The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1876-02-16
A WEAK POINT IN THE EVIDENCE.

MORE TESTIMONY TAKEN - EVIDENCE OF
EvEREsT-A LONG LEGAL FENCE-THE DE-
CIsIoN-ENvELoPEs AND BILLs-THE WIT
NESS ONLY SAW ONE BILL PUT IN, AND
DOES NOT KNOW WHICH WAS THE EN-
vELoPE.
ST. LOUIS, Feb. l0.-In the trial OF General
Babcock to-day, the first witness put upon the
stand was William j. Bsssett, q gauger in the
rims Bassett testified as to the operations which
came under his observation in 1874, and the
winter and spring of 1875 He acknowledged
officers he connived at frauds While at Bevis &
Frazer rectifying house, and used TO find on
Saturday evenings an envelope in his overcoat
Two whisky barrel heads with the
n court sna Rs sSS b6oss om WHICH iSe
stamps We're taken. On comparison Ii was
shown that in each case the stamp on the bar
while the corresponding stub reported on five
proof gallons 10 the collector for Taxation. The
the revenue oficers as form i5a, ana tod how the
disposition of illicit whisky was COW
cred st the rectifying houses. Bassett
NJ. Everst, who testlned that he became
collector for the ring in August, 1874, and con-
S 1872 oollec ions during tnat time ran as o fol-
is' Bevis .asss FT.1ers. slooS . $40 Coming @
airy or early In March, Everest said
that Joyce once sent him 10 the
% s s ply t., wi with o SOD PaeSiisse R OF @
them back, and Joyce put them in envelopes
and told him to take them across the street and
did so. and was asked In he Observed the direc.
tions on the letters. Before he could answer the
defense interposed an osyection, claiming that
Bsbcock S name was on one of these letters, and
/ at the evidence was not competent.
Along srz ument ensued, and dge Dillon then
nj rennRSfld
the counsel to send their authorities to his
room. On the re assembling of the court for the
court is prepared TO dispose of the question
raised on the objection to receive certain evil
dence." The judge then recited
THE OBJECTIONS,
as made in the argument of the counsel for the
defense, and said: Upon review OF the author.
tiles relating TO the subject OF the admissibiity
OF letters by one person, addressed to another
by name at his known postoffice address, pre-
paid and actually deposited ia the postoffice,
we concur, both of rs, in the conclusion, adopt
ing the language OF Chief Justice Bigelow, 10
! wit: "This is evidence tending TO show that
received Dy the persons to whom they were ad-
dressed" The court then proceeded: This
does not even create a legal sssnm ptio,, thai
such letters were acu ualiy received. 1t Is simply
admissible evidence tending, IL credited lby the
Jury, to show the receipt ofsuch letters. fact in
connection with other circumstances to b. re.
/ ferred 10 the jury " der appropriate instruc-
tioDs, as its value will depend upon the circum-
stances OF the particular case IL is objected also
/ that the evidence, If admissible as tending 10
prove the receipt of the money, should
be reported as immateIial or irrelevant, as hav-
Ing no probative force. II IL was admitted here
\ by the counsel for the government that this
was all the evidence which they expected TO
produce for the purpose OF connecting the de-
.endant with the alleged conspiracy, it's con-
elusive character, standing alone in q case
where the defendants mouth is sealed, would
doubtless be such as that the court
that IL could not safely be made the basis OF q
conclusion tnculpating the defendant. It may