Herald of the times. [volume] (Newport, R.I.) 1830-1846, 1842-12-22

To them. If there has been collusion in this
matter, the indictments ought no, to bc con.
tinued. But n, by the acts or isnhs Of 9th
ers, the prisoners have been deprived ol
counsel, the State cannot urge the trial al
TINS time. We must say, however, ihe case
is very singular one.
II Mr.. Turncr.-Neither the affidavit, nor
any remarks have made, has gone to attn
butte any improper conduct at any iiiDc, on
the part of The State IN the course oi these
prosecutions. No such ldcn has ever crossed
my mind. | have stated ~ the affidavit, lacls
which | knew were ss well known 10 The
prisoner as to myself. | do know that the
prisoner IL taken by surprise at the absence
of his connscl. The other ground, that there
has been collision between the prisoners
and their counsel, nnpuies To me something
OF the same nature, as have been the organ
of communication between these prisoners
and their counsel. They could have had no
colluslon without my knowledge, and ! am
well informed that the prisoner Is as anxions
for trial as the government; he certainty
had reason to be anxious, and he is astonlsh-
ed aud disappoinied OF the absence OF his
counsel. That counsel has been engaged
for months and this Cour, will not permit
the junior members of this bar, without no.
iicc and without preparation, 10 encounter ITS
veteran advocates IN cause 80 momentous
10 the interests, Of this defendant; cause
upon which his personal liberty for years de-
ponds. Your Honor will no. so administer
justice IN this State. These men want u fair
and impartial trial OF their cause, aud they
cannot have IL IN the absence of the only
two men who are at this time fitted TO con.
duet il.
The Court decided that the cases should
be continued until the next term. Judge
Durfee remarking, that the prisoners ought
not to be sacrificed because they had been
thus suddenly and Unexpectedly Abandoned.
A motion for n continuance was also made
in the other cases-and for The same rcn-
son-and they were all continued.
In the case of the State vs. ID itce J.
Pearce, the trial was, on motion OF Mr.
Pearce, continued To the next term. Mr.
Pcnrce stated that lie had employed Mr.
Rantoul as his counsel Mr.. Atwell had
volunteered his services, and Mr.. Adams had
promised to be here at his trial. That they
would have been here had these trials pro
ccedcd as he had supposed they would and
that therefore, he could not be prepared for
trial at this tern.
H 1t was stated by the Chief Justice, that. in
consequence of some statements made by
The counsel for Seth Luther, the Court had
directed medical examination to be made.
The result of that examination had oecn
communicated 10 the court in written state
mcnt, by Drs. Turner aud Watson.
II The Chief Justice iken read their state
mcnt. The purport Of it was, that Luther
was not dcranged, but constituiIonally ner-
vOus and eXcltabe, and had no disease upon
hun except such as might naturally spring
/ from the loss of liberty, and the circunistan-
ccs IN which he was placed.
H The Chief Justice stated that the Court
had visited the jail, and recommended to the
| sheriff somc alterations 10 promote It's warmth
and comior, ; that no complaint of III treat
mcni was made to them, though they made
! particular inquiries Of the prisoners in re
/ gnrd In il; TINT, on the contrary, they ex
| pressed themselves perfectly satisfied will
their treatment, and spoke very kindly Of th'
ia'lcr. They wanted nothing but their llber
II ~.