Indiana State Sentinel, Volume 25, Number 28, Indianapolis, Marion County, 23 February 1876 — Page 6

6

THE INDIANA STATE SENTINEL. WEDNESDAY FEBRUARY 23 1876.

UJkCLE SA31VS CASE..

A SHOW FOR BABCOCK'S SIDE. The Prosecution Offers More Messages and Other Evidence and Yields to the Defense. BABCOCKS BE-5T FRIEND ON THE BKNCU. JOYCE'S LETTERS FROM WASHINGTON -CHE Y ELATED TUE DISTILLERS J OYCE's COKVERSAHON RCLKO CT THE AVERT LETTERS ADMITTED 0K MOP.B WITKK4M1 Fofi THE PROfcECCiIty WIUJAXS AT WOBK 9X the defense's OPKMNQ Bt.Locis, Feb. 15. Upon tbs openlr; of the lUbcock trial, lb counsel lor the g mrnment notified the court that further testlmouy would reach bere from Washlngtonto-morre-y respect IDE the dispatch of Joyce to Babcoci of Decern ber 8, and the -one from P.ibcock i Joyce f Deceaiber 5, ttJ74, which have not yet been ad mitted. Tha court also gave no Ice to tfce counsel that they would not pass -.on the ad misslbllity e the Avery telegranr unt'l the defense bad an opportunity to present evidence mat Avery's name .ras inown to tl.e grand Jury, and was not included la the indictment namitg lbe conspirators. One object.ou to the Avery Leleerama...haLit wanKhowu tbat Avery was lu tneconepi.acy. wu overruled, as the telegrams toemelve tended to snow mau Aiueo. uevis, the dlstilW, was put upon the rand and tefctlCed that Cojeesuowea mm io -pyipii uispatch from Babcoca-ln December, ls.i, and that Lis understanding from It was that the revenue agents were not coding and oa the strength ot the information preparations were njaJe to run crooked. When -Jojce ahewed the srlt13 ess this dispatch, he told hlu tbat everything was all right and to go ahead. The wttnesa continued: Jojce showed me a letter at bis office about three or four days alter I sew theilispatch. lacked him for It aad be gave it to me. i wanted to aa.ilsty my pariner that it was all rlrbL 1 got It In the morning and reterned It In lue afternoon. The defenae objected to the wlun's totaling what was in the letter, and bow It was addreaaed, or even the posuotrk. -The court ruled that the letters ueli was primary evidence, and secondary -evidence could not be ad- ' mltted -until it oaeld be proven that the letter could not be produced. Mr. Bevi was asked the effect of the letter uponnlm. Ihe-delense- objected, but waaoverruled. Tlie wliuemi said that tbe letter aaUsfled him ttat It was all right, and tbat they would not be disturbed in making Illicit whteky. E.B. Frazer, the bu&lneea partner of tne previous witness, was called, and stated tbat. Mr fcevisshowtd him lbe letter mentioned In bis (Kevin') testlmouy c December, 1674. and that tbe ecect ol It was that their bouse recommenced MAKING ILLICIT WHIsKT. On his erofrH-o.xaiulnatiac this witness said be waa pretty well acquainted wlta Hogue, the revenue agent to whom ring money had been paid, bot could not teil Just wfcen he began to serve the ring, nor how he was -cedu:ed into Its service. The witness received various letters and telegrams fron Ilogue. Home of tbe litter were signed ttixoy. He recolleo ed going to Cincinnati to meet ixm oa ore occasion in reference to ..a telegram. llo-uo fctpt tbe ting pretty well advised of the adverse movemenis of tbe avenue x.nts afd ws generally coniimrid -as working conscientiously In the- cause In sprich he had b-ea retained. Tbe witneM was howu eleven letters, lbe writing on whim he idem tried a tbat of Hague, bub be never saw or beaid of the leiten, beiore. M. Harton , .eent or manager '-of Bingham Brothers' dlstblery here, then took the stand and tveUQed to having conulbuL-d in April, l)7a, tiä to a fund-cf o.Utu which was to go to Joyce, -lie had a conversation wlta Joyce regavdlng tbe purpose to -which that money was put. Mr. Storra Nok, If It Is proposed to convict tbe defendant by this conversation, sve object. Col. Dyer Weil, sir, we propone to do ao. Mr. dtorrs Then we object. Judge DillonDo yon seek to show by this evidence declatatloae .of .