The daily union. [volume] (Washington [D.C.]) 1845-1857, 1845-07-11
CRIMINAL COURT.
E.rpAx. JulY III. l845.

AsDAtp Suiy ~, AoH"'
The court met at the usual hour. The case Of the
United States Us. Caleb j. McNulty was continued.
Mr.. Drummer, clerk in the Treasury, Mr.. Bestor, of
the Patriotic Bank of Washington, and Mr. Ayres,
of the Bank of America, New York; were exam
ned. From the testimony of these witnesses, 1t
appeared that the moneys charged against the ac-
cused, in this Indictment, were the moneys due 10
the accused clerk of the House, for three sepa-
rate months salary. The counsel for the United
States refused after the earnest remonstrance of the
counsel for the accused to let verdict of not guilty
be rendered in the case; but entered noe prosequi
We informed at the bar, that nole prossqui, in
after the jury are sworn and the evidence for
the government entered on, is equivalent to an as
quttal. The accused may, therefore, be said to he
acquitted on this charge. The jury was then dis
charged from the further consideration Of the
Aner pause in the proceedings of the court, for
some two hours, the attorney for the United States
came into court. and asked for postponement OF
the until Wednesday next, saying that the in
terest Of the government required it.
The attorney for the prisoner demonstrated against
the postponement asked, and insisted that, if the
case could not go on with justice to the United
States, it ought to be put off until the next session
Of the court which will take place in December
next
The court intimated that the session Of the court
was called for the very purpose of this trial, and
that good reasons ought to exist for delay.
The United States attorney still called for delay.
Ihe attorney Tor the prisoner reiterated MS Oppo-
sition to any postponement or delay, short of un-
conditional continuance until next term.
The court intimated that delay would be nconve.
nent to the witnesses for the United States who at
tended at discomfort in obedience to the process of
, the court.
Further remarks followed-Mr. Fendall still ask
ing for delay; Mr. Carlisle still repeating and reit-
Grating his demand tina, the delay, if any should be
continuance.
The court said that very special reasons SEEM
ed to exist to justify merely delay; no defeat ofjus-
tice was fairly chargeable, probable, from the
case taking the usual in other cases-it felt 1t
its duty to continue the which was accordingly
done.
Mr.. Carlisle applied to the court to reduce the
bail, which now stands at $4,000; that this bail
was rendered thus high, on the presumption that
Mr.. McNulty had the money in his possession.
Since them Mr.. Carlisle stated that the government
held the draft of Mr.. Woodward (whom he was
prepared to prove to be abundantly good for the
amount) for the sum of $4,000 or sum, as he
was informed, more than sufficient TO cover the al
legged deficiency.
Mr.. Fendall said that Mr.. Carlisle labored under
an erroneous impression; that he hoped that this
matter would not be persevcred in, and that the bail
should be allowed to remain as it was-that 1t was
reasonable,
The court said the case was continued. The bail
was fixed upon proper consideration, and that II
ought to remain as il was. After some other BUSH
ness, despatched in few moments, Judge Dunlop
ordered the court to be adjourned, until its next
regular session, which will take place on the first
Monday in December