Year: 1876

NOT BELIEVE IN HIS INNOCENCE.


From the ST. Louis Times March 16l


Dean W. Tantcr, of Gasconade county a member
OF the Jury that failed convict Babcock takes excep-
tion to an article in the Times OF the sth inst and
presses his indignation through the columns OF the
Globe Mr.. fainter undertakes to say thar John NJ
Keithley ofSt Charles also member of the Babcock
Jury did make the statement attributed TO him by
the Times fainter also declares that Mr.. Keithley
openly avowed his belief in Babcock's innocence


Mr. Keithley, unfortunately for Mr.. Tainter arrived
In the city yesterday within few hours after the
Iatters communication was made public and Times
reporter proceeded to hunt him up He was found
with very little dflculty. Mr. Keithley is quiet,
assuming gentleman, Of more than average intelli-
gsnce and has deliberate manner of speaking which
readily impresses the bearer that he is telling pre-
cisely what he knows and :.


SAID the reporter-''Mr. Kelthley. have you read
Tainters letter ?"


Mr.. KEIrHLKY-Yes; have read 1t very carefully.


REPoRTER-You sec he charges the Times with having
'manufactured your previous statement and assumes
TO speak for you


KEIrHLEY-And he has spoken or written what is
not true He says tnat after taking the ballot re-
marked that had been a lifelong democrat and was
secessionst during the war; that had there to
perform my sworn duty without party bias that had
done So and believed the man innocent Now, only
part Of that is true. did say that had been life
long democrat and secessonist, and that l had de-
termined to perform my duty and render verdict in
accordance with evidence and law, laid down by
the Court; but did not say the man innocent,
nor did l believe he was entirely innocent In my
opinion the prosecution had not made case war
ranting conviction under the law explained by the
Court, but circumstances remained that warranted
strong suspicion. felt that would like to 60 further
behind the scenes, IL were; that there little
lacking TO prove guilt, and that it existed
where. | knew my duty well enough TO understand
that could not convict on strong suspicion and
explained circumstances pointing guilt, therefore
considered that performed my duty in rendering
verdict OF acquitta.


RKPoRTER-were you not Of the opinion that this
lacking evidence might have been supplied II Judge
Dillon had admitted the declarations of Joyce and
others concerning that letter from Babcock that
shown to the dlstillersY


KEIrHLEy- thought that testimony might have
thrown light the subject and helped US TO
thing that was concealed 1t seemed to me that there
was something behind that we ought to know and l
wanted to know It, hardly know how to convey the
idea to you-hat is, what meant by saying wanted
to get behind the scenes Feeling this way, did not
say believed Babcock was innocent and Mr.. Tanter
has msrepresented me-


REPoRTER-Were you in the habit Of discussing the
testimony among yourselvesY


KEIrHLEY-No, sir; the Court charged us against
that and don't remember OF but instance where
the evidence referred to- that was the evidence Of
that mfn MagilL When court adjourned and we got to
tho jury room we all laughed and said Magiil had lied
papaby false that we could not help saying so.
On that point every man was OF the same opinion


REPoRTER-Tainter did not obey the instructions Of
the Court very rigidy, did her


KElTHLEY-wcll, think not; but in your article of
the Sth to which Tainter takes exceptions you went
further than said did not say he escaped rom the
baf and went off for hours but ! did say he gave
the baili great deal of trouble. He would read the
papers, and in the evening, when would all be to-
geher in the sitting room at Barnums Hote he would
remain inside; he would get outside the door and
several times The truth is he and several others did
not seem 10 consider that any responsibility rested
NM nm Thav aver nj ~
and appeared to be easy in mind as though heywere
not on the jury | had not played cards for twelve
years. but after directed to read the
thought would pass away the time in u game Of
amusement did try to play but made SO many mis-
and my head was full OF evidence could not think
OF anything else When gave this as an excuse some
of them laughed at me.


REPoRTER-were politics discussed among your


KEITHLEY-Very little remember one night some
referred to that outrageous act OF Mcneil In hav
ing innocent shot at Palmyra during the war;
and Woodruff spoke up saying that 1t was perfectly
made up my mind not to talk politics, but quickly
formed an opinion OF man who would approve such
act. Ono OF the jurors was so drunk when the
Judge delivered his charge that ne could not der
stand word of it, and even when he cast his ballot In
making up the verdict he did not understand what he
doing. When we retired to make up a verdict
the Judge told dinner would be brought to u.s.
but reached the verdict soon most Of us agreed
not take dinner until after had rendered
clusion and had been discharged. But this did not
suit several who always thought more Of eating and
drinking than OF the case they were decide. One
as said, was very drunk and he made such fuss we
had to order dinner saw him that afternoon and the
morning after we were discharged and he was
still drunk. While / am the subject of
this case l want to say one thing II was re-
ported in of the papers that the whole jury in
body called on General Babcock the evening he
acquitted That is not true don't know ali who did
go, but do know that neither Edward b. f. Maynor
nor myself went near General Babcock We both tried
to get by without having to shake hands with him in
the court Just after discharged, but he
was right in the way had to go out did not care
about shaking hands with either Judge Porter or Bab
cock; | did want their thanks Every morning
we came into the court room Judge Porter used to
watch u.s. and when he caught our eyes, smile and bow
very pleasantly.


Mr.. KeIthley, in the most emphatic manner corrob-
GRATED his former statements published in the Tunes
OF the sth inst, with the exception Of the correction
made in regard to Tainter's running away from the
bailn.


General Babcock has written lengthy letter TO each
Of the jurors returning his thanks to them for having
tvndicated his good name which he Drized above all
Earthly considerations from the that well con-
cocted persecution attempted to fix upon It," Each
letter accompanied by cabinet sized photograph Of
the writer