-Joyoe In courvection with - this transaction to Implicate the- defend' ant? col. .Dyer I do. OoU .Eroadhead Yes, sir, upon the , pr. net pies of tbe ruling lu tbe McKee eae in regard to . I-eaven worm's declarations. They are the tame precisely. Ilq mol fcee .Any. -difference, eujtject to your ruling. Judge DtUou-Yes. lr. .The difference would be tbia: Jn tbe MeXee case, 3. required the defendant's connection with the conspiracy to be established beiore we received the declarations. Mr. tsuirrs A2f IMPORTANT MTFERENCK. CoL JJreadhead 1 was go lue to remark that. I didnU understand the court to require ns to how .that ln.tboMcKee case, but told uslt vonU be better thtt we had ell our own testimony in ix fore Introducing it. Jude Dillon Which was done. Col. Borad.ead vVhlch was done. .Judge Dillon And the we allowed the declarations to go Into ev derce. Col. Broad-head-Of cociae, if your; honor admits that, that wan tbe rullug. Judge Aulion Tuere lrf no dwpnte about tbe law applicable to thlsquesUän. His not conteuded here by tbe counsel for tbe government that anything that Mr. Joyce said, unle.oa the a-anm plion that It Is eetabilsht-d by oibec lean moo y to t he aLsfaction of.tue jury tbai the deieuant here was a member ol tbe conspiracy, nasfny evidentlsl foic aealust, hin. fxtv. cu have all ibe other testimony, tht ii you i.ve it In the tbape of Ulegrioraaaa in iheuicpaof ihec'-au-inmu or wltnesnes ot their own EnoAledg-. how, ithe tesiimony aa to toe declarations of Joyce Is .icrTert-d for the lDdependentjurpos of Rhowiog thattbo defendant was connected with this, cunsp. racy. Ji lbe sonsl hdübi stanza very wll. It la not jompetenU3jtcept4n tbe aasuuiptku thai the defcnoant'aconntcuon with tne ejsplracy is otherwises .on. o, tbe object of this l.6tlmoDjr, as Ii eemato bothef us, la cot lor tbe legitimate piirpoe ot allowing the nai'ire of tbia ooncpircy4 uat,fur the purpose o indirectly doing what the law win loi permit C lrtcily to be duue, namely, tot how Lhe deleani'a connectloa witt. ibe . conspiracy. Ac w, the court has a . dtfccrei lga lu siuh ca-es Ao admit stich testliiony.or testimony of this .character, oa itke aaimptlou that It. may be Anally shown. that the deiendant was eonnected with the cojui piracy, and therefore tlie statement of one ot.te conspirators with anctherln the execution or furtherance . .! the scheme wouLd be .eompeUf.t. ut it is tree that the regular course Is, and, as tha books say, tie advisable ,ourse in .cases of this kind Is to requir tbat Uia connection 6 first establishs l aud, lithtre evr ws a case where thtt should be done It is a case of this cUaraeter. The .character o this man Joyce, the oovluua purpose wCiicb be atems to have manlfeoUd la thU.case to core the ulstlllers to makrfiiUclt whlsty, tbe. Oold Hni deflan t character of Ula perauoas here, maiies It extremely dangerous te receive this kind of testimony:. 1 don't know WHAT HE MIODT HAVE SAID. He mjght have oadexUken to implicate Ua Judicial oDcera of tho government, aud I would tremble for the reputation of tha court if it was go beim plica' ed on the mece declaration of thte man In carrying out his scheme. 'WetkJnkthe testimony, a ta his mer4ee4araUonvouht not to be received. J. J. tfruoss, formerly a revenue agent, but now as.ltant chief ol the secret service division- of Uie treasuty 4-part-men t, test it ed, and corroborated Jörnmlssioaer JJooglass's aeeount of bis efiorts to unearth thefauds here In giving tbe aame dates of consultations, interviews, letters, Wlegrsrns, visits to Washington, FhlladeJpkla, etcijyiiinself and Hogae as were given by Sir. Iougl&ss. He also described his visit to Hew Orleans, and the Selection of iraoan tnere la A prll, liCt, and SKbHeuently his detection of the frauds of lievia . rrazer,. ot thw,iity. va hlscross-exacntoaUon hesaid that he had soma fcS'plelOLj of Hogu 's Integrity by reason of rt ports which eame to him wnlie at New Orleans. HgU9ba4 failed to aaeet him at the appointed time, and did not reach New Orleans uotil after he the witness) had seized the distilleries. There wr evldeocea at New Oi leans tbat tidings of th;lr visits bad ben received in advanef. Again, wLen be and Houe were insu Louis, examining liev'u A r razir's affairs, Iligae did some things wtilcti be (the wl nss) thontchl reprehensible, lie aswicia'wi with Mtzroy too much and went around with tne distiller. He did not know, however, that Hogue was furnishing Information to the distillers at that time, nor did he know tbat 'ilrroy orrlheriwtreeni'iisM in a conspiracy to defraud the government. Tbe witness knew the hand writing of llou, sad hd seen Mm write. Oa the redlrtct examination. Col. Dyer asked the witness by what means be thought the dUtl'ler of New Orleans obtained advices of bM raid upon them, and the defense objected. 1 he question was not pressed but tbe -wi.neas sail, in answer to other qaestion, that several persons at Washington, other than Commissioner Douglas, knew

that he and lIo?na were going there. Col. Dyer then offered some telegrams in cipher, which, tbe defense claimed, were contidentis! dispatches between counsel and client.

