Acquittal Of Babcock

It was ao hour after the usual time of ' opening the United 3tates Circuit Court, ] this morning, when tho jurors were brought in from an ontaide room. Tlie counsel had been in their places a huif hour, and the defendant was waiting in the Clerk's office. At flve minutes after eleven the Judgcs came in, Dillon carrying a luige bnndle of manuscript. The jury was polled, and then Judge Dillon eommenced rcading iho charge, very rapidly. He read on for two hours witli only a single interrilption, when Attorney Dyer raiseu a questiou as to tho signature of one of the telegrams. A reference to the original showed that the Judge was ïight, and he continued his roading, closing at 1 :15 p. m. The bulk of the charge was made up of the telegrama, letters, and portions of the President's depositions, and seerningly every thing in the case wasinclncled. The charge was favorable to the defendant in many particulars. Still, it was by no means an instruction to nquit. After raising a doubtful point, tho Court endeavored to show to tho full extent the weakness of tho evidelice, and invariably coucluded by telling the jury it was for them finally to wcigh th"e testimony pro and con. Immediately after the readiug of the charge, tho jurors were conducted to a room in the third story of the building, and locked up. Judge Dillon sent word to them that if they desired to examine the instructions a copy was ready for them. The reply cams back, very promptly, that the jury, baving heard the charge, did not need it. This was told around among the crowd in front of tho building and was at onco received as an indication that the decisión would be unfavorable. After the jury was charged, the court adjourned till 3 o'clock. The crowd outside grew steadily, and the prospective verdict was the chief topic. Thousands of dollars offered on at'.quittal then would have found ready takers. About 3 o'clock Gen. Babcock, nccompanied by Gen. Williams and Judge Porter, came down from the hotel, and went into the building, followod by the curious glances of the crowd. At 15 mimitep past 3 the court re-assemblod. The oudienco was small, and scattered about without regard to the order that had previously been maintained. Col. W. n. Hatch and Judge Chester Krum, of counsel for McKee, wero in the Court room for the purpose of attending to matters belonging to that case. They wero intending to present somo reasons why he should be grauted a new trial. Just as tney were about to address fche court, Bailiiï Wheeler appeared before the ' bench and Judgo Dillon inquired if the jury -was ready. Wheeler replied that it was, and was directed tobring the jurors in. Maj. Eton, Mr. Bliss, and Mr. Peddrick were already in the court room, and when tho news that the jury was ready was carried into the sido room, GeD. Babcock, accompanied by Judge Porter and Mr. Williams, entered the room. Mr. Storrs was absent on the side of the defendant, and Col. Dyer, of the prosecution. The jury seated themsclves, and Judge Dillon asked, "Have yon agreed upon a verdict ?" The foreman, E. N. Blackwood, replied, "Yes, sir." The Judge, evincing a great degree of exeitement, wnich he could not conceal, asked : "Whatisit?" And as he eaw the foreman hand Deputy Clerk Selby a folded paper, added : " Oh, it's written." The scène at that instant was a painful one. Babcoek's face assumed a livid hne, and his hands clenched. Porter looked at tho Olerk with a stony, petriiied stare. A nerve thrill went through the littJe audience of court attaché s and reporters. Thero was no indication on the jurors' countenances what the verdict would be. The paper shook like au aspen leaf in the hands of the Clerk, and as he opened it every one present held lus breath. In a tremnlous voice, he read : " We, the jury, find the defendant not gnilty." There was a pause of one instant, when ! Judge Chester Krum turned toward Gen. Babcock and warmly shook his hand. Tuis was the signal f or general confusión. The blood surged up in tho defendant's face, whioh had been so palé a moment before. Porter awoke from his lethargy, and, springing to his feet, stamped on the floor drainatically, and said : "Thank i God! trntli and justice are vindicated." I There were faint symptoms of applause, i but these were checked. Col. C. W. I Babcock hurried to his brother and J grasped him by the hand. Ábout this time Mr. Storrs entered from the room. Through lñs heavy beard the I blanched cheeks were visible, and he, too, was trembling. When irnmediately in front of the bench