The New York herald., 1845-07-10
WAsHISGlo on, July s, ls45.
Tiaict G. j. MeNui,y, late C. H. r. U. s.. for Embes-ie
menf of the Public Moneus,


TraiJ e. j. McNui.g late c. H. r. u. s., for Embes =le-
ment of the Public Moneys.
Before the local Criminal Court of this city and
ty, in session at the City Hail. the Of e. j. McNnlty
recurring the meeting pursuant TO adjournment
terday,
Mr.: iIoaAS Gecently appointed District Attorney in
the place OF Mr. Fenda stated 10 the court that from
his relations TO the accused in this cause he forbid
den TO undertake the prosecution. And it had been
suggested 10 him. in addition to his reflections upon
the subject that it might not be altogether proper to
continue the counsel for the defence in the relation
in which he stood TO the Government Under all the
cumstances of the case, therefore, Mr. II. deemed il
proper only TO waive the prosecution but the defence
i'll this cause
Mr. FrNpALl stated that he had been requested by the
authorities OF the Federal Government to conduct the
prosecution had assented to it, and was now ready tc
go on with the trial
Mr.. J. ~ CARLISLE quite young little disciple OF
Blackstone, but sharp and quick raper said that he
had been selected by Mr. McNuly succeed his late
counsel Mr. Ioban, in the conduct of the defence He
was not all acquainted however, with the cnuse h its
had not even read the indictments but he be-
lieved there six. lie had been spoken upon
the subject OF assuming the defence until last evening
having been for days past in the country In order
therefore briefly 10 look the matter in hand he
would ask that the might be continued posponed
Tor day ortwo. His client urgent that the trial
might so on notwithstanding the ignorance the
on The part OF the new counsel for the accused but for
various considerations he MR. Carse) should ask OF
the Court short postponement OF continuance OF the
case.
Mr.. AcNuLrr the accused said that the first intima.
ton he had had of the declnaon of Mr. Hoban to act
his counsel in this case, by messenger last eve
ming. 1t was the judgment of the government that the
weight OF Mr. Hoban official station would have bear
ing in favor OF the defence and against the prosecution
But he &c accused desired delay the plea of his
new counsel He had sort of claim before the
Court he thought for action, after having waited four
months upon its motion
Mr. FEvp,LL thought that many of the witnesses might
object TO delay, OF them merchants here
from New York, and did not know how their detention
here might affect their business at home He
was willing to allow the postponement asked, but would
prefer first TO consult the witnesses called here from
abroad on the part of the prosecution
The couRr Judge DunlopD was willing to grant the
time asked by the counsel for the defence but the
whole OF opinion that the had better be post
poned 10 the next regular term in December next
Mr.. FESpALL here returned from without the bar and
said that after consultation with several witnesses they
had preferred waiting day two to postponemen Of
the
Mr. CARLISLE rejoined that he would then propose an
adjournment OF the cause until day after tomorrow
his client anxious TO have the trial finished
willing to abide all the risks of want of knowledge
study of the case by the counsel for the accused
think, sir, we may finish the trial in day two.
The CorRr.-I am glad to near it. And
The Court was ad onrned to Thursday morning at ter
O'Clock, when the will be resumed.
MIR. Shannon in the Court to-day, looking yer,
we'll He says that he shall leave for Ohio in few
days.