A Oer examtQlng them tne court roieu mem oui. They are telecrsms sent from here by Mr. L,uckv. the resident's secretary, to Oen. Bbcockdurtua: lbe McKee trial, acid are under stood to refer almost woolly to business matters between Judge Kram and Babcock, as hla client. Cxl. Uj er then offered what are kewwn as THE AVERT DI5TATCHE9 in evidence and they were admitted. Home nf them toave been pab lsbed tetfore.bat to itww their connectloa ttxey are repeated here: St. Levis. Nov . 23, 1S73. W.'O. Avery. Wash'ngton: D you get my last letter with enclosure? JOVCE. Waswikqtoic, Not. 21, 1S71. Jen A. Joysa, HU Louis': Detter wlUi enclosure received. W. 0. AVERT. WASHiifOTCN, D. C, March 9, 1ST!. If slckneJi of your faml'y prevents you going West, ii, A. Ilogue may pay you a Y1MUMACK WAKHI50TOS, D. March 11, 1871. John A. Joye, tt. Louis: lud ven receive Macks telegram? Your friends will doubt.ess pay yon a visit. Wm. O. Avfry fiT. Ix)Cis, March 11,1871 iVki Wm v AwrT. Vw ashii eton: TeUrram received. ftrt fuuday night for Han l runcit.cn. All nerlect here. J. Aug. S, 1S74. Col. Wm. O.Avery, Washlrgton: Have friends started West again? Find out. Let me know. A. St. Louis, Aug. 26, 1871. Col. W.O. Avery. Washington: Are filends coming West? See U. and give me soundings. A. Oct. 17. 1871. John A . Joyce, ft. Louis : Tour friend is la riew tora ana may cuiumu to sea you. AVERT. St. Louis,Oct. 18,1871. Col. W. O. Avry. Washlrgton : Olve me something positive on movement of friend. Act surely and promptly. A. n regard to tKe dispatch signed "Msck," the court said to the Jury : There la no evidence before you as lo who sent It, or wboe handwriting it Is in. Col. Dyer-lf tbe court please, in reference to the dispatches that your honor holds snd have not ben admitted in evidence, dated December 3 and &, 1S71, the government is not prepared now with the testimony to prove the handwriting of the man who received them and receipted for tbem in Wasblngton. But will to-morrow, or certainly by next day, if the gentlemen on the other side will kindly consent that the witness, when he arrives, may be introduced during tbe hearing of their 8ldeofJie cae. I think, with the examination of trat witness, tbe government will rest its case, with the understanding that the centlemen will allow all the evidence necessary to establish tbe receiDi for Heese two dispatches to be introduced nereafter. Tbe court then adjourned to give Oen. Williams, who will open the ease for the defense to morrow, time to look over the evi dence and prepare his speech. TESTIMONY FOR TOE DEFENSE. Williams's speech evidence of -sen BtKEa AI OTHERS ABOUT -WASHINGTON BOMB NEW LETTERS THE CORRESPONDENCE Of HOGUE WITH BINGHAM. St. Louts, Feb. 16. Immediately upon the opening of tbe United States Circuit-Court this tnornicg, ex- Attorney G sneral Williams rose and addressed tbe jury, opening the defence ci Gen. Babcock. The court room wan thronged, the greater portion of the audience being attorneys. Very few-of the government witnesses were present, the most ol those from Washington having feeen discharged 'from Bervice aud allowed to leave tbe city. Gen. Williams devoted considerable ticce to an argument on tbe protoabiliiiej in tbe case and to a criticism ol the evidence lor tbe .government, aaaaming tbat what tbe government bad presented was competent evidence, which was by no means admitted, Gen. Williams aaid that the case might present some suspicious circumstances, but by no means tbe ground on which to base a conviction, tie then proceedfd witb some explanations which would throw a different light -upon tbe communications between Babcock and tbe ring. At tbat time, he said, Joyce and McDonald were trusted oßclate, men of influence and possessing tbe confidence of good people. Babecok, on tbe other hand, waa warm-hearted, confiding, generous man, - who did not 5;ive up a friendship onee cemented or tbe whispers of calumny. Everything presented by tb9 prosecution -was incomplete and could not bat leave a ,painfulnncertainty in every mind as to whether it was to convey a proper suspicion or to simply indicate a weakness of tbe Judgment, to which every one was liable. Tbe quantity of this. kind of evidence, t&id Gen. William, avails nothing. A house is made of bricks, but a million of bricks scattered over an acre of ground does 'not make a house -any moia than two bricks do. Alexander P. Tutton then took the stand atd tsstirjed: ii am fupeivi-or of the internal revenue for the State of -Penn sylvania, New .Jersey, Delaware, Mary land .and toe Ubtrict of Columbia. I have been supervisor sLice 1SCS. I am, I think, tbe oldest aupervior ln tte country. .1 remember an order transferring the supervisors. In Janeary, 1375, such an order was xna!e, and under it J was to be transferred