The Rutland daily globe. [volume] (Rutland, Vt.) 1873-1877, 1876-02-22
TIE MORAL EVIDENCE.

THE MORAL EVIDENCE.
Ia reviewing Babcock's case, as present
ed to the jury. we stated that the evidence
and the course pursll by the defense had
been such, that the verdict would have but
little weight in aiding to make up the moral
probable, both should be to the same ef-
feet. A verdict of guilty would simply in
tensify 50 TO speak, the moral verdict of
the country, because it would leave no
room for cavil or question. There is
piece of testimony, however, which under
the strict rules of the law was ruled out by
the court, and therefore not presented for
the consideration of the jury, which, as it
seems to us, is rs conclusive as to his guilt
as any jury's verdict could render it.
Ia the course Of the Avery trial, as tend
ing to prove this verv conspiracy with
which Avery az well as Babcock are
charged, the kilograms between Joyce,
Mcdonald Avery and Babcock, were in
troduced and commented upon. When in
troduced, Babcock took no notice of them.
But when Henderson commented with Sc
verify thereon, Babcock ,elegraphcd, No
vember 80, to District Attorney Dyer that
he was absolutely innocent, and that his
kilograms would appear perfectly inno-
* cent" the moment he could explain them,
and closing as follows II demand hear
"iDg before the court When can test
"ify = lie well knew, when he sent this
telegram, that the evidence in the case was
closed, that the arguments had been made,
that it was too late to introduce witnesses,
and he could not therefore, have been sur
prsed to receive a reply to that effect, with
the further information that the next case,
involving the question Of conspiracy
was set for trial December -.
Whereupon, as it will be remembered, he
made application to the president for a
court of inquiry, setting up, in his request
therefor, the proceedings in the Avery trial,
the production of the kilograms, the com
ments of Mr.. Henderson, the telegraphic
correspondence with Dyer, aud concluding
as follows "The opportunity to answer
" the charges contained in the above
"speech not the charge made by his
own kilograms, mind you, but the charge
made by counsel's comments thereon-''has
=" been titus denied me, and being left with
I" out any opportunity to vindicate myself,
I" l respectfully demand court of inquiry,
'Sand request that an immediate investiga-
:" ton be ordered" The court of inquiry
was ordered, and it will be remembered
| how, after Babcock was indicted, and after
The attempt to withdraw these kilograms
and the other evidence from the custody
of the proper law officers in st. Louis had
failed, the court of inquiry was abandoned,
the trial of Babcock was once and again
postponed, and how. when further post
ponement was impossible, no attempt wes
made to explain these damning kilograms
and make them appear perfectly inno-
" cent"
But let this all pass, except so far as il
may bear upon the question of his anxiety
for an. opportunity TO explain. Was he
anxious to explain? Unhaprily, we are
not left to inference on this point. Unfor.
tunately for Babcock, We have the fact
from himself that he was unwilling 80 to
do. Levi p. Luckey, another of the presi
dents private secretaries, was in st. Louis
during the Mcdonald trial, watching its
progress, and in constant telegraphc com.
munication with Babcock. TO him, Bah.
cock, then in Washington, teegraphs No
vember II, "See John M. Krum on re.
IS ceipt of this, whatever hour. Retain
=" him to protect me and confer fully will
4" him and answer at earliest moment II
"9o there n0p could be pery unfortunate i
' he can possibly 7reoent IT," And again
on the same day, Babcock telegraphs
Luckey; "Tell him to employ assistance
if he wants, and means bit 10 preren,
"my going there nOeo at all hazards"
In reply to one or both of these tee.
grams, Luckey telcgraphs, November 49,
that Krum said that should Babcock go tc
st. Louis, there would be no personal
political or other danger ; that "Billy and
" all others upon whom Mack's case rests
"are going to testify and that 'irlends'
think it would be well for him to come SC
that sal loouM &t0o nothing receired !" but
still Babcock refuses to go-and he didn
go. These kilograms the court declined tc
admit as evidence, treating them as con
fidential communications from Babcock t.
his counsel Upon this account, upor
objection being made, they were not lega
evidence, but is there any doubt of theil
force rs moral evidence And yet THU
Orvllle +. Babcock is the private secretary
of the president of the United States, ant
the president still coniides in his integrity
and his unsullied private character ant
because this man is indicted and tried, hin
who said ''let no guilty man escape" pro.
poses to make it too hot for Benjamin ii
Brstow, "the ring smasher,' to remain in
the cabinet
|
A Memorial Arch.
Senator Morrill, of Vermont bad the mem
bers OF the senate and house committees