As an Army officer, on December 2, 1875 Babcock requested of Grant a court-martial, believing that a military tribunal would be favorable to his defense. Grant agreed, and saw to it that a pro-Babcock panel was appointed, including Asa Bird Gardiner, who had a clear conflict of interest based on his business dealings with Babcock. Panel member Winfield Scott Hancock pointed out that Babcock was facing identical charges in federal court, and persuaded the court-martial to yield to civilian authorities. On December 8, 1875, U.S. Attorney David Dyer followed Bristow's instructions and set Babcock's St. Louis jury trial for February, 1876. When Babcock's trial date came up, Grant decided to testify in Babcock's defense. By this time, Grant said his critics were using Babcock to go after his own presidency. After cabinet members objected to Grant testifying in St. Louis as unseemly for a President, it was settled that Grant would give a deposition at the White House.