from Philadelphia to St. Lonif, and ordered to report here on F ebruary il5'.b. I visited Washington in February in .regard 'to .this crder, and reached there on the 2i of the month. Tbe witness .prec&sded: ii bad a conversation -with the secretary. lie directed me to call on the president and state what.1 had said to him. It was aioatill o'eioak a. m. .1 called atonce at the -executive mansion and taw tbe president. J said that J had been ordered by the secretary to report for dnty atiSC Loois and it wocld be very inconvenient to me tc go and impossible, II tbe translet wai to. continue fojr any length ot time. Iihad property and personal .matters to look aftr at home and would not move my .family to St. Lmis and wot Id not come w ithout tfcem.; that It this order was enforced it would Oe necessary for roe to resign. The president said that he was sorry that it ?onld inconveclence me, but it was tboughtbat a great deal of fraud was being com nit ted in St.Xcuis andiChicago and tbat tbe order .was a?ade to .detect these frauds; tbat while he didn't tink tbe officers of tbose places were involved, he did think that FRAUDS -WEHS BEINS COMMXTED, and that a change ol officers was oeceesary la order to suppress these frauds, th&t there had been coc&ideraWe political icfluence brought to bear on him to lntfuce hlsa to re voke the order, but he thought It necessary to carry it out to prevent thene fraud.. lie tbosht the officers of the districts bad to do thlnrs in a routine war and the dlalller knew their time of doing things and took advattrage or teat to commit tbe traad; tbat Si new officers were sent here Lbev would -change this routine and run across tbe frauis. I said it was a mere personal matter witb me, and if 1 resigned he had a score of men to pot in my place who would be willing to go to St. Louis. I aaid to him: I have views, it you have time to listen to them. lie Mid he bad, and I endeavored to repeat what I bad said to the secretary. I told him that, lodging by my experience,' this change could not ho productive of coed to any extent; tbat notice bad been given through. the press of the proposed cbangfj acd the parties interested, officers as well ai dUtiller", had several weeks notice a nd whatever evidence of frauds there were would be covered up and all the evidence concealed. By the time the new officers could get to tbe places. everything would be running straight and no good could be accomplished, as far as detecting frauds ttat were already com

mltted; that It might prevent frauds in

future but could not discover tboee already committed. I stated that a better and more certain way of getting at the frauds was to send some good man or men who were reliable and who had a good knowledge ot what could be done to those points secretly, and such men would be able to detect the&e people ia tbe act ot fraud. In tbia way, the proof could be gathered for a seizure. As they had not confidence In the local officers, they a.Iht transfer new supervisors to those places to make tbe seizures and push the punishment and forfeitures. I said that if THIS ORDER WAS REVOKED it would throw the distillers oft their guard again and the opportunity would be a good ne to send on detectives secretly. I told him that I bad said to the secretary of the treasury that I believed that Mr. Brooks would be a good man, and that if he could be sent out there without the parties knowing be was going, he would be able tc get at the bottom of the frauds. The president Bald that the more information he received tbe belter be waa satisfied that thia order woold not accomplish the purpose intended and be said be would suspend the crder tbat day. This wa? done that day, the 31 ol February, I think. I vent away the next day to Baltimore, where I bad a good deal of busiues. THE STORY OF A LETTER CARRIER. TESTIMONY AS TO BABCOCK's CHARACTER SHERMAN ON THE STAND lOTCE's PARTY ZEAL TWO OF THE M08T IMPORTANT BITS OF EVIDENCE RULED OUT THE TWO LETTERS CONTAINING fdOO PRESIDENT GRANT'S DEPOSITION. St. Louis, Feb. J?. .Upon the resumption of the trial of Gen. Babcock this morning in the United States Circuit Court, a number of witnesses were put upon the stand to testify to tbe character of tbe defendant. Gen. W. T. Sherman testified: I am general of tbe army of the 'United States. Have known Gen. O. E. .Babcock intimately. I have known him since 18(31, but my better knowledge ot him dates from the time be brought me a dispatch at Savannab from Gen. Grant. Since tben I have known hint almost constantly. Ills reputation has been very good. I never beard it questioned until tbese trouoles. I have seen Gen. Babcock a hundred times in tbe room in tbe executive mansion nect to tbe president's room. It might be called the ante-room. Tbcce who go to ties