The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1876-02-11

velopes In the mail boxE
Witnea-I did.
Judge Dillon then adjourned Court til
3P. NJ. and requested the counsel TO sent
the authorities TO bis room.
On the reassembling Of Court for the
afternoon session Judge Dillon said thu
Court Is prepared 10 dispose Of the ques
tion raised In the objection TO receive Ger.
tain evidence. He then related the OBJ
| iections as made on the argument Of the
counsel for the defense, and said upon re.
view Of the authorities relating TO the
subject ofthe admission Of letters by one
person and addressed to another by name
ut his known postoiffcc address, prepaid
and actually deposited in the postotBce,
we concur both OF US in the conclusion,
adopting the language OF Chief Justice
Bigelow, to.wit: "That this Is evidence
tending 10 show that such letters reached
their destination and were received by
the persons TO whom they were ad.
dressed" The Court then proceeded
This is not conclusive presumption, and
II does not even create legal presump.
tian that such letters were actually re.
ceived. Itis simply evidence OF admissa-
bility tending, II credited by the Jury, 10
show the receipt OF such letters, a fact in
connection with other circumstances 10
be referred to the jury under appropriate
instructions, as on its value depends the
circumstances OF the case. It Is objected
also that the evidence, even II admissible,
as tending TO prove the receipt Of the
money, should be rejected as immaterial
or irrelevant us having no probable force.
II II was admitted here by the counsel for
the Government that this was all the
evidence that they expected TO produce
for the purpose Of convicting the defend
ant with the alleged conspiracy, It's con-
elusive character standing alone,
where the defendants mouth Is sealed, +,
would doubtless be such as that the court
would be bound to say to the jury that II
could not be safely made the basis OF 4
conclusion inculpating the defendant. II
may not have been actually received.
The writer may not have been known; hi,
purpose may not have been known, or the
person who received il may not have
known why II was sent, or may not have
invited il or have known that il was in
any way connected with the guilty pur-
pose Inscribed TO il by the prosecution, or
any illegal purpose or plan, and, Us men
act differently under the same circum-
stances, il is for the jury, under proper
instructions Of the Court, to look at the
letter as il it was sent and received in
connection with all the other circum-
stances in the evidence.
Mr.. Everest was then recalled TO the
stand, he testified Col. Joyce handed
me two envelopes and directed me 10 put
them in the letter box, which | did;
Joyce was watching me from the window
Of his Office; | was fearing him; could
sec him watching me; | saw the directions
on the envelopes, one was directed TO w.
o. Avery, Washington, d.. G., and the 9TH
or to Gen. 0. +. Babcock, Washington, D..
c.; each OF them had personal" OH the
left.hand cNners; they were ordinary
envelopes, and had no printed matter on
them, or other directions. except what |
have stated; they had postage stamps on
them; did not see Joyce any more that
day; I left the city June 10, 1875, went to
New York City, and from there to Liver.
pool; ! left Liverpool last Christmas, and
arrived In New York on the 9Th OF JAN
nary; | never saw Gen Babcock before
this trial began.
Crosa.examined by Mr.. Storrs-I have
been In this city since January 90; can
not tell the month in which | mailed the
letters; il was either in February or
March 1875, but am not positive, think
il was in the latter part Of February or
early in March; got the money from the
superior's office; Col Joyce stood in front
Of his desk when he put the money in the
envelopes; the envelopes were on the table
when ] handed him the two five hundred
dollar bills; then sat down 10 his left; ]
was watching him attcnively; he first
took the two envelopes up, took the paper
out Of one Of the envelopes and put the
bill in; did not see him put the other
five hundred dollar bill in the other en-
velope; am not positive that he did put
in; whether il was the letter directed TO
BabcOck or TO Avery that he put the
bill in ! can not say; when /
went to Liverpool / had no spec
cial business there except TO get out Of
the way; knew was in the whisky ring,
and wanted 10 keep out OF trouble; /
went TO London and Paris, after leaving
Liverpool; then ! went to Rome, where
| received letter from New York, from
my brother 10 return home, but he did
no, tell me that il would be safe for 10
come, and did not think il safe; met
Col. McFall when ! landed in New York,
but the meeting was accidental: from
New York went TO Philadelphia, where
| met District Attorney Dyer, he came to
sec me; / told him what have testified
TO: told Col. Dyer since ! come here
what ! would testify TO on the stand; ]
could not be positive which envelope
saw Joyce put $500 bill in
there has been no pressure TO make
me remember that their was a five hun.
dred dollar bill placed in both the cnvel.
opcs; when ! was before the grand jury
and on my direct examination, ! said
presumed the second five hundred dollar.
was put in the other envelope as we'll a,
in the one saw; ] do not know whether
have been indicted here or not, the pa
pers say am; made no inquiry about
Il; have never been arrested on any in
diclment, can not say why; there has
been no understanding or bargain about
il; there have been no hints TO me that
would not be arrested have no reliance
that will not be; | was before the CRANE
Jury nj the May term but did not testify
that | knew nothing about the whisk!
frauds.
On the redirect examination witness
explained that Joyce was standing up al
his desk when he put the money in the en-
vclopc, and after placing one bank notC
: in one Of the envelopes he turned partially
round, 80 that witness saw only part Of the
; other envelope, and did not see the other
hill put inloit.
Henry T.. Alexander, chief clerk and
teller in the L. $. Sub.Trcnsury in thi,
city, testified to giving two $500 notes iol
small bills To man whom he did mol
know about n year ago, but he could moi
identify Everest rs the person to whom h,
) gave them. In fact he rather thought
, Everest was not the man.
Edward B. Fraser, Of the disiillcry o
llcyis X Fraser, then took the stand fni