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1 Babcock was tried in the United States court at St. Louis in February, 1876. on an indictment for conspiring to defraud the government in the collection of revenue on distilled spirits. His acquittal was attributed by some to defects in the chain of evidence which was strongly inculpatory, and by others to the moral support which he received from President Grant, who declared in a deposition entire confidence in his character. The prosecutions were embarrassed by the President's summary dismissal of John B. Henderson, former senator from Missouri, who was serving the government as special counsel,— the cause of the dismissal being certain language of General Henderson, used by him in court, which the President deemed disrespectful to himself, though an offensive purpose was disavowed by the counsel. General Henderson has continued to hold a high place in his party, serving as president of the Republican national convention in 1884, and of the Pan-American Congress.
An unfavorable view of Babcock is given by H. V. Boynton in the North American Review, October, 1876 (pp. 283-327), and by Whitelaw Reid in the New York Tribune, Feb. 17 and 23, 1876. (Compare the numbers of this journal for February 13. 14, 15, 16, 18, 21, 22, 24, 2.5, and 28.) These writers reflect on the President's support of Babcock, and his want of sympathy with the prosecution,—the ‘Tribune’ saying, ‘He is better fitted to rule an Asiatic kingdom than a free American people.’ Babcock was again indicted, April 16, 1876, in the District of Columbia, and this time on the charge of complicity with certain safe burglaries (New York Tribune, April 17, 1876); but this case did not come to a trial. His transactions were the subject of investigation by committees of Congress,—Forty-third Congress, first session, No. 785, concerning safe burglaries; Forty-fourth Congress, first session, No. 799, concerning sale of post-traderships.
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