tbe ores! dent see Gen. Babcock first, and perhaps ac complish tbe object ot tbe visit witb out seeing the president at ail Gen. Babcock also opeps tbe letters, a is tn out es mem and answers all except tbe most important. lie is a kind of intermediator between tbe people ana tne president. Testimony as to bis good character was also given by uan. Jas, 11. Simpson, of tbe corps of engineers: Gee . W. S. Horner, Capt. L. 8. Babbitt, com manding the ot. -Louis arsenal; Gen. f. B Sturges, in command of this post; the lion E. A. Borie, ex-secretary of tbe navy. At this point exGov. Fletcher was pot upon the stand and identified several letters from Babcock to Joyce as placed in bis possession a lew weeks ago by Mrs. oyce Only ONE OF 'THESE LETTERS was read at this stage of tbe trial. It was dated March 17, 1C74, and directed to Joyce, In San Francisco. It is in reply to Joyce's message to Babcock: "Tell Douglas to ral off his scandal bounds, tbat only blacken the memory of Ford and friends." -Gen. Bebcock Informs .Joyce tbat there are no charges against Ford, and tells him that b e believes tbat he (Joyce) was sent to San Francisco because of his high stand ing with tbe commissioner. Tbe defense tben introduced two letters from Deputy Commissioner H. C. Rogers to Gen. John McDonald, dated respectively Wasblngton, March 3 and March 22, liw5, to show, as the counsel said, that as late ae tbe date of these letters, there was no suspicion ol Gen. McDonald, either by Rogers or tbe department. Tbe first letter asks, in behalf of Rogers and commissioner Douglass, that McDonald woold find a place as deputy collector in Arkansas or elsewhere for -a yoong man well-Qualified for such a posi tion and states that such a lavor on tbe pert of McDonald would bean accommodation to a member of tbe cabinet. Tbe other letter refers to the probability of the appointment of Mr. Douglass to a judgship of the Court Of Claims, and solicits McDonald's influence in bis own behalf for a place to be made vacant by the retirement ot Douglass. This letter was referred to by -Rogers in bis testi mony. E. A. Warner, cashier ol tbe Lin dell Hotel, testified that Hogue was at tbat botel in November, 1874. len. J. Lu r dllerton. a lawyer of this city, testified to know ing Babcock in tbe aimy during the late war and, since tben, in Washing ton. Ills reputation was good. Three gentlemen . connected with the postomoe of tbia -city testified aa to tbe street letter-box system here, stating that it was ucsile to deposit valuable letters in the boxes and that the public bad been repeatedly cautioned against doing so. There was so rule or regulation prohibiting it, however. The deiaase tben introduced several letters from Joyce to iBabcock, writ ten at different times from 1&70 to 1873. Some ot them enclosed KOITO RIALS WartTEH BY JOYCE and published in the St. Joseph (Mo.) Herald on San .Domingo affairs and were designed to show his zsalousneas In political matters. Another from Little Rock apprized Bab cock ot the election of Powell Clayton as United States senator and stated that the eleetlon would carry Arkansas for Grant, and another enclosed resolutions to tbe memory of Charles W. Ford, ado pod at a public meeting here sooa alter tbat gentleman died. The answer to tbese let ters were tben produced and read. also two or three others. All of these letters are of a social naiure and Indicate tbat tbe writers of then were on friendly terms, but .contain no allusions whatever to ring mattecs or any thinir connected with revenue Affairs. C. C. Dickinson, cbiel clerk of the first comptrollers office of publie buildings and grounds under Babcock, was tben called to identify for the prosecution tbe signature of Gtoo. 8. Joyce, the doorkeeper at tbe t re dent's tnansioa, to whom the dispatch or April 23, 1S75, addressed to Babcock, was traced, but idled to satisfactorily Identity his Signatare. Tbe court tben ruled on the three dispatches which have been held in reserve two or three days.. The following was admitted : Sx. Louis, Dec. 3, 1874. Gen. O. E. Babcock: Has the secretary or com missioner ordered any body here? Signed. J. The following two were ruled out: a Washington, Daa 5, 1871. John A. Joyce, St. Loufe: Can not btar that any one nas gone or Is gvilug. Siloed. O. E. Babcock. St. Louis, April 23, 1875. Geo. O. E. Babcock, Washington D. C: Tell Mac to tee Parker, of Colorado, and telegraph to cammissionei to crush out St. Louis euömies. (Signed) Grit. Regarding tbe last dispatch, the court said tbat altnough it was admitted to be ia the handwriting of Jojco and tbat it had been sent over the wires, there was no proof that the defendant had received it, or It he did receive it that he knew from

whom it came, and there was no prool that it was ever answered.

