Year: 1876


troduced, and also copious extracts from the
Presidents deposition. Judge Dillon said that
IN all the propositions he had to make he had
the concurrence of his Associate on the Bench,
Judge Treat. lie explained TO the jury the inn
portance of the case and the reasons which had
made it necessary to keep them so isolated. A
high compliment made to the counsel and
the management OF the case on both sides.


APPROACHING THE ISSUE.


Judge Dillon said that two main questions
arose, one as to the existence of conspiracy,
and the second as to the connection Of the de-
icndant with it. The first question required
little attention, as the arguments of the counsel
on both sides seemed to accept the existence of
conspiracy AS proven The second question of
the connection of the defendant with the con-
sDiracy was then taken up. The jury were
cautioned at some length to be on their guard
against the influence of popular clamor. They
were also reminded that the Government owed
a duty to its citizens as well as to its revenue,
and it lay in the province of the jury TO acqut
as well convict. The prosecution had pre-
sented no evidence to show that the defendant
had ever declared his connection with the con-
spiracY or had written direct admission of this
connection. The law, however, did not require
this. Ii was


a CASE OF CIRCUMSrANTIAL EVIDENCE.


1t was right for them to consider the motives
of the defendants. The Government alleged as
the only motive that of pecuniary gain. The
evidence Of Everest, who mailed the letter in
Whlcn he thought Joyce put SoUU dollar Dill.
and the evidence of Magill, who testified to talk
ing from the letter-boX Il similar letter and re-
turning it TO joyce, We're considered, and the
question of credibility left to the jury. The te
egraln>, letters and portions of the Presidents
deposition bearing on the death of Collector
Ford and the appointment of his successor was
read. The question: the Court considered
arose on the successorship Of Ford. The first
was whether the defendant sought to influence
the President on the successorship, and the
Vl hn n he nj # of he
conspiracy, having knowledge of the conspir-
acy. Judge Dillon then read all the despatch
cs of the Spring of ISL relating to Joyce's visit
to San Francisco and Commissioner Dougass's
permits to other revenue agents to 90 out of
their districts. Passing to more


GENERAL REVIEW OF THE CASE.


,tnd the evidence, Judge Dillon spoke fol-
lows: Various Glasses of dispatches, As you will
have perceived, have been laid before you, some
to the defendant and some from him, some be-
tween confessed conspirators not referring to
the defendant, and unaccompanied by proofth
he knew OF them, and other dispatches between
the revenue officers and agents of the Govern
ment. The dispatches between other persons
than the defendant are no evidence to show his
connection with the conspiracy. unless brought
home to him. They We're admitted to show the
nature and purpose and the plan and operation
OF the conspiracy. Guilt cannot be fixed upon
any person by the declarations or statements,
oral or written. of others. Guilt must originate
within Il mans own acts, conduct or admis-
sions. Hence, in determining the question of
the defendants guilt, 50 far as it is sought to be
shown by the dispatches, primary reference
must be had to the dispatches to and from the
defendant and especially such dispatches as he
is shown To have acted on. If the dispatches
to and from the defendant in connection with
the other facts and circumstances in the case
show that he knew of the alleged conspiracy,
and that he was Il guilty participator therein,
the dispatches of hi, fellow-conspirators among
themselves or to others sent for the purpose of
promoting the conspiracy become evidence
against the defendant, but not otherwise. What
weight. if any is to be given to the dispatches
not shown TO have been acted upon by the de-
fendant must depend, among other consdera-
tons, upon whether an answer was called for
or not, and upon his associations with the per
sons sending the same what they import on
their face. and whether he knew that the send
erS We're engaged in the conspiracy alleged in
the indictments for it must be understood that
under the established rules of law the various
acts and declarations of persons other than the
defendant are not evidence to show that he WAS
one of the conspiratorS, for no mans connec-
ton with conspiracy can be legally establish
ed by what others did in MS absence and With
out his knoWledg dge and concurrence. 1t is not
sutncIcnt IN a criminal! case TO justify "a Yerdict
of guilty when there may be strong suspicion
or even strong probabilities OF guilt, nor in
civil cases, preponderance of evidence in favor
of the truth of the charge against the defend
ant; but what the law requires is proof, by le-
gal and credible evidence, Of such a nature that
when it is all considered by the jury giving to
it its natural effect they feel, when they have
weighed and considered 1t all, clear undoubt-
ing and entirely satisfactory conviction of the
defendants guilt. This. and this onlv is re-
quired. lfthuS proved, the jury should convict
but If not, they should acQuit. We trust, gentle
men. that it is unnecessary to remind you that
neither partisan feelings nor outside views
should have the slightest influence upon your
minds As jurors. In every free government it
Is not only the right but the duty of every citi-
zen to form and express on all suitable occa-
Sons his convictions and opinions AS to Govern
mental policies and party organizations. 1t is
natural and proper for him to join such party
AS most nearly accords with his views; but
such views and party associations should re-
main entirely outside of the jury-boX. No pop
ular or partisan clamOrs, no eXtraneolls wishes
or considerations, no thoughts other than those
Which pertain to strictly impartial Justice, can
be permitted to invade the sanctity of the jury
room, or bias, or warp, or even shade its delib-
eratlonS, without the destruction Of the safe
guard TO lite, liberty and prosperity, furnished
through trials bv jury.


