The New York Herald Newspaper, February 25, 1876, Page 3

BABCOGK ACQUITTED Judge Dillon Reviews Both Side of the Case at Length. The Evidence.of the Defendant’s Con- nection with the <‘Ring.” THE TESTIMONY OF CONSPIRATORS Character and Reputation to Heavily in the Balance, Weigh | THE MOMENTS OF SUSPENSE. The Jury Return with Surpris- ing Promptitude. gine 2 Sr. Louis, Feb. 24, 1876, Babcock is acquitted. St. Louis is in a fever of ex- citement. Knots of people line the streets and talk about the verdict, which took everybody who had not heard the Judge’s charge completely by surprise. Those who heard it smile and say that after such a charge nothing else could have been expected, Judge Dhillon rewrote a considerable portion of his charge this morning and let the counsel and jury wait an hour be- fore he made his appearance. Strange to say the at- lance was much thinner than yesterday, which was owing to the general assumption that the Judge’s charge would be extremely favorable to the defendart, 80 that little curiosity was felt to learn its drift, Its reading, which was very rapid, occupied from eleven till one o'clock. The charge was much longer than ‘was expected, and, had Judge Porter delivered it, it would have taken six hours at least. Public anticipation was not disappointed. Storrs? face beamed with delight. He kept nodding, with in- tense gratification and approving smiles, to Williams, Babcock’s face, which gave evidence of greater men- tal anguish than on any previous day, also cleared up under this hopeful charge. He looked, when he en- tered the court room, as thoagh he had spent a sieep- less night. His florid, ruddy complexion ‘was some- what faded, his eyes had a dull, watery expression, as if he had wept, and the tacial muscles were evidently stiffened to their utmost tension to meet the ordeal, but at one o’clock, when Porter and Storrs had com- munteated to him in a whisper their entire satisfaction with the charge, he looked greatly relieved. POINTS FOR THE DEFENCE. Judge Dillon emphasized every point for the defence most strongly while passing over the allegation of the government, witha mere recital of portions of the testi- mony. When the crowd of spectators, among whom were all the leading lawyers of St. Louis, tiled out of the court room, after the jury had been sent to their room, the opinion seemed to be universal that the charge was even stronger than that in the McKee case. It was considered remarkable that Judge Dillon, among other things, should have failed to read Commissioner Doyglass’ testimony, saying simply that it muse still be fresh in every juror’s mind, while he took the pains to read almost the entire direct examination of the President, which must have been just as fresh in their minds, emphasizing strongly every word and applying all those portions of the depositions tending to vindi- cate Babcock as conclusive, Another poimt which evoked much harsh comment was that he dwelt with the greatest stress upon the value of the testimonials Babcock had received as to his character, and even de- clared that in some cases good reputation could en- lirely override testimony of a doubttul nature. Colonel Brodhead, who is the acknowledged leader of the St. Lous Bar and a man of eminent fairness, re- marked upon both these features of the charge and ex- ‘pressed a feeling of painful surprise at them. While the Jadge reiterated with much fervor his warnings to the jury against allowing themselves to be influenced by popular clamor he never cautioned them against the immense official influence that had been brought in Babeock’s favor in this case, and while setting forth the great strength of the high character and repu- tation of Babcock he did not say a single word as to the complete equality of high and low be- fore the law, Another point which was regarded by cavilling and acrimonious persons as grossly biassed was that, while discrediting the testimony of self-con- fessed conspirators and vividly presenting to the jury the imminent danger of receiving it credulously, he never even hinted at the universaliy-admitted impossi- bility of convicting a conspirator except through the testimony of his accomplices, There were some peo- ple during recess who shook their heads and said that after this charge no verdict of guilty could be ex- pected; but the result was, nevertheless, a great sur- prise. THE JUDGE'S CHARGE. Judge Dillon said, in beginning the delivery of the charge to the jury, that im all the propositions he had to make he had the coucurrence of his associate on the Benoh, Judge Treat, He explained to the jury the im- portance of the case and the reasons which had made it necessary to keep them so isolated. A high compli- tent was paid to the counsel and the management of the case on both sides, Approaching the issues, Judge Dillon said two main questions arose—one as to the existence of the conspiracy, and the other as to the connection of the detendant with it. The first question es required. little attention, as the arguments of the — co on both sides seemed to accept the existence of the conspiracy as ven. The second question, the connection of the Tofendant with the conspiracy, was then taken up. The jury were cautioned at some length to be on their guard ‘against the influence ot popular clamor. They were also reminded that the government owed a duty to its citizens a8 well as ite revenue, and it lay in the province of the jury to wcquit as well as convict. The prosecu- tion had presented no évidence to show that the do. tendant had ever declared his connection with tne con- Bpiracy or had written a direct admission of this connection, Tue law, however, did not require this, It was a case of circum- stantial evidence. It was Fight for them \o consider the motives of the dejendant The government alleged, as the only motive, that of pe- cuniary gain. evidence of Everest, who mailed the letier in which he thought Joyce puta five buu- dred dollar bill, aud the evidence of Magill, who testi- fed to taking from the letter box a similar Jeter and returning it to Joyce, were considered, and the ques- tion of credibihty left to the jury, The telegrams, let- ters and portions of the President's depositions bearin, on the death of Collector Ford and the appointment o! his successor were read. Two questions the Court con- sidered urose on the successorship of Ford. The first was whotber the defendant sought to influence the President on the successorship, and the second, whether he did this in the interest of the conspiracy, having knowledge of that conspiracy, Judge Dillon then read all ‘THE DESPATCHES OF THE SPRING OF 1874 relating to Joyce’s visitto San Francisco and Com- missioner Dou permiis to other revenue agents to out of their districts. Also numerous letters from joyee, , Hoge and Brooks, and lengthy ex- tracts from the’ President’s deposition, arranged in chronological order and interspersed with comments on then. ‘ost of the despatches relating