New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1876-03-10
THE BABcocK COURT OF INQUIRY.


ALL THE PAPERS IN THE CASE SENT TO CONGRESS-
JUDGE ADVOCATE GARDSER's COMPLAINT TO
Mr. PIERREPoST, AND THE IATTER's LETTER TO
COL. DYER.
WASHINGTON, March 9.-The record of the
Babcock Court of Inquiry and the papers accompanying
f. were sent TO the House OF Representatives to-day
The most important letter in the cases that OF Attorney
General Pierrepont DstrictAttorney Dyer ordering
him to turn over the Judge Advocate OF the Court oil
evidence his possession touching the connection Of
Cen Babcock with the ST. Louis conspiracy In reply to
this remarkable order DistrctAttOrney Dyer wrote or
teegra pied to Mr. PlerrcpOnt but this not being
on file in the War Department, not included In the
papers submitted to-day Col Dyer is understood 10 nave
asked the AttornoyGeneral II he was In earnest IN
Issuing such extraordinary order, and TO have le-
minded him that it is not customary In time OF peace for
the civil courts OF this country to be sub0rdnated to mil
Itary tribunals The Distrcl-AOrney, ia understood,
not only refused obey this order his own account
but told Mr. PerrepOnt that If he disposed to
do So the OF which lie officer would not per-
nit it, This correspondence will require explanation as
much rs the n famous letter Of JAN 26 sud other cir
cumstances attending the Babcock trial. The order to
Col Dyer Is follows:
DEPARTMENT OF JUSTICE, !
WASHINGTON, d. c.. Dee q, 1-75.5
To The Hon. D. P. DYER, u S. Observation-Disclosures ST.
The President informs that the Court OF Inquiry
eonvenes at Chicago next Thursday That Cen B1Dcock
starts meet his trial that Col. Gardner s the Judge
Advocate 10 whom Chicago, you will please send any
d cumenary evidence bearing upon the case, and the
uHnee aud residence Of witnesses whose testimony
Judge important to make the INVESTIGATION th0rougn
II there any evidence additional TO that sent me-
please forward and communicate with the JudgeAdyO-
cate Chicago by messenger or Otherwlse IA you may
lie must safe 70 the end that ms Important INQUIRY,
which will attract the attention OF tho country may be
complete in every respect | repeat what nave go
no g,lilty one to escape. EDWARDS PIERREPoNr,
AttUrney-General
On Dee 49, Major Asa Bird Gardner, Judge Advocate,
wrote from Chicago TO the AduantGenera Of the Army
as follows:
fastened here IN advance OF the assembling of tho
court DO prepared TO proceed without delay;
nevertheless have been unable 10 proceed IN consequence
OF the failure OF Hon. ID. r. Dyer United states At
orCy for the Eastern District OF Missouri 10 obey the
positive instr ctOns Of the Hon Attorney General or
Toe United states. Tl,se teegraphie Instructions were
sent 10 him Dec g. inst and specifically directed that
should be furnished with any documentary evidence
bearing on the case and the and the residence Of
10 make The investigation thorough" copy that
der, aud Of my subsequent correspondence with Mr.
on the sh inst Mr.. Dyer had not furnished me with
any informant Whatever, teegraphed TO him on the
ql lac r. piled with of stcpOgraplic notes IN the
trials VI John Mcdonald and William o. Avery. He has
since sent extract OF the Avery trial. containing
| Mr. Hendersons remarks relative to COL BaDcOck q
pretty full OF which was also to be found IN the
| daily newspapers. As lawyer, Mr. Dyer must have
Enown perfectly well that his reply OF the 9TH was no
answ II TO my telegram neither did It comply with tie
Attorney Generals direction. What required was q
I
evidence on which Mr. Henderson mad based Ills remarks,
80 the Court OF Inquiry when organized could ex-
anime for itself into the matter Up to this afternoon
On Tie evening OF bee 8, Mr. g. G.. Gordon OF The Inter
Dream newspaper reported to substantially that hs
pau had lust received reliable tegraphtc Information
mat Mr. Dyer had publicly stated that lie should furnish
no st OF witnesses documentary evidence. My inter
view with the reporter will be found in that newspaper
for the lutn instant 30 far the avery and hcDOnad
cases were concerned MI HendersOns remarks as 10 Col
abcUck might been based whas he had heard OF
| seen wholly outside the COURTROOM.
IL will be noticed that didn't ask information Ms to
what witnesses might have said or done IN Grand Jury
room; because wien ar. Henderson made his speech
no bill OF Indictment had been iound against Col. Bah
cock and Mr. IL ndersOn was not the proper official to
20 into tue and Jury room, or 10 subscribe 10 such Dill
He WAS the associate Of and temporarily subordinate 10,
Le District Attorney, who by his presence and tacit
scquinsceuce adopted Mr. HendeTsons remarks az the
! authorita,i i've statement OF Government official.
| WHAT witness had said To him or depOsed In at-
days could not be- used before the Court OF inquiry in
tuat shape what required list OF such WITNESSES,
So that try could called To testify IN open court
description the documentary evidence ON when Mr.
udr son bis also needed so tnht IN
Cue course Law a subpoena duces ecu should De Issued
TO tie proper custodian 10 produce them IN court The
Court OF inquiry did not complete Its organization, but
usa n done so could not have presented the Govern
mcuts case N nsequence Of the absolute disregard by
Mr. DYER OF the positive instructions OF his immediate
| Official superior, tie Hon. Attorney General.
Asa Bird GARDNER.
Judge Advocate Of Tne Court