Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1826-11-24
r,on the Ns,0 FORK Erenine Posi-.

from Ene NeLO fOTH ECtUfHg OSt.
The People Us Henry Eckford, Thomas Yer
uilyea Joseph G.. Swift, William p Ra,hbone
Matthew L. Davis, George w. Brown, Mark
Soencer, and Jacob Barker. The defendants
we're asked separately if they were ready for tri-
Al. 10 which they severaliy answered they were.
MIR. Barker then arose and addressed the Court.
lit please the Court apply at present
for separate trial. The District Attorney has
informed me that the Court has power 10 sep
arate me from the other defendants, and now
make application for an exercise OF this right
more particularly as lam informed some the
uarties to this indictment are not be trieo at
This tines The facts developed on the former
trial oe this indictment, were of such nature
that feel myself bound TO ask to be separated
from the other parties. Public justice does
NOT ask, the law does not require, the welfare
Of the city does not seek, the safety and welfare
Of the defendants do demand that my trial
should be separate. Here are or 10 institu-
tons mentioned in hisjindictment, with the in
tent 10 defraud which we are charged, having
no more connection with each other than the
heavens with the earth. One hundred and hf-
witnesses are to be examined, and ask, can
any juryl be expected TO digest such mass OF
testimony, when, as your honors must remember
at the last trial, after nearly months constant
application, the very counsel employed in the
cause could not remember it. If, then, men,
BY profession, by habit, & by education, trained
10 perform such duty, found themselves une-
quail to the task, how can Jury be expected TO
come here, and, without experience, GO thro'
With such an undertaking? If the parties TO
this transaction are innocent, let them not be
condemned on my account; nor, on the contra
- L 60, IL xuitL ~ Oh a
ldemand in my own right, in the name Of the
whole world, ! demand separate trial. know
there is a prejudice against Jacob Barker, but
it's one he is prepared to meet; and 1t there
should be any against the other defendants,
which God forbid, let him not be the sufferer
thereby. am willing to be tried first. had
rather be tried first.
After short consultation, the Court remark
ed, that Mr. Barker had as ye, produced no
reason for separate trial; and that as the
Grand Jury, in presenting the bill OF indict-
meni, had thought proper to place him with
the rest, they could not interfere.
Mr. Barker.-I should not have made the APP.
plieation, if it please the Court, but that the
chain had already been broken by the District
Attorney. Ifthere are any technical objections,
Twill cheerfnlly waive them. had hoped to
nave been excused from entering into any de-
'a'l Of my reasons; but as the Court required
1t, will mention one. II was proved on the
last trial that the Fulton Bank had been SUBJ
Feted to heavy losses in consequence OF the
sontriyances of some Of the parties TO this IN
alctment. was stockholders in the Fukon
bank, and now that have lost my money,
am 10 be brought here and charged with de-
lauding il, No one objected more strongly
man did to the operations carried OF, In that
bank. make no reflections, nor do wish TO
@Snderstood as making any.
ihe Court refused the application. Judge
EDWARDS :hen remarked that the Common
council met this afternoon, and that his asso-
yates being members, if it was not inconsistent
sih the public duties, the Court would adj
0urn. Mr.. Maxwell said he wished the Jury
anpannelled, but he was under the direction OF
.@as Court. The Court then adjourned until
@ls morning at eleven o'clock.
ofthe two hundred Jurors summoned yes
s'day l35 were excused on account of Militia
Wand Flremen's privileges, age and sickness.
We have received nothing from our reporter
"'he proceedings of the Court to-day.
Upon this, Mr. Maxwell the District Attorney, in
med the Court that it was his intention not to try
rrsey EckfcrdI General Stoift and Nm r. Rathoons
Court then stated that thiswas the FIRST intimatlon
y had had ofsuch intention in the District Attorney,
~ they adhered to their former opinion of trying
'he other individuals on the indictment together,
''aout separation.
Iron the Philadelphia American Daily Advertser.l
BAR DINNER TO Mr.. SERGEANT.
IN expectation Of the immediate departure OF
%e s!oop Of war Hornet, with the Minister OF
NC United States to the Congress at facubaya,