to the transfer of supervisors and the revocation of the order to trans- fer them’ were also given. Touching the letters sent by Babcock to Mi under cover of Major Grimes, the Court said neither the prosecution nor the detence had produced said letters or shown their contents, and the ‘were not at liberty to conjecture what their con- tents were. Passing to a more general view of the case and the evidence Judge Dillon spoke as folio Various patches, as you will ceived, have been Iaid before you: some to the detend- ant aod some trom him; yin Pe ato Legato Koad rators, not referring to the defendant and unaccom- panied "ty proof that be new of them, and other despatches ae. revenue officers and agents of the government e es between other persons S525 the dafeadant arene evidence to show his CONNROTION WITH THE CONSPIRACY unless brought home to him, They were admitted to show the nature and purpose and toe plan and opera- tions of the conspiracy. Guilt cannot be fixed apon any person declarations or statements, oral or writ- ten, of others. Guilt must inate within a man’s own breast and it mast be ed. by his own acts, conduct of admissions. Hence in determining the question of defendant’s guilt, so far as it is sought jown by the despatches, primary reference must be had to the es to and from the defendant, Soeey, despatches as he is shown to have on. the despatches to and from the delendant, tn connec- tion with the other facts and circumstances tn show that be knew of the alleged he was a participator of bis fellow conspirators ow sent for the purpase of spiracy, become evidence net oiberwise What weight, if an; the despatches not shown to have on by delendan' dera- mast, among consi Udhe, opom whether an answer was called for or not and upon the bis associations with the persons 3 it, but feigte ven to | unless it produces in their mind the fullest an NEW YORK HERALD, FRIDAY, FEBRUARY 25, 1876.—-TRIPLE SHEET. varions acts and of persons other than defendant are not oy show that he was one of conspirators, man’s connection with a ¢on- canbe. established by what others did in ithout his knowledge aad concar- rence. You will also remember, geutiemen of the jury, that. \ CONSPIRATORS in St, Louis testitied that they were frequently warned visits of agents of tho revenue service to investigate frauds in this district, Hence one of the eeaane: nancies am an ean onnneenions intofmation thas giv ‘The letters of Hoge to Bi ham show that earif im 1874, if not previously, he beg Hee nee Wed or posta ae working Caeay ee ently in aid o! ors by conveying the information essential to. the success oF theso fraudulent schemes. Bingham had his distilleries in Indiana apd one here, apd information, given to him by Hoge, was sent to Barton, Bingham's superin- tendent in St Louis, aud by that superintendent promptly communicated to the other conspirators in this city. It appears that Hi was in St. Louis from the 12th to the 19h of November of that year, bis name being omitted from the hotel register until he left,“ About that time the con- spirators here paid him asa bribe the sum of $10,000, and his letters indicate that he worked for a long pe- riod, and down to the’seizure in St." Louis, in the inter- ests of the conspirators, The telegraphic despatches to and from Avery, who was purt of the time chief clerk in the Treasury Department and part of the time cbief clerk of the Internal Revenue Bureau at Wash- ington, are also before you, and also the frequent visits of McDonald and Joyce to that city at times when arrivals at St, Louis by revenue agents were appre- bended, These significant facts it is for you to weigh in order to determine whence the needed warnings to the conspirators came, The prosecution contends that the defendant gave from Washington the information needed by the conspirators here, and aided in prevent- ing the visit here which the conspirators were anxious to avoid. The defendant contends, on the other hand, ‘that Hoge furnished ~ THE NEEDED WARNINGS, and, perhaps, Avery also; that the defendant did not know of the existence of the conspiracy and gave knowingly no aid thereto; that as the conspirators had fullsource ot information through Avery and Hoge they had no adequate motive in seeking his assistance a3 a member of the conspiracy or in permitting bim to know of their fraudulent schemes; that Brashear and Hoge, two of the revenue agenis sent here, were bribed by the conspirators. remains uncontradicted. ‘The facijities which Hoge enjoyed for learning the plans of the revenue authorities at Washington for the de- tection of frauds in the West, Rogers, Brooks and Douglass show, and how he used these facilities for the benefit of the conspirators his letters indicate, In the light of such testimony the jury should examine the alleged connection of the defendant with the conspir- acy here, and weigh acts, conduct and declarations, oral and written. 1t is not so much from Isolated tacts ‘and circumstances, as from all of them taken together and weighed, that a right conclusion can be reached. It may often happen that one or many acts or groups of acts taken separately will fail to establish the exist- ence or nature Of a general plan, when all of them oon sidered together in a careful and painstaking Way show that there was @ general and common plan, and disclose the nature and scope thereof. Some of the witnesses on the part of the government, on material ‘and disputed points, are confessed members of the conspiracy and under indictment therefor, Such a con- nection with the offence makes them accomplices, and it thus becomes necessary that the Court should state tothe jury the law touching the testimony of such witnesses. The rule of law 18 that accomplices are competent witnesses; that means that the parties have aright to have them sworn. It also implies that when sworn you shall consider their testimony. They aro competent witnesses under the legisiation of Congress; they may be compelled to testity. The testimony o! conspirators is always to be received with extreme cau- tion and weighed and scrutinized with great care by the jury,. who should not rely upon it unsupported, most positive Conviction of its truth, It is just and proper in such cases for the jury ‘to for corroborating facts in material respects. It is just and proper to do it, Vut itis not absolutely necessary, provided the tes- timony of the accomplices produces in the mind of tho jury fall and undoubting conviction of its truth. To the jury exclusively belongs the duty of weighing the evidence and determining the credibility of witnesses, With that the Court has absolutely nothing to do. The degree of credit due.a witness should be determimed by his character and conduct; by bis manner upon the stand; his relations (o the controversy and to the par- ties; his hopes and fears; his bias or impartiality; the reasonableness or otherwise of the statements he makes; the strength or weakness of his recollection, viewed