Judge Dillon finished reading his charge and
the jury retired at few minutes past l O'clock.


THE VERDICT.


At twenty-five minutes past O'Clock the Jury
in the Babcock case sent word that they had
found a verdict and We're Immediately ushered
into Court. On taking their seats the foreman
handed the verdict to the Clerk, who read it as
follows: "We, the jury, lind the defendant not
guilty" Some demonstrations in favor of the
defendant made, but it was quickly sup
pressed. There general hand shaking
however, and Gen. 5abcock crossed over to
the jury, and most heartily and feelinglv shook
the hand of each iuryman and thanked him
kindly for the verdict The General and his
friends then left the Courl and started for their
hotel. ON reaching the street the party was
heartily cheered by great crowd congregated
in front Of the Custom House, and almost
everybody seemed pleased at the result


TIE TALK AT WASHINGTON.


Washington Special (Feb q to the n. y. Sun


The verdict in the Babcock case did not ex-
cite much surprise here. There were but few
people about the Capitol when the news was
received, as both houses had adjourned early,
on the conclusion Of the funeral orations on the
death of Mr. StarkWeather, of Connecticut The
only member OF the House in the Hall of Rep
resentatlVes when an excited telegraph opera
tor came in and announced what the verdict
was, was Mr.. Randall. the Chairman of the
committee on Appropriations. lie was deep
lY engaged IN conversation with political
friend, and merely raised his head and eiaculat-
ed, 'Grant will not turn Bristow out now lie
will punish him by tying his hands and letting
him alone" EX-Speaker Blaine was found IN he
Clerks office bu>ly engaged going through the
New ork and other papers. When the news
was announced to him he glanced up from the
pages Of the sun, which he was eagerly sean
ming, and said, That's good: there are two
men very much relieved" : and went on read
ing. Somebody standing by said. ''There will
be something heard drop before long. Bristow
will have to walk now" Without looking up,
Blaine said significantly, "Never count your
chickens till they are hached.' | did not at
that time exactly apprehond the 81 igncance of
Blaine's remark in the House Clerks room
about not counting the chickens till they are
Matched. but or my way down from the Capitol
| CHANGED to fall in with a Republican member
who is unusually well informed about what
transpres at the White House. although he is
not a very welcome visitor there. l asked him
what he thought of the news from St. Louis,
and he replied by telling me story. Said he
Il met 4 lawyer yesterday who has been
watching the Babcock trial closely, and reading
the reports in the st. Louis papers carefully, |
and when asked him what he thought of the |
case, he replied that the evidence on the Gov |
ernment side was not conclusive, and until the |
defence began l was quite certain Babcock |
would be acquitted, butmy confidence was con- !