Herald of the times. [volume] (Newport, R.I.) 1830-1846, 1842-12-22
Supreme Judicial Court, !
August Term, A. ID. lS42.

Indictment The State W. George n. Frlsse.
| And now on the l7Ih day Of the term Of
said court, the said Frssel being in said
court, and urraigned for trial on saId indlct
ment, on oath declares aud says, that Samuel
Y. AtwelI. Esq. aud Robert Ran,oul, Esq ,
were engaged in hi' behalf, as his coun
sci, to conduct aud manage his defence un-
der said Indictment, and that he cannot at
this time safely proceed to the trial ,heroof,
because both his counsel are absent, and
cannot be here in season for this trls that
until this day he had every reason to believe
and expect that they would be here, and pre-
pared for the services aforesaid that on the
fourteenth day of tins term, they were
scverally written To by George Turner, Esq.
notifying them of the time assigned by
the Hon. Court for the trial OF said indct-
men', and urging them To be then present
Il to winch said letters as this utfiant verify be-
II icvcs, no answer whatever had been re
turned; that he cannot thus taken by sur
| prise at the absence Of the counsel engaged
and upon whom alone he relied, now expect
to retain new counsel, and have them pre-
palcd for trial in season for the present Sit
ting of this Hon. Court that, by the mex,
term thereof, he will have his said counsel
here and ready for trial, or will employ new
and other counsel for that purpose.
Il (Sgncdi George FRlssEL.
H Sworn to, IN open Court.
Il f.. ALLAN. Clerk.
Il In the cascs-The .State W.. Sihi Luther
\ B,uriH Hutchinson, JOhn Paine, and Nathan.
/ tl ". Carptnier, the said defendants MAXI
| oath that The facts set forth in the above ail
davit, are true.
II JouN 4 PAINE,
II NATmANrEL N. CARPENTER,
II StTH LUTHER.
Il BURRILL HUTCHINSON.
I Sworn to, in open Court,
Il f. p. ALLAN, Clerk.
Il Mr.. Ames.-This application, which we
presume Is Ia be repeated IN each case
strikes Us as very extraordinary. Ii viii be
| rccollectcd that when these indictments
were found, speedy trials were demanded ny
| the prisoners. The State showed every dis
| position To gran, speedy trials, and, To our
surprise, dllatOry pleas were then nteroosed
| The Court and counsel for the State then
! used every endcavnr, aud successfully, io
dispose of the pleas, that trials Oh the merits
! might be had. An extraordinary session o'
! tins Court was appointed at the request Of
the prisoners, for the sole purpose Of giving
1 them the speedy trials which. tor effect, they
had demanded. The counsel for the prlso-
ncrs had ul notice OF the time appointed.
were present and cOnscnting 10 II. Upon
the tailh of their proesscd readiness Tor trial
at The time appointed, the State has sum
! monrd larry al great cNpenS', and large
number of witnesses are now III Attendance.
II And vet the counsel are absent, and not
! only absent, bu, it seems have not even con.
II descended To take any notice whatever oi
H the application of the prisoner. made, as The
\ affidavit states, through Mr. Turnor. We
| know not what 10 make of this. Whether
IIit is the result Of accident. aud is the mis-
II fortune Of the prisoners, or the result 0f con-
4 cert between the counsel aud the prisoners,
II 10 avoid trial at this time. but, certainly
II il is an unprecedented aud extraordinary
! mode Of proceeding, in a case OF this grave
! and important character. In any CIVIL case,
/ under such circumstances, your ilonors
! would compelled an instant trial or gwen
II Judgment, or dismissed the case, from the
II docket. In any ordinary criminal case. you
would appoint counsel on the spot, aud let
Il the trial proceed. Ii this delay has been
\ the result of any combination between the
II prisoners and their counsel, land can hard
II ly conceive that any gentleman ot the bar, IN
/ a case of this nature, where the liberty oi the
II prisoner is at stake, would be SO utterly re-
+ gordless of his duty to his chcnt.) hope
II your Honors will not permit the State to be
II thus trflcd with, but will direct the TRIALS to
II proceed But, IT the prisoners are really
Il deserted ty their counsel and friends, at the
N very moment they most need aId, Tie state
II could not, would not desire To press tria
II against those thus left dcfcnccess. Your
\ IIonors must decide. Nj. Amcs stated that
II he intended To apply hls remarks 10 Mr.. Ran
II ,oul, who had. only day or two since, M
H formed him that he should certainly attend
ot Newport for the prisoners, rather than to
Mr.. Atwcll, who expressed doubt
II Attorney Gcncra.-i shall add but little
II TO what has been said. The Government
| have, from the time these indictments were
found, been ever ready to proceed io the
trial of them They have been IN no lndc-
cent haste. The State has mol urged them
/ 10 ih" disadvantage or inconvenience ot tht
defendants, but II has always been ready and
II snxlous To- 90 on with them, at The very ear
hest period which would meet The wishes o
the defendants. II ~ with no little nstonish
mcni. SIR, that We now iind, al tins tune, thai
III the counsel ~ this case, who were iuIly ac
Iqualnicd with the time at which these TRIALS
were io be- had. aud one ui whom gave "
~ understand that he should be here, should