in the light of all the other testimony, facts and circumstances in the case, If any of the witnesses are shown knowingly. w have testified falsely on this trial touching. matters here involved the jury are at liberty to reject the whole of eir tes. timony on the trial of this case. The - de- fendunt has produced ah impressive array of witnesses of the highest character who have testifled to his previous uniform and general good reputation as aman of unquestioned integrity, This is competent evidence, and the of the defendant in this respect is a fact to be ighed and considered by the jary, in the light of which they should view all the evidence and determine the question of his innocence or guilt of the crime charged against him in the indict- ment, The above is THE SETTLED RULE OF THR LAW in all criminal cases, as well those in which direct and positive evidence is relied. on asthose in which Sop pronto ghronmaantials _ Jaat ip of the latter kind the evidence of provious good ver has moro scope than im cases where the proof of the offence is positive and direct. In the language of an eminent judge, speaking of this point, ‘Th may be cases so ‘made out that no character can make them doubtful, but there may be. others in which evidence given against a person withoat character would amount to conviction, in which a high character would produce a reaso! doubt; nay, in which character will out- weigh evidence which ‘might otherwise appear con- clusiye,”? So, we repeat the evidence on the subject of character ts a fact fit and proper, like ail the other facts 1m the case, to be bes Se and estimated es Sap jary, who, when forming their conclusions upon the various acts and circumstances relied on against the defenaant, will inquire and determine whether a person whose character is such as the defendant’s has been proved to be by the witnesses testifying on that subject has or has not committed the particular crime jor which he ts called upon to answer. In cases dependin; circumstantial evidence certain rules of law have long been settled which it is essential that you shoud understand and apply. We adopt as a correct exposi- tion of the law on this subject the opinion of the Court of Appeals of New York. First, the hypothesis of delinquency or guilt of the offence charged in tho indictment should flow naturally from the facts proved and be consistent with them all; second, the evidence must be such as to exclude every reasonable hypothesis but that of bis guilt of the offence imputed to him, or in other words the facts proved must ali be vent with and point to his guilt not only, but they must be inconsistent with his innocence. the evi- dence can be reconciled with the theory of innocence or of guilt the law requires the jury to give the. accused the benefit of the doubt and to adopt the former, The burden of proof does not shift in criminal cases, It is onthe prosecution throughout to establish the de- jJendant’s guilt by the evidence, and in criminal cases the defendant not being permitted to testify cannot be called pon to explain or produce any proof until the prosecution by the evidence it actually produces establishes the defendant's guilt beyoud a reasonabie doubt. The defendant, by the policy of our law, cannot be compelled nor permitted to testify, As a substitate for this deprivation the law clothes the de- fendant with @ presumption of iunocence, which at- tends and protects him until it is overcome by testi- mony which proves his guilt beyond a reasonable doubt. “Beyond a reasopable doubt,” which means that the evidence of his guilt as charged must be clear, positive and abiding, fully satisfying the minds and consciences of the jury. It is not suflicient 11 pai case to justify a verdict of guilty when there may be strong suspicions + ng Strong probabilities of uilt, nor, as in civil cases, a preponder- Get of ‘evidence in favor of the” truth of the charge against the defendant; but what the law requires is proof, by legal and credible evidence, of such anature that, when it is ali considered by tho Jury, giving to it its natural effect, they feel, when they have weighed and considered {t all, a clear, un- doubting and entirely satisfactory conviction of’ the detendant’s guilt. This and this only is required. If thus proved the jury should convict, but if uot they shouid acquit. PRRJUDICES AND CLAMORS. We trust, gentlemen, that it is unnecessary to re- mind you that neither partisan feelings nor outside views should have the slightest influence upon your minds as jurors. In every free government itis not ouly -the right but the duty of every citizen to form and expres, on all suitable occasions, bis convictions § an opinions as to govern- mental policies and party organizations. It is natural and proper for bim to join such a party as most nearly accords with his views, but such views and party associations should remain entirely outside of the jury box. No popular or partisan clamors, no extraneous 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 of warp or even shade its delibera- tions, without the destruction of the safeguard to life, Uberty and hyo turnished through trial by jury. It has been and forcibly said that so long as trials Jury retat: us full force, impartiality Sper gee the liberty and rights of the citizon aro ali re safe against despotism and anarchy. If popular clamor usurps the judgment seat the era of Murats and Robes- pierres will return and ireuzied factions sweep away all justice and rights, So will justice be gradu- ally undermined i{ outside infucuces are suffered in- sidiously to enter within that threshold where naught should be known save the sworn evidence in the case the rules of law as pronounced by the Coart—rales which the experience and wisdom of ages have demonstrated to be essential to the ascertainment of truth and the due administration of justice It will be Seed. 6nd ee ad Big blanc Ryn courts and juries, ir in wil sit simply to retiae the edict of ‘ene epinioa to ait this man or convict that one. “thes we commit this case, with all Its issues, to your decision, and may the Good Father of all give you the light to see and the grace to discharge your duty. RENDERING THE VERDICT, ‘The Court had adjourned till three o’clock, and then, at the reopening, resumed its business in the usual way and heard McKee’s counsel in regard to the motion for ‘a new trial in the case of McKeo. Great was the aston- ishment of the Judge and counsel when after ten min- utes the messenger appeared with the annowacement that the jury were coming. Most people thought they crimi- desired instructions on some point or other. After the | first moment of silence and seeing that they were wait- fhe to be askea whether they had agreed. the Clerk in ‘8 low voice asked them the usual question and the fore- man handed up the verdict on apiece of paper. Strange to say, Judge Dillon’s equanimity had completely lett him. He was quite excited and saia nervously, “What is is? What is it?’