A letter carrier's queer evidence. James Magill, a letter, carrier, tben testified: In the Jatter part ol February, 1875, 1 was coming down Pino street, near Fifth. Mr. Joyce accosted me and said tbat there were two letters In the street letter box which he wished to get back. He pointed to tbe box on the southwest corner of Fifth and Pine. I asked Colonel Joyce to describe the letters before I opened tbe box. He said that one was ad dree sei to W. O. Avary, Washington, D.O., and marked personal in tte corner, and the other was to O. E. Babcock, Washington, D. C, also marked personal. I opened the box, although it was off my district, and searched among tbe letters and I lound the two aud handed them to Col. Joyce. Storrs Did you get a receipt? Witness N, sir. Storrs Isn't it customary? Witness its. It is. I said, look here, colonel, I want a receipt. If you want to put them in tbe mall again I will go w'th you and see it done. Storri What aid he say ? Witness Ele said, 4 Ob, that's all right, huukidorl," or something like that; "it's only a blind." Storr Is it freanenttOEive letters back? Wifces No, sir. Storrs You some times do i ? Wit ' ness On a business route it is frequent; thai is, letters are put in and the parties forget an Inclosure or something like that, and they are returned to them. Storrs D d you report that matter to tbe postofflce? Witness Xo, sir. Storrs Why? Witness Well, I thought it was so frivolous that there wasn't any need ot saying anything about it. Storrs Did you usually report? Witnetr I usually carried blanks in my satchel which 1 had parties sign who wanted letters back, and tben I compared the writing. Storrs How did you happen to remember the time this occurred? Witness I was HOUSE HUNTING ABOUT THAT TIME. I t&i been looking around four or five days tor a houso. I had fust been to the poly-, technic, looking for a man who, I had beard had a house to rent. I was on my way down to make a collection. It was my day to col lect lor seven other carriers. Tbe cross examination of this wltrjess was long, fcbaxp and thorough. The witness bad been a mall carrier five yeais. He never gave letters to Col. Joyce ai any other time. It - was a frequent thing to return letters on business routes. le recollected tbe circumstances rarticurly, because it was eff bis bea. lie bad opened boxes frequently on business streets and returned letiers, but he could not recollect the names of any persons for whom ' be bad done it. When pressed very hard the witness said that he had returned a letter to George W. Fishback. He had returned tbem to many bnsines men on Main street, but could not swear to any particular firm. He was repeatedly pressed to recollect tbe name or anybody eise lor whom he bad taken let'ers out of the boxes, but be could not remember one. He rarried blank receipts and had receipts with . him when be gave tbe letters to Joyce, but Joyce refused to give him a receipt, saying, '"Oh, that'. all right; bunkidori," or someihing ol that sort "it'n only a blind." It occurred on the labt day of February, 1873, about 1 o'clock r. m. He did not tell tbe postmaster about the matter, nor any one else about the office, lie mentioned the matter first last Saturday night to bis wife. He bad been reading in tbe papers tbe testimony ol Mr. Everest about putting tbe letters in tbe box and recollected tbat be bad given Joyce just such letters. He ruminated over tbe matter a while and tben teld his wife. The next evenlrg, Sunday, alter going off duty, he went to tbe LI od ell Hotel, saw General Babcock and told him the circumstance and Babcock sent him to Judge Porter, to whom HE REPEATED HIS 8T0EV. He gave the full details of tbe matter to lo one, but Storrs and Porter, outside his own family. No one bad been to s him about it before be went to tbe LindelL He consulted with no one but bis wife. He repeated the addresses of tbe letters given to Joyce as Gn.O. E. Babcock and Col. W.O. Avery. He would no; admit tbat he had talked about tbe matter to any body except some letter carriers at the poatoffice to-day. Col. Dyer pressed him very htrd, but he would not acknowledge that he had any intercourse or conversation with any other than three mentioned. The witness then went Into a long account of his various occu pations since he had lived In tbe city, but gave nothing more bearing on the case. It is understood that tbe prosecution will offer testimony ia rebuttal of this evidence to morrow. Mr. Storrs then asked for tbe deposition of President Grant. It was produced by tbe clerk and raad by Judge Porter, As several objec-ions bad been made to qnestions and answers, Judge Dillon during the noon recees looked it over and marked tbe objections over, ruled or sustained, leaving tbe deposition, however, tt is said, in very nearly tbe same form as It was originally. This document, so far as Is known, was surreptitiously obtained last night and telegraphed in full to a Chicago par er. For this reason it is omit ted la tbese dispatches. It is said that no blame can attach to the counsel on either side for the publication In advance of the deposition. It was on file in the