The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1876-02-16
A FEW RESERVED FOR CONsIDERA,
TON.

JUDGE PoRTER's CHARGE - DECISION OF
JUDGE DILLON a FEW WITNESSES RX-
AHMED - READING DISPATCHES - SOME
TELLING oNEs-JOYcE's REPORT.
ST. LOUIS, Feb. A.-Judge Porter, in con.
Guiding his argument against the admission of
the kilograms in the Babcock trial. occupied
nearly an the morning session to-day. His
concusio1 IS were that they were writings, and,
whether proven TO be what they purported in
their origin and des inatiOn, IL was still a dues-
ton or law whether they could be admitted as
evidence. He did not by any means admit
ton had been shown. To the great
M 'jority OF these telegrams, there were pro-
hea1say, mere y letters relating facts and max
ing inquiries which did note pnvey the slightest
ever might b SHOWN OF them or whatever con-
ssrncGn ST be put pn, pBon them, were ad uissibe
been established that Gen. Babcock had
knowledge OF the existence of a onspiracy.
This must first be proven and it had not been
proven. After Juoge Porter concluded, Thomas
j. Walsh, brother -in-law of q N. Mcdonald
and chief clerI in his office when supervisor,
was called and identined several letters and dis
patches written by him at the diciation of
Mcdonald, aud also Identified the signatures Of
himself and Joyce affixed to reports for tele-
opening of the afternoon session Judge Dillon
read the
DECISION OF THE COURT
touching the admlssibility of the dispatches, as
admissibility as evidence OF certain dispatches,
the judges have united in the conclusion,
spects all except two dispatches respectively
dated the Sd and 5th OF December. we reserve
the questions arising upon these dispatches,
which are somewhat novel and peculiar, for
further consideration. All the others are
ceed 10 state and notice and decide.
objection WE are Of The he CPDCn that nss hs
upon the ground that they are not relevant or
material is not well taken. The jury is the con-
questions offact, under appropriate advice nom
the court 70 assist them in the discharge of duty.
telegraph ONCE at washington, was called, and
explained the manner of handling dispatches
in that Office. One OF the dispatches in ques-
objections, the one dated December 5th.
1874, and asserted 10 hsve been sent by
pacEoe of ~ eeSrs OF that o aT W ha%inS besn
lost and only a cDpy was produced. This dis
patch Is alleged 10 have bean an answer to one
sent by Joyce, from st. Louis, to Babcock, and
was traced into the hands OF George Joyce.
signature had not been identified by the prose-
cution, and therefore, Its delivery was only in
ferential: 1he court decided I, at the record
the difficulty in this case. These dispatches are
the ones re erred 10 in Judge Dillon's decision,
EssT Egessr7ed a0Gns Sis opnion. G 00S sni one
OF the presidents private secretaries, was called,
but he could not Identity George Joyces writing.
ningham clerks at the Planters aou e, this city,
tes fled 10 having received and receipted for
several dispatches to Mcdonald and Joyce in
1874 mostly in December. Among them was
one dated December 5th, supposed 10 be the one
reported to have been sent by Babcock TO
Mcdonald and to which such objection has been
made. B. Brown, manager OF the Western
Union Telegraph office in this city, then ex-
planned the man uer In which the records OF his
Office are kept and how kilograms are handled,
both for transmission and delivery. Collyer
then read the following
TELEGRAMs, WHICH WERE ADMITTED
under the courts decision at the opening of the
afternoon session;
WAsHINGToS, Iuly l, 1874.
'Ivph Mcdonald, st. Louis:
Things look all right here, Let the machine
| go. lSigned. JOYCE.
WASHINGTON, II, e., July 5, 1874.
John McDonaldl
Matters are hunky. GO IL lively I'D watch
sharply ISignedl JOYCE.
/ WAsHINGroS, ID. C., July IL, lSb-
Am here Gu my return. What can L do for
our side. Isignedl JOYCE.
| a ST. LOUIS, July Is, 1879.
! John A. Joyce, Washington:
i Sse Maguire's letter to commissioner concern
| ing Busby's house, sure.
ISigned] JOHN MCDONALD.
Here came in several Avery
Concluded ON Fifth Page.