? ashe took hold of the paper. He passed it to the Clerk, who read in a low voice, “We, the jury, find the defendant not guilty.” BARCOCK OVERJOYED. Babcock had looked terribly pale and anxious, but a gleam of joy lighted up his countenance as he rushed up to shake hands with his counsel, with the jury, and even with three of the prosecuting attorneys, Peddrick, Bliss and Brodhead, The Judge received the verdicy with an expression of manifest approbation and relief, while the audience was silent and quickly dispersed, with faces expressive of great disgust The only ap- plause that greetea the verdict was the thamp of Krum’s hand upon the table, but when Babcock and his counsel! and relatives passed out into the street Post- master Filley and a number of the Post Office brigad: were there to cheer him and to conduct him in triumph to the Lindell, They declared at once that a serenade must this evening be given in his honor, and Babcock | held a grand levee in his rooms at the Lindell, As all the federal office-holders, private friends, army asso- ciates, &e., came to congratulate him and drink bis health, champagne flowed freely. CONGRATULATIONS PROM WASHINGTON, It fairly rained despatches all day, and particularly from Washington, whence they came by the dozen at a time, One of the first came from President Grant, congratulating him heartily, Colonel Eaton had two despatches ready, one announcing a verdict of guilty and the other of not guilty, tobe sent to Secretary Bristow immediately after the announcement, and when the verdict was read he quickly tore up the first and sent the messenger off with the latter. A similar preparation had been made by the defence for notify- ing the President. After the verdict an amusing scene occurred at the District Attorney’s office, where the whole array of government counsel sat joking about the result. They all declared that after the Judge’s charge nothing else could have been expected. Cvlonel Dyer would not say anything more, as he was an officer of the Court. “All I have to say,” he declared, “is that I tried tg do my duty, my whole duty, and that I have not a'single regret to offer for what I have done inthis case.” Of course the news spread like wild- fire, The people at large would not believé the result when itwas announced tothem by those who had been in the court room, and many regarded it as a joke, ~ POPULAR BXCITEMENT runs high, and the charges first spread at the begin- ning of the trial that the jury was packed by the United States Marshal aro again heard uttered as usual by in- temperate and unthinking people. ‘The general sent!- ment of uncharitable persons is that it was the Judge’s | instructions which acquitted Babcock. “It was the best speech that’s been made in this case forthe de- fence,” said a lawyer, and some bigoted democrats went so far as to ascribe the tone of the charge to Judge Dillon’s strong repubhean sympathies and to declare that his intimate relations with the White House made him desirous of pleasing the President by helping Babcock. But after all, they say, if it be con- ceded that the charge acquitted Babcock tne original credit for the result must be given to the President, for the deposition and its remarkable reading by the Judge formed the real pidce de résistance of the charge, and | must have strongly influenced the jury, the majority of whom were republicans, This verdict, it is thought here in well-informed circles, decides the retirement of Dyer, Bristow and Bluford Wilson. Already to-day people joked Dyer about bis approaching removal, Several of the jurors:state that there was no diseus- sion whatever inthe jury room, and that immediately upon the election of a foreman a unanimous yote for | acquittal was cast. BABCOCK SERESADED. At nine o’clock this evening Constantine Maguire, now awaiting sentence as a conspirator to defraud tho government, William Hatch, counsel for McKee and Maguire, and several other friends ot General Babcock gave him a serenade in front of the Lindell Hotel General Babcock and Storrs took a seat in the carriago occupied by Hatch, and speeches were made for about half an hour. There was a curious crowd of about three or four hundred people, among them many gamins and street roughs, and it was remarkable that the utterances of the speakers were only greeted by the ear-piercing yells of the street boys, while the spectators observed a gloomy silence. When several of the serenading party applauded it was quite strange to hear the two or three solitary plaudits in all thatcrowd, Mr. Hatch congratulated General Babcock on his warm and cordial recqption and his magnificent vindication. He denied that any rebel feeling has existed bere against him, Babcock, who looked again like the proud and complacent secretary of the President, thanked him in a few words, and introduced Storrs, who first said his heart was full of prayerful thankfulness and then of thankful prayerfulness and praised tho people of St. Louis as big browed and broad hearted but this praise could not elicit even faint or lukewarm applause beyond the yells already mentioned, and the party, after some eloquent and witty remarks by the younger Krum, adjourned to Babcock’s room for the | champagne. As they did so there were cries of Later 'h the evening the United States Band from | the Government Arsenal gave Babcock a magnificent serenade, holders and the friends of President Grant proposed to give him a grand banquet, but ho deciined, as he leaves | to-morrow for Washington, Porter teft to-night for | New York. THE SPECIAL TERM OF THE CIRCUIT COURT TO ADJOURN ON SATURDAY—THE MOTION FOR A NEW TRIAL FOR M'KEE. After the verdict in the Babcock case was rendered this afternoon Judge Dillon announced that the special term of the Circuit Court, convened to hear these cases, would be adjourned on Saturday morning. Judgo Krum asked leave to file in the McKee case additional grounds for a new trial, covering matter which had come to the knowledge of counsel since the first mo- tion was filed, which was granted’ A motion in arrest will be fled. Some discussion as to the man- ner of taking depositions and about the time to be given the prosecution to flecounter affidavits followed, | and Judge Dillon finally ordered the defence to file | their motion for a new trial to-morrow morning, speci- | fying all the grounds relied upon, The grounds rened upon are the statements alleged to have been made by Mr. Summers, the Pike county juror in the McKee trial previously noticed in these despatches, | wR. RB, M. SHERMAN’S MISSION IN 8T, LOUIS— DISTRICT ATTORNEY BLISS IN HIS DEFENCE— THR PROSECUTION IN THE WRONG-—-DYER APOLOGIZES. To tire Epirox or tur Heratp:— ‘Tho time seems to have now come when I can with | propriety say something in behalf of a deserving sub- ordinate. Mr. R. M. Sherman has been charged by the press with being a* ‘spy of Babcock’s,”and having betrayed the iamterests of the government.. No proof was ever | presented to sustain the charges; but in these davs proof is not needed whore the charge is against a public officer, The procedure }s to make the charge and then call upon the officer to prove his innocence. If he does | not speedily an: if he docs answer he must use due meekness or his | guilt is established; if he has the requisite meekness | and proves himself not guilty the press condescendingly | admits that it “may have been misinformed, though | the circumstances-are suspicious.” Let me atate the facts in Mr. Sherman’s case. As a | result of the whiskey prosecutions in the West a large | quantity of distilled spirits was, by order trom the | Commissioner of Internal Revenue, seized in this city. | It had come from the West, and, juaging from tho stamps, either it was “crooked”? or other spirits used at the West with the same stamps wasso. I made frequent applications for information to the district attorneys at | St. Louis and elsewhere, and the Commissioner of In- ternal revenue directed the revenue officers to aid me, Still every one out there seemed so absorbed in his own matters that I could get no informatian. When i saw that the guilty men were beginning to tell all they knew, or more, | believed that if I had a competent man On the spot he could get much valuable iniorma- tion for t! wernment. to be used here. 1 therefore ied to the Attorney General for leave to send Mr man, who bad charge of internal revenue matters laces in the West, The per- nd in due time the records of tue civil and criminal courts here witl, 1 believe, show how faithfaily aud successfully be has thus far per- forried his mission. Anvong other papers obtained by Kim from distillers, 4 not from Mr. Dyer or auy officer of the gover some fetlers of une Hoge, an absconaig revenue og. They showed that he gave information | from Wasuinaton to the Whiskey King at ie West, | “HURRAGH ROR MaGTLL!?? | His army associates, the federal office- | Sr. Lovis, Feb. 24, 1876. | and were therefore inconsistent with the theory of tho General Baboock Prosecution inst that it was he who was re! upon for the information. Now, bay- ing these what was it the auty of Mr. ‘Sher- man, eithe: acitizen or an officer, to do? Was it to them over to the prosecution and epable them to be suppressed if a desire so to do existed? It seems tome rot. The people of this country do not want any man convicted by the suppression of testimony. ‘They want the whole truth brought out, no matter which side it helps or hurts, Hoge’s letter could be of no use tothe prosecution against General Babcock, while the feeling manifested by District Attorney Dyer, both toward General Babcock and Mr. si ‘seemed to show that no magnanimity was to ted fromhim, Mr. Sherman therefore brought but at the same time took care that Mr. Dyer should be allowed any use that he wanted to make of them, provided he did not suppress them. This did not suit. Mr. Dyer notified the Attorney General that Sherman wasa spy. One ot his assistants gave such @ statement to the pres: peanenting them to say they got it from another person, and when the manuscript was found in the assistant’s handwriting he was com- pelied to hear himself publicly branded as a liar. Mr. Dyer subpoenaed Mr. Sherman as a witness, and then, though challenged, did not dare to call him, and finally wrote Mr. Sherman a letter of apology, and tel- egraphed a halting retraction to the Attorney Gen- e Ir Such are tho facts as I believe them to exist, If so, T submit that Mr. Sherman has not only done nothing censurable, but has done that for which every honor- able man ougbtto commend him. Your obedient ser- vant, GEORGE BLISS, United States Attorney. GATHERING EVIDENCE IN MILWAUKEE AGAINST LEADING NEW YORK LIQUOR FIRMS—MR. RB. M. SHERMAN BUSILY ENGAGED. Mitwaver, Fob, 24, 1876, All the principat distillers of this district were sub- poenaed to-day to appear'at the Collector’s office to be examined by Roger M, Sherman, of New York, re. specting shipments of highwines to Boyd & Co. and other leading Now York firms. The witnesses who testified were William Bergenthal, Charles Gran, Lewis Rindskopf, Aaron Schoentelt, Thomas V’Neil, Henry Shufeldt 2nd Robert Kiewert. Thoy said enough to enable the New York officials to trace the principal shipments from this point. The distillers all testified that the shipments were made to Boyd & Co, for sale ip open market; but itis beiieved that evidence was ‘also obtasned afforaing clews by which large quantities of ‘crooked’? whiskey can be traced to leading New York houses. Mr. Sherman does not give the names ofsuch houses, apparently fearing a general skedaddle of prominent New Yorkers were the facts to leak out before his re- turn, Being interviewed by your correspondent, be admitted that he nad succeeded in obtaining suificient evidence to implicate some leading houses not gen- erally suspected. BEVENUE DEFRAUDERS INDICTED FIELD, ILL. Sprinarieip, Ill, Feb, 24, 1876, The Grand Jury this morning returned indictments against Henry P, Westerman, John L, Smith, David L Thompson, George A. M. Campbell and Albert Smith for conspiracy to defraud the government of internal Tevenue, IN SPRING- WHOLESALE LIQUOR MERCHANTS IN TROUBLE IN NEW ORLEANS. New Onveans, Feb, 24, 1876, The fotlowing named merchants were arraigned in the United States Circuit Court to-day on indictments for unlawfully neglecting to make entries required by law to be made in books by wholegale liquor dealers :— W. Flash, John A. Lewis, James A. Girdnor, L. A. Saxon, of tho firm of Fiash, Lewis & Co., and E. H Fairchild, of the firm of Fairchild & Bingham. THE WEST-CASEY CHARGES—THE ALLEGED COMPLICITY WITH THE WHISKEY FRAUDS DENIED, New Orteans, Feb, 24, 1876. A special from Washington tothe Times says the lead- ing papers in, Baltithore, Chicago and Cincinnati will publish a statement to-day to the effect that evidence has beon forwarded here sufficient to indict Senator West and Collector Casey for complicity in the Whis- key Ring. COLONEL CASEY DENIRS the truth of this statemont, and says he has had noth- ing to do with the Whiskey or Cotton rings, and that his name has not been before the Grand Jury. DISTRICT ATTORNEY BECKWITH says’ he knows nothing of Casey’s connection in any way with whiskey matters. It is understood that in a cotton ease before the Grand Jury as many as fifteen persons who were engaged in prosecuting the claim will be indicted for alleged fraudulent practices, CANADIAN SHIPOWNERS. THE YAST INTERESTS OF THE COLONISTS IN THE NEW SHIPPING BILLS OF 'ENGLAND— LIKELY TO ®AKE THE LAW IN THEIR OWN | HANDS. ” [From the London Standard.