Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1876-02-20
AFTERNOON SESSION.

ST. LOUIS, February 19 On resssem.
bling of court this afternoon, Mr.. Storrs
opened the argument for the defense
he asked no consideration for his client
because OF his position, but he asked, in.
sisted upon, aye, demanded that the tes-
timoBy in the case be weighed with the
same importantly that would be sc
corded to that of a case Wherein the
humblest newsboy were on trial. He
cautioned the jury against permitting
themselves to be swept off their feet by
the terrible storm of excitement to which
the whisky ring developments have
given rise. He characterized the court
as in its higher reality, on an elevated
plateau, toward which the eyes of forty
millions OF people are directed, aud par
ticularly to the Jury. He regarded pub
lie opinion whsn all the facts in case
are before the public, and when the
fever Of wrongly induced excitement
is over as fair and just; but, he said, ii
has never been deemed safe and reliable
in the administration of justice since
that day, two thousand years ago, when
it profansd the judgment seaS and in
suited heaven with the cry Ct, "CIucify
him! cruelty himw A conspiracy
charge, he said, was the only one known
TO the law which may result in one
mans punishment for another mans
crime, and this but makes the necessity
for positive proof OF guilt the greater,
He said that the government during the
past year have made great and thorough
prepa ations for the IT a.. the cradle
ana the grave mad been robbed for evil
dence, and the sauctity of privileged
communications between counsel ard
client had been invaded, but really
nothing had baen adduced to prove the
defendants guilt. Only three wretched,
purpOseless, meaningless kilograms had
been found in his handwriting. He
paid a high tribute to Colonel
BrosdheRd's abilities, but said
that his argument had no
heart in il, but was given as the best
that could be done for bad cause. The
colonel seemed to have forgotten, or to
have determined to forget, the first
lesson of the profession, that the law
presumes q man innocent until his guilt
is proved. General Babcock had not
come into the court, however, protected
and clothed with That presumption, as
the jury could not but know. Every
speech that had been made in the trial
denied him tn presumption; and final
ly, in the summing up, 1t Was asked not
that he be convicted because his guilt
had been proven, but because he had
failed to introduce testimony to prove
his innocence. He asked the jury to
read the kilograms in evidence in the
light Of the days they were written and
not in the light Of to-day, which is a
false light. Read them, remembering
that when they were written Joyce ana
M'Donald were occupying trusted pO-
sitiOns, and not as to-day, bankrupt in
position and character and in the f3ion's
cell. / charge you, gentlemen, to go
through and weigh every word from the
witnesses and, and cay to me whare it is
shown that General BRbcoGk had any
reason to suspect that M'Donsld and
Joyce were engaged in a conspiracy Of
this kind. Where is the evidence? l
defy any man to point me to the spot or
place which indicate that General BAD
cock knew Of the corrupt scheme 10
which M'Donsld and Joyce were en-
gagged. Colonel BrOsdhesd tells you that
conspiracy is 8 hard crime to prove. An,
that carries this lurking idea that be-
cause it is difficult to prove therefore,
gentlemen, cordially invite you to as
sumo the crime which we have not
proven. General Babcock never saw
one of these distillers. He is as ignor-
ant Of the frauds as FitzToy evidently
was Of the teachings to be drawn from
the story OF Anniss and Sapphire. If
he had known, don't you know that at
s)me point this knowledge would have
leaked out? Fit had they would esaiiy
have proven 1t. No. one Of this horde
OF diaIgllsTs who have been trOupei up
defiling this place with their degraded
presence knew General BsbcOck, save
by Interpolation as public man. The
counsel then reviewed the testimony,
beginning with the dispatch from Joyce
announcing Ford's death, and asking
that the President act cautiously about
his successor. He went on to those
from Ford's bondsmen a3kiDg the ap-
pointmeDt Of Constantine Mcguire, but
made no strong point at this time. He
said that Joyce came 10 the front as
and the President said
to Babcock: "TaIl ali appli-
cants that the appointment will not
be made at present, and not until the
suTeties OF Ford are consulted. Aud
now come 10 the first dispatch from
General BabcOck to Joyce: "G9t Ford's
bOndsmen TO recommend you" Gentle
men, we have all bsen in conventions.
We have seen q candidate, when il was
evident that he couldn't be elected, VIZ
ship the rising sun, rush to the 'front.' and
move the unanimous election OF his re
val. 50, after the President had made
up his mind, Joyce rushed TO the front
and recommended Mcguire; and then
he sends: ''See the dispatch cent to the
we mean 1t. Mum" Colo.
mel Brosdhesd asks what il means
Why, just what it says. Joyce always
did attach more Importance to his dis
patches than sDybcdy else. NUM-
about what? Men are not overrsnxious,
when they have been beaten, u have ii
known. Joycs says to Babcock; ~ join
in M8guire's appointment,
but don't let these fellows know | have
bsen a candidate" In the presence Of
these facts, denounce the charge m abe
sgsinst this defendant, IS psrticips.-
Ing In the appointment cs Mcguire
foE a guilty purpose, as wicked and
cruel We Io5sess the physical
power to certain things, but you have