he hesitatod an j stant. He had heard of the verdict while in the ante-room, bnt could scarcely believe it. He stopped simply long enough to learn the truth, and rusned forwardto Gen. Babcock, taking him by both liands. The court room was in an uproar. Those who had ne'ver spoken to Gen. Babcook before partook of the [ siasm displayed by his friends, and I gratulated him. Amid the noise Jadge Uilion cried out: "Gentlemen of the jury, you are discharged. Th6 Marshal 1 will settle your fees, so that you can leave for your homes at once." This reminded Judgo Krum of a j point that had been overlooked in the exeitement of the moment, and he said : "I ask your honor to discharge the defendant." The Court - Are there any more indictments against him ? Mr. Krum - None. The Court (heartily)- The defendant is discharged. Judgo Porter pressed in among the jury and began shaking hands wiih each one, saying, "God blessyou," andusing other expressive terms to return his thanks. Gen. Babcock followed his example, ahaking each juror heartily by both hands, but it was some time before he could find voice to utter a word, tears standing on his cheeks. Then the jury passed out, and the Marshal called order. Gen. Babcock and party left by way of the ante-room, and at each step he was met by persons extending their hands. As he passed through the hall ho was 8urrounded by his counsel and Mr. Filley, Mr. Newcombe, Mr. Campbell, Col. Luckey, and other personal friends. Col. C. W. Babcock brought up the rear. At the foot of the stairs the men had gathered so thick and erazed so steadily at Babcock that he took refuge in the : Postmaster's room, where he remained anti] the crowd dispersed. Ho then walked to the Lindel!, accompanied by his counsel and immediatc friends. When he appeared in front of the Custoin House, on his way to tho Lindell, tkere was a faint cnoer, whdeh he recognized by taking off and waving his hafc. Most of the jurors are still in tho city, and are being Btibjeoted to all kinds of interviews to-uight. One of tliem stated that alter thoy retired to the jury room tin y took an informal ballot and found that tliey were all agreod on acquittal. Later, before returning to the court room, tliey took a formal ballot, and Vere still agret'd. Thero was verv little discussion, and no dissension. Blackwood, tho foreman of the jury, stated touight that after Storrs' speech tbe jurors liad a talk on Monday night, and carne to the conclusión that a case uud not ' aeen made out, and after that nothing Dccurred to changa their opinión. About )]o'clock to-night the jnrors gathered at the Lindell, and walked up to Gon. Babjock's ïoom, whero they -wero reoeived ty the lato defendant and hls brother. The meeting wrts a rflther awkwtrd one antjl a Sendy old granger blurted out, " Genefal, we had tö do itj 'catlse you see we conldn't do any'thing else." The urors remaincd half an honr, conversing pleasantly, and were entertained with cigars and wine, and withdrew, after shaking hands all around. All day long Gen. Babcoek's room at the Lindell was full of calléis, not a Government or army ofïicer in the city failing to cali with his congratulutions. A largo number of personal friends and somo prominent citizens also visited the General's room. At 9 o'clock to-night a large party of army officers carne up frorn tho arsenal, br in ging with them the post band. At the Lindell thoy joined Gen. Shcrn?an, -n'ho wa in citizens' dress, and his stniT, who were in full uniform, and a serenade to Babcock was given. The General, attended by his counsel, came down stairs and took seats in a carriage in front of tho hotel, about 1,200 people having gathered. After an air by the band Col. William H. Hatch, an ex-Confederate, and one of McKee's counsel, addressed the crowd. He reforred to the lost cause, and assured hia hearers that the verdict was to be taken as an indioation of good feeling, and the dawn of better days. He qnoted Lincoln as soying that when tlie Bouth was captured the songe of the South were captured, and callea on the band to play"Dixie." The Southern tune was received with cheers, and following it Gen. Babcock was ealied for. He nrose in the carriago and was introduced by Jndge Knim. He said : Gentlemen f St. Louis, I tliank you for all your expression of kindliness toward me. My heart is too f nll for me to make a speech to you to-night, if I could do so ander other circumstances. I must thauk you all, most deeply, and I will present to you my counsel, Mr. Storrs, of Chicaao, who will speak for me.