} A general meeting of shipowners was held yesterday, at the London Tavern, to take into consideration the position of shipowners, in view of existing and per- | spective legislation relative to merchant shipping. Lord Eslington, M. P., presided over a very numerous | audience. . ‘ Mr. Duncan moved the first resolution :-— ontinual changes in the laws relating to merchant hipping have been most inconvenfent und harassing to shipowners, that such legislation has necessarily | been fragmentary and ill-considered, and that it is | highly desirable that the existing laws should be sim- | plitied and codified; and this meeting is further of | opinion that the support of shipowners will be accorded to any well considered measure necessary for the saving of iife at sea that may be submitted to Parlia- ment during the ensuing session. The resolution was carried unanimously. Mr. Potts, of Canada, while supporting the resolution, said Cana- dian shipowners would fully indorse everything said by the preceding speakers. Canadian shipowners had the opinion that government bad conceded to the Canadian Parliament the right to deal with the question of Canacian shipping, and while they were awarded a fair share of right there was no disposition to interfere with the existing state of affairs, But when from out- side pressure, from groundless, $ickly sentimentality, the Board of Trade, contrary to their better jadgment, had imposed a continued round of perpetual annoy- ances, they had felt it their duty to ask the Canadian government to exercise the rights the British govern- | ment had granted them. (‘“Hear, hear!’?) Canadian tonnage capable of foreign service was now over 1,250,000 tons, which was worth upward of £10,000,000. They | felt ‘particularly aggrieved that one-fourth’ of a crew ould, while in a state of intoxication, be able to stop asea-going ship. Perhaps he might tell them that he believed the Canadian shipowners had every confidence | in the desire of the British government to do what waa Tight if it were left alone, but they had their con- fidence shaken when they found that the British Par- lament was so much Snfluenced by a gentleman who, whatever he knew about the theory, was ignorant o: practical seamanship. He feared they were also losing their confiden¢e in the daily press, which had lashed the public feeling into fury by branding with infamy men who had made this country the Queen ot the Sea, He bad no doubt that, so far as regarded Canada, the Canadian government would take the control into their own hands. PUBLIO HEALTH ASSOCIATION. That this meeting ts of opinion that the recent and 4 Dr. John C. Petors read @ paper Inst evening before | the Public Health Association of this city at the hall of the Academy of Medicine, No. 12 West Thirty-first street, on the “History and Causes of Diphtheria” He commenced by saying that diphtheria was no new dis- ease, as was Commonly imagined, as it was known even to Hippocrates. He then traced its history centary by century up to the year 1850, when it was described by different English physicians. In the year 1807 it again made its appearance, The nephew of Napoleon 1. died, Queen rtenge caught the disease, and the Empress Josephine, died of diphtheria It has been said that George Washington died of \t, but that has not been definitely settled. In the year 1771 Dr. Sard, a physician practising in Now York, wrote a long essay on the disease, which was tfanslated into and Dr. Brittaneau, the celebrated French physici who also wrote concerning it in the year 1821, got reat deal of his information from the work of Dr, ard. Dr. Brittaneau always looked lightly upon tho disease called scarlet fever and declared that in a prac- tice of thirty . years he never lost a caso tiil suddenly cases supposed to be scarlet fover drépped trom him one by one, and he began to study into the causes, Some of these cases were diphtheria, others scarlet fever in a very malignant form. 1t has been settled that scarlet rer and diph- theria are distinet, but the question is still to be de- cided whether membraneous croup and diphtheria are distinct.eThe immediate causes of diphtheria are lack of proper ventilation, inhaling of the poisonous atoms exuding from a person and a want of proper nourishment, thereby predisposing the system to the influences of the contagion. ACCIDENT TO A WALKER. Alaa named Francis Labelle, who had wandered to Newark trom New Orleans, was discharged from the Newark police station yesterday morning, where ho had beon detained agatramp. During the afternoon he started for New Orleans on foot az¢ got as tar as Elizabeth, walking ai the railroad track, when ho was siruck by the y~ eK, ofa ina Whee ap roached him irom the rear, His left leg was broken Rie arm badly Incerated and he also received several scalp wounds, ° He was taken to St. Michael's Hospival, in Newark. DOOR KNOB THIEVES, A novelty insneak thieving isthe stealing of door knobs from both the basement aod apper street doors. Numerous somplaints of such thefts have been received at the Kighteenth precitict station house within the last few days from residents on Seventeenth and Kightocath streets. French, | WASHINGTON. Rejoicings Over the Acquittal of General Babcock. REVULSION OF FEELING IN HIS FAVOR General Schenck and His Relations to the Emma Mine. THE DEMOCRATS AND THE CURRENCY QUESTION Rumored Cabinet Disagreements Authoritatively Denied. FROM OUR SPECIAL CORRESPONDENT. Wasninatox, Feb. 24, 1876, A COURT OF INQUIRY ANTICIPATED IN GENERAL BABCOCK’S CASE. Now that General Babcock has been acquittea by the civil jury, said an army officer to-night, he wit at once demand a military court of inquiry. To such a court, sitting and judging on honor, he can fully explain tho nature and relations of the telegrams which his counsel objected to in St, Louis and which the Court refused to admit aslegal testimony. Army officers hold that such court martial will, as a matter of course, be at once demandéd by General Babcock and granted him, as a matter of justico and a matter of course, as soon as ho demands it, THE FURTHER PROGRESS OF THE WHISKEY TRIALS. : The whiskey prosecutions at St, Louis close, so far 4s can be ascertained hero, with the next trial, that of one Munn. In Chicago and Milwaukee the trials begin on the 7th of March, to which time they were ad- journed, FROM OUR REGULAR CORRESPONDENT, Wasutnarox, Feb, 24, 1876. THE NEWS OF GENERAL BABCOCK'S ACQUITTAL | AT THE NATIONAL CAPITAL—A REVULSION IN PUBLIO SENTIMENT. The news of Babcock’s acquittal has made a great sensation here to-night. It reached the Senate about the time it adjourned, and spread quickly among the members, and is the theme of conversation at the hotels and all over the city. Tho veterans on the ro- publican side of the Senate received it with smiles of satisfaction, while some of the more youthful and en- thusiastic admirers of the administration exclaimed, “Good for Babcock! I am glad he is acquitted.” As soon as tho verdict was received at the White House Colone! Fred Grant started for Willard’s to see a friend who was interested in the case. “Yes, it is good news,” was bis reply to congratula- tions, “I knew all the time that Babcock was imno- cent, and I knew that the only way he could be con- victed would be through a conspiracy.” Colonel Grant spoke of the combination