office of the clerk of the court, but whether it was procured from tbat office, or whether a copy had been made which fell into tbe bands of some enterprising reporter, is not known. After reading the deposition Mr. Storrs offered tbe recommendations in favor of the appointment of Gen. McDonald as supervisor of this district, but tbe court ruled tbem out, and the defense closed tneir case. Adjourned. FRIGHTFUL DISASTER. COLLISION IN THE ENGLISH CHANNEL A LOSS OF 52 LIVES. London, Feb. 17. Tbe Press Association furnishes tbe following: The steamer Franconia ran into the steamer this afternoon. Tbe boiler of the Strath Clyde borst, and the sank immediately. Fifty-two of her passengers were drowned. Five have been landed at Dover, and four others are reported to have been saved. Smith, Suodins A Co., the steamer's agents, report that tbe Franconia has put into Dover. She hsd her bows stove in at tbe water line. Tbe following particulars of tbe disaster have been received: Tbe s'eamer Strath Clyde, which sailed from London for Bom bay, bad been Into Dover Bay to land her pilot. As she was steering out again, about a mile from tbe admiralty pier, she was caught by the strong tide which turned her bow toward the southeast. The steamer Franconia, which was coming op the channel, ran into her with great force, on her port quarter. The collision occurred at 4:39 p.m. Two minutes afterward the boilers of the Siarth Clyde exploded and tbe steamer went to the bottom. The Franconia tvas badly damaged, but kept float. It is thought that all ber fore com partment platen were cirrled away. Two tugs immediately tcok her in tow. Tte weather was cleat and the sea calm at tbe time or tho disaster. The Dover li e beat was launched but was unable to reach tbe scene in timo to rescue any of the Strath Clyde'B passengers or crew. LsTKR Eleven persons were saved and 58 drowned on tbe Strath Clyde. The Tinna repor's that tbe captain of tue Strath Clyde and 28 more survivors of the d.saster have landed at Deal,

CONVICTS CAUGHT.

Locomotive Thieves in Limbo. BACK TO SING SING. A PART OF THE QANO WHO ESCAPED FROM NEW YORK PRISON IN A LOCOMOTIVE ARRESTED FOR BURGLARY IN PHILADELPHIA The Philadelphia Times of Wednesday says: The importance ot the arris: made by the police in tbe den in Iiainbridge street, on Sunday morning, was not appreciated until the arrival of two officers from Siog Sing prison, and their subsequent interview with the gang developed tbe fact that two of tbem ' belonged t the party who made tbe famous escape from Sirg Sing prison about a er since in a locomotive. 'I"ggy" Dougherty's old den, No. Gl I Biih bridge streut, Utely under tie npervisioo" of Join Wa'.ker, alias "Ski Ja," has lor some time pat been under the virveillance of the police, ai d oa S jndsy mornliig Chief of Police Joue-, D3tei;tivfS Tryon and Jackson, Lieutenant Crout ana eleven reserve officers made a raid upon the establishment, capturing eight men comfortably ensoonsed in tttlr ed, and a quantity of burglar tools. The men were taken to the central station, where they gsve the names of John Walker, alias -Skids," William Wiigbt, John Gord in, John Jordan, John Stephens, James Biker, George Gilbert and Tuomas Jordan. Ttey were given a hearing betöre Alderman Carpenter, and the police officials stating tbat ttey were suspeeed of beiug implicated in several RECENT BURGLARIES, tbe prisoners were committed in default of $2.500 each for a further hearing to-day. The gang were strongly suspected of being concerned in the burglarious attack made upon Mrs. Col. Harper's residence, Roxborough, early on Thursday morning last. At that time the polica made an attack upon the burglars, who, instead, of retreating, drew revolvers and fired upon the officers. The police in turn began firing, and after a lively fusilade, thirty shots having been fired on each side, the robbers retreated in the woods, - leaving upon the ground one of their number, Frank Maguire, severely wounded. Maguire was taken to the Pennsylvania Hospital, where be now lies, and, it is supposed, "peached" upon his comrades. Four of the gang arrested in the Bainbridge street den were placed in cell No. I, at the Central station, and two reserves detailed to guard them during Sunday night. A window ot tbe cell laces opon the yard Immediately in the rear of the Central bearing room. A newspaper man, while in the yard, discovered amid the singing and hilarity of the gng, the sharp cutting Bound of a saw. Word was communicated to tbe officers and and fonr oi them entered tbe cell, discovering tbe prisoners in tbe act of sawing through the iron bar, having ALMOST SEVERED it. A case knife, nicked similar to a saw, was the instrument employed. It 1b supposed tbat it was smuggled into tbe cell concealed In tbe dinner furnished tbem by a friend. The prisoners objected to being removed, bt the exhibit of a quartette of cocked revolvers finally induced tbem to submit, and they were transferred to securer quarters. Owing, it is supposed, to Maguire tne wounded man's confession, the Sing mg autnonties were teiegrapned to vester day, and last night Captain Hilbert and