessed conspirators, such dispatch
es are admissible as statements or acts o.
the conspirators among themselves, bu
as to the defendant they go for naugh
unless he is shown by other evidence to b
connected with the conspiracy charged il
the indictment.
Mr.. Kennedy Duff, business manager
Of the Atlantic & Pacific Telegraph Office
at Washington, was called, and explainet
the manner OF handling dispatches in tina
Office. One Of the dispatches in question
and to which the defense made strenuous
objections, the one dated Dec. 9th, 1874
and asserted to have been sent by Genera
Babcock to Mr.. Joyce, could not b.
found, the package Of kilograms Of tha
day having been lost, and only cop!
was produced. This dispatch is alleget
to have been an answer to one sent b.
joyce from st. Louis to Babcock, and wa
traced into the hands Of Geo. Joyce, door
keeper at the White House, but Joyce
signatcre had not been identified by III,
prosecution and therefore its deliver,
was inierential. The court decide
that the record and register Of the tele
graph office did not remove the difficult.
In this case. These dispatches are I'll
ones referred to in Judge billions decl
sion given above and about which he re
served his opinion.
&C. Snifin, one Of the Presidents pri
yate secretaries was called but could no
identify Joyce's writing.
W +. Sperry and Messrs. Lennox an
Cunningham, clerks at the Planter
House Of this city testified to having re
ceived and receipted for several dii
patches to Mcdonald and Joyce in 1s7.
mostly in December, among them on
dated December 9th, supposed 10 be- th
one asserted to have been sent by Bal
cock to Mcdonald and 10 which such oil
lection has been made.
E. B. Brown, Manager Of the w. q. ]
Office OF this city, then explained the mar
ner in which the records Of his ofiic
we're kept and how kilograms are handle
both for transmission and delivery.
Colonel Dyer then read the followin
kilograms, which were admitted pnde
the Courts decision at the opening Of th
afternoon session:
WASHINGTON, January l, 1874.
John Mcdonald, 81. Louis:
Things look all right here-let III
machine go.
[Signedl JOYCE.
WASHINGTON, July 8. 1874.
John MeDonaa:
Matters are hunky-go it lively an
watch sharply.
[Signedl JOYCE.
WASHINGTON, July II, 1874.
John Mcdonald, 81. Lot6S'
Amhere on my return. What can / d
for our side.
| [signedl s-ei5 JOYCE.
o. ~. Tito Io-I