against Bab- cock as powerful and unrelenting, and he said that for a while he was feartul it would convict him, It ts re- markable this evening how many friends General Bab- cock haa, They seem to rise up out of the earth, The unanimity of public expression in his favor fs the sub- Ject of general remark, It reminds ono of the day aiter electton. Aman who had become notorious for his vehement expressions of a belief in Babcock’s guilt walked into an office this evening and exclaimed to a group of acquaintances :— “What did I tell you! 1 always knew that the Gen- eral was innocent Why, bless your soul, there’was nota particle of proof against him. How is aman going to be convicted when all the evidence is in his favor?” ‘The bystanders listened in profound amazement un- til an official at a desk, who couldn’s tolerate so much cheek, said:— , “Get out of this, We've had enough from you.'” But there are afew of the ancient faith who insis, that the jury was packed, &c. THE RELATIONS BETWEEN THE PRESIDENT AND SECRETARY BRISTOW IN VIEW OF BABCOCK’S ACQUITTAL, Very naturally the effect of the acquittal upon the relations of President Grant and Secretary Bristow made a sort of sequel to the news from St. Louis in the gossip and talk about town, The President has victory enough for the present in the acquittal of his private secretary, and for this reasom, if for no other, ho is credited with good sense cnough not to resent the prosecution of General Babcock. It is agserted from the Treasury that there will be no delay in push- 1g the trial of all other cases. The friends of General Bristow say that he has no reason for resigning be- cause of the failure of tue Treasury to convict Gen- eral Bapcock, and declare their belief that the Presi- dent will not make the result of the trial the occa- sion of warring against him. Of course it is’ impossi- ble to repress the expression of a good deal of impru- dent sentiments on the part of people who havo | taken sides in the supposed quarrel between the Presi- de \d the Secretary of the Treasury. Indeed, some | Jeading republican Senators are reported as having said this evening that Bristow would certainly be com- pelled to leave the Cabinet, one of them having, it is alleged, used these words with great emphasis :— “Bristow will heve to go as sure as there is a God.” A well known public official is said to have ex- | claimed :— “Now the fur will begin to fly.”” Apart from tn indiscreet hot heads are the quiet | observers of tho situation, who point out the extreme | folly both the President and General Bristow would be guilty of were they to quarrel at this time oratany time in advance of the Republican National Convention. But after that nous verrons, say these observers, GENERAL SCHENCK AND THE EMMA MINE-—THE INVESTIGATION BY THE COMMITTEE ON FoR- EIGM A¥FAIRS—CORRESPONDENCE BETWEEN THE SECRETARY AND THE MINISTER. The Committee on Foreign Affairs held a lengthy meeting to-day, to consider and discuss the communi- cation of Secretary Fish transmitting his response to the inquiry of the House for the correspondence with Minister Schenck on the subject of the Emma Mine scanaal, The correspondence was far from satisfying the requirements of the committee. Although it gave exact copies of the letters which passed between the Secretary of State and our Minister in London, thero ‘was an ill-defined impression on the minds of the com- mittee that, while the Secretary of State had punctilfously acquitted himself of bis duty in answering the request of the House for the correspondence about the Emma Mine scandal, there were questions that migbt be asked which could be answered most directly by Secretary Fish himself, and papers or other correspondence having a bearing upon the subject which would help to enlighten the committee in their search for a measure or resolution to be recommended to the House in connection with | nister Schenck’s conduct. For this reason Mr. Fish | hag been invited to attend a special session of the com- mittee to-morrow, and to bring with bim all papers, whether of remote or recent date, bearing apon the imprudence of General Schenck and the | alleged efforts of the State Department to procure L& resignation, it is said, im fact, that Secretary Fish, whose uncompromising jealousy for official dignity and decorum is well known, is really anxiousto have Min- ister Schenck tender his resignation forthwith, and, by doing 80, put an end to the present inquiry and thereby prevent the scandal from going any further, to the detrimens of our national pride and honor. Hoe is satd wo feel, in short, that the proprioties have been violated by General Sehenck, but that there is no need of spread- ing the fact betore the world so widely and in so sensa- tional a manner. The correspondence submittea to the committee to-day opens with a letter from Minister Schenck to Secretary Fish, written in 1871. Ho says that the London Economist contains a despatch that a resolution had been offered in the United States Senate inquiring | if 1 were true that » high diplomatic official in Europe bad been engaged in speculating in mining stocks. Ho wanted Secretary Fish to inform bim if the resolution referred to him, Iu response Mr. Fish writes that niothing of the kind bad transpired in the Senate. Gen- eral’ Schenck next writes in explanation of she matter, so erroneously adverted to tn the despatch to the'London Economist, saying that he has invested im the shares of the Emma Silver Mining Company at the request and solicitation of numerous American and English gentlemen of the highest respectability, and, furthermore, has consented to protect bisown and their interests by going into the Board of Directors, In justification of the propriety of his conduct in doing ‘80 he cites the case of the Portuguese Ambassador in England, who is largely and prominently concerned in a London tramway corporation. But it there is aques- tion about the propriety of his holding such a position he will resign, Secretary Fish rejoins with the advice that he should resign, While Mr. Fish thinks Minister Schenck may be at liberty to invest in such an enterprise as a private stockholder he is quite Strongly of the opinion that our Minister to England ought not to remain in the Board of Directors, but should resign his position therein at once, The next communication and the last of the series of correspondence is a cable telegram from General Schenck to Secretary Fish announcing that he has re- signed. Here the matter seems to have ended, so far as the official documents go to show, the government taking no further notice of it until, as is suspected, General Schenck was invited quite recently to resign the Ministership to E a, INDIANA REPRESENTATIVES ON THE INDIANA REPUBLICAN PLATFORM, Senator Morton, of Indiana, upon being asked what he thought of the Indiana platform and resolutions, said with a pleasant smile :— ‘ “There they are; they must speak for themselves, and that js