Officer James Jackson, of Sieg Sing Prison arrived at police headquarters in this city. ana upon viewing tne prisoners it was found tbat two of this gang of eight were part or tne party or nve who, nearly a vear ago, escaped from Sing Sing Prison by steal ing a passing locomotive on tbe ew York Central and Hudson River railroad. STEALING! A LOCOMOTIVE. At tbe extreme northern end of the prison grounds, two hundred yards from tbe main entrance of tbe prison, two sentinels are sta tioned day and night, with loaded rifles, The railroad track runs through tbe prison grounds, and co person is allowed to walk tbe track without a permit. On tbe day of tne escape tne eve, together with more than a hundred prisoners, were working in tbe paison quarries, last outside of the walL There is a high hill to the east, and a tramway had been built from the side of tbe hill over the railroad, to the bank of the Hudson river, where a new whart was being built. Over this tramway tbe 'earth was carried In barrows to tbe wharf. At 7;30 o'clock in ths morning a freight train approached at a very slow rate, baying hardly got started aii6r a stop for water at tbe Sing Sing sta tion, about an eighth of a mile to the north. As the engine approached, five of tbe conyicts made a break, ran upon tbe tramway, and tbence dropped to the tender, and. overpowering the engineer and fireman, took pw8988ion of the engine, uncoupled it from the tender, opened the thrpttle, and maae A BREAK FOR FREEDOM. The engineer, before leaving his engine, pulled the pump wide open, and, as soon as the convicts opened the throttle, tbe rush qt water was so great that one of the cylinder beads was tmmediately blown out and the escaping steam so enveloped tbe engine that the guards could find no marks for tbeir bullets and the convicts actually rode out of prison in a cloud of ateam. The locomotive went at lull speed nntil Tarrrtown was nearly reached, when the other cylinder head blew out, and the engine, of course, stopped. The convicts then eecaped to tbe woods and tbence to Hew York City, and, although an active search was made, nothing more was beard of ODy of tbem till the two were arrested there on Tuesday. The blowing out ot the second cylinderhead was all tbat saved the five convicts lrom almost Instant death, for the superintendent of tbe railroad in the Grand Central Depot, New York, having heard of the escape, immediately Bent an order by telegraph for a switch to be opened at Tarrytown which would throw tbe locomotive into the river; and the Tarrjtown station agent, although he did not know what it meant, obeyed orders and opened tbe switch, and stood at his post to see the locomotive make the plunge. THEIR PEDIGREES. Stephen Bayle, who gave his name here as Baker, one of the convicts who was cap tured here, was the ring leader in the plot to escape. He is 32 years old, a native of New York, and was under a twenty years' sen tence, ten years for shooting an officer and ten years for bnrglary. An Indictment for tbe murder et the sbeiiff of Kalamazoo county, Michigan, is also banging over him. Fowler, alias Wood, who called bimsell wm. Wright, tbe other captured convict, is also a l alive of New York,' and Is 23 years old. On a plea of guilty of bnrglary in the third degree, on tbe 18.h of February, 1S74, Recorder Hackett sentenced titn to fonr years and six months Imprison ment. Boyle is a'so one of Recorder Htckett's '.'Jong term" victims. Tb Sing Nlnar officers took the prisoners to New York in a late train last bight. A West Hill boy, says the Burlington Hawkeye, came in to bis mother the other day witb two yawning rents in his trousers. His patient mother sat down, after administering the necessary counter-irritant, to re

pair the gsrraent, and was shocked to bear her darling tell f.is sifter that " mo'ber was an old devil." " Harry," she criid, " what did you say?" "1 didn't say nothing. in3tuT." " Yes you did, Harry. You said t af I was a devil. What did you mean by th V "Well, it's so, mother; 'cause rry Su: day cool teacher told me tbat nobody but ' rtev'l 8o"ed laren."

Ayer's Cherry Pectoral. For Eiuet of the Tkrwat and Lans, snch U Cczgli Colds, Whoopiag Cough, Brsnobitis, Aitama ard Coaraxptioa. The few corn positions, which have won the confluence of mankind and become household word among not only one but many nations, mast have extraordinary virtues. I'erhnps uo one ever secured so wide a reputalion, or niaintaired It o long aa AVER'S CUERRY I'KOtokal. It has been known to the public about foriy years, by a luug con Uuucu ociirs or marvelous curt., mal have won fr it a confidence in its virtues, neve equaled by any other medicice. It still makes the most effectual cures of Coughs. Colds, Consumption, that can be made by medical skill. Indeed tbe Cherry Pectokal has really robbed those dangerous diseases of their terrors, to a sreat extent, and given a feeling of immunity lrom their fatal effects, that is well founded, if the remedy be taken in season. Every fwully should have It in their closet for the ready and ftrompt relief of its members. 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