all thero is of the: T had nothing to do with the getting up of them, ana was not consulteg about the matter,’” ae Further than this, he signified that, not having given the subject much attention, he did not care to discuss it for the present, He was in somewhat of a hurry, ag he was on bis way to the reception at the British Minteter’s, He expressed his pleasures at the acquittal of Generay Babcock, saying ho was glad of It, and that the result on the whole, was gratifying. Treasurer New, of Indiana, is represented to have said yesterday to a gentleman that he expected just such declarations to be made by the republican party in Indiana on account of the general feelings of tho people and the state of business there, The Stato would be carried by them and the republican party generally tn the next campaign. While he did not per- sonally approve of the financial policy tberein de- clured, yet, froma party standpoint, he thought, per- haps, on the whole, it was expedient ana for the best that the order of things therein sought should be estab- lished, FEARS OF A SOFT MONEY VICTORY IN THE HOUSE. It is feared by many that the. Southern and Westerm democrats will have strength enough in the House to, carry a resolution repealing the Specie Resumption law, and that when it is brought to the House for ac- | tion, with assistance of the more-currency republicans, they will be able to have it adopted in the House. The Eastern and hard money democrats will oppose it strenuously, and regard the possibility of this measure being carried as simply deplorable, SENATOR MORTON AND THE REPEAL OF THR RESUMPTION ACT. A rumor having been started to the effect that Sena« tor Morton was preparing a speech to advecate the re peal of the Specte Resumption act of the,last Congress, upon being asked if such wero the case Senator Morton, replied unequivocally and with considerable emphasis, “]¢ 18 pot true, I have not thought of do!ng anything of the kind, THE PACIFIO MAIL AND RICHARD B. IRWIN—& LETTER TO THE CHAIRMAN OF THE JUDICIARY COMMITTEE. 3, Proctor Knott, Chairman of the Judiciary Com- mittee of the House of Representatives, has received the fullowing letter, dated yesterday at the Windsoa Hotel, New York:— Duar Siz—The same persons who by secret mis- representations and open perjury procured my arrest by order of the House of Representatives, in December 1874, being again engaged in attempts to annoy me by whatever means may be im their reach, | have reason to believe may try to repeat their trick. i, therefore, take the precaution of saying that 1 am now, and shall be for sevoral weeks, re- siding with’ my family at the Windsor Hotel, in the city of New York, where | will be at any time. ready to obey any subpoena or request to appear befora | your committee or any othef committee, in case my\ further evidence is deemed desirable, although I thin! no fair minded person can read the record of my lon and exhaustive examination, prolonged during many, weeks of last, session, without seeing that I can ‘add! nothing of importance to it. If my evidence should be cailed, I trast it will be before my return to my. home in California, a few weeks hence, both for tha government’s sake and mine, Very res} “pe sag RICHA B. IRWIN, THE GLASS DEALERS AND THE TARIFF BILL. A delegation of glass merchants and dealers frony New York and elsewhere came on here to have theis views in regard toa reduction of the duties on im ported glassware adopted by Mr, Morrison, Chairmam of the Committee of Ways and Means of the House] after hearing them patiently he said that the. articles would have to take their chances in the genoral dis{ cussion of the Tariff bill, and he could not consent to change {tat this time, GENERAL WASHINGTON _ DESPATCHES. Wasnrxotow, D, C., Feb, 24, 1876. RUMORS AND STATEMENTS REGARDING DISA« GREEMENTS IN THE CABINET AUTHORITA= _ TIVELY DENTED. A prominent member of the Cabinot authorizes the assertion thut all pablished reports of serious disagree- ments between the President and any member of the Cabinet are absolutely devoid of foundation in fact; and it is stated on the samo authority that there hag never been, either of recent date or at any time within many months, the occurrence of any event in Cabinet session which could by any possible means bo construed into an indication of bad feeling or premonition of a rupture, Most positively Is this true of late, These statements have been superinduced by many declara- tions to the effect that the Secretary of the Treasury will shortly retire from his present office, and, further- more, that the acquittal ot General Babcock would bo. @ sure promoter of such action on the part of Mr} Bristow, There is direct authority for # contradiction; of this impression, and Cabinet officers say that the/ result of the trial can have no effect whatever in dis~ turbing the harmony of the Cabinet. PROVISIONS OF THE TEXAS AND EL PASO RAIL= ROAD BILE. Tho railroad bill introduced by Senator Hamilton tos, day provides that whenever Moses Taylor, William E, , Dodge, John J. Cisco, Samuel Sloan, John L. Barnes, D. W. MoWillams, James P. Lloyd and Henry G. Mar-| qoand, of New York; Thomas Allen and 8. H. Laflin, off Missouri, and W. J. Hutchins, A. Groesbeck, J. D. Gid-| dings and others, of Texas, or their successors, shall be created a body politic under the style of the Central! Texas and El Paso Ratiroad Company, or are ebal ownel of am oxisting charter, they be authorized to build and maintain a raily road from the western terminus of any railroad now completed in Texas at San Antonio, Austin or Waco to Bl Paso, and bridge the Rio Grando at any point within twenty-five miles of that place. The bill, also provides that if by that timo no California com pany has built a road to & point within 150 miles of tha Rio Grande the above named parties be empowered ta, build westward to meet the Californ‘a road, and enjoy the Texas Pacific company’s land grant for that por- tion of the line. But if the California company reachelt the Rio Grande before these parties have constructed their road to a point 150 miles east of the river the California company 1s to crogs {t and bald eastward om the Toxas Pacific land grant to # junction. A BILL TO BRING ABOUT REFORM IN THE NAVAL SERVICE. » The House Committee on Naval Affairs to-day-agreedi to report the bill heretofore introduced by Representa-| tive Whitthorne, the chairman, requiring the Navyt Department to make a detailed instead of several gen= e ‘imates, as heretofore, for pay of the navy, includ ing the contingent fund and the items for the suppor™ of the civil establishments at navy yards and stations | ‘The same principle is applied to all the bureaus and te the Marine Corps. it is provided that appropriation 9 made for one class or item of expenditure stall not be | used oF expended for any otber clase, Tho bill is framed on the model of the British Budget, and expected, tf passed, to produce a required reform in we baval service, ‘