The New York herald., 1845-03-21

ed that tbey had already declared their willing
ness to go 70 trial, If they were granted tbs
Of their there any to believe that
this testimony could be material or that they could ever
be procuredl Whose fault was it hthey, the ieence en-
poysd incompetent agent the prisoners f.,her in
law to this testimony Why not say on Monday
say to The court was that if he thought the motion
for the sake OF preventing the trial OF one INDIVIDUAL ne
ad not know he sSuld oppose es those @ ss h.ss
prosecutions the part Of the people in support Of
the laws of the State he ie responsibility to proceed
with them forthwith and that in the appointed order
the present trial foc robbery supersed eded lesser
charges would be investigated, which would be the
Of great embarrassment Suppose should happen
to turn that this perfectly quiet county for the
last twenty five years and that stranger dow and
excited peaceabe preudcia TO the lives Of
citizens the would the necessity Of msking
salutary example and uphold the laws. Although the
of evadng them 10 try first the numerous miner
offences and bu, the hkeho ood Ct not do
ing the prisoner jusicewould be sufficient for pospon
The court hsreosk a recess for an hour, for dinner
At half past two, the Court resumed the session.
During the whole day the rom had h been quite iu but
sent; the audience consisted OF stout, resoue locking
farmers. many Of whom were Of he an.rept party.
declaring hs opinion that he would be able 10 tabe
his trial at the next term.
The ATroasEY GENERAL resumed his observstions. He
wonla not ga ne said, object to putting of the trial Of this
individual he did think 1t ould lead great
would lead 10 the postporsment Of all the trials Tho
overt acts alleged in this charge would be applicable
show the cons piracy also He would readily confess that
if he could have fair trial should not
from any motive and he frcm his own feel
ngs that there was no desire on his part to DO him m
adavits submitted The absence Of the witnesses
alleged upon afidavt of MIR Bay but there was ne
thing which made it apparent whether he in Kings
tom Canada not The counsel for defence had said
they would not communicate the nature of the evidence
which might be all fair in order to trip opponent in
civil case but in oil such magnitude this between
.he prisoner and the people, why this He re-
bfity Of these persons giving evidence, if they
could catch them was not an adequate reason Sup
pose it could be shown that these cemmo'icns OIL
time, ard at once incrpose the ann Of authority
re h o ss TO e
GENERALLY he would be glad 10 attend at time without
feeling troublesome, TO give his services in this nves
tigation These views he submitted to the Court with al
honors would scrunizs the application for postpone.
Mr. JORDAN ous bit they were all capable Of appresis
ting the anxiety the part the Attorney General for
the safety OF the prisoner; and for bis part il he sbonns
ted any thrg than another such professions
intended TO make it believed that they not doing
their best procure conviction and he never vet knew
of Distrst Attorney or Attorney General Who did not
feel themselves hour in duty do He would ask
nor wcud he take any but desedto see the case
tried its merits. 1t the first time in Court Of
Justice that he he'd heard il said that putting eff
preudiced another He alwd taught 10 believe thst
Of it. He denied had been stated that they admitted
his morning their readiness TO 60 to trial they had the
situation and in regard for the people Coluube county
which perhaps was as strong as that of the Attorney
counter the difficulties attendant uron his position. Dr.
Boughon swears positively that these evidenc know
nothing less would satisfy the Attorney Ger ers be r
Jordan) was himself ready to make affidavit
that these s, facts wers all important to the pr;
Nr Jordan sorry the Attorney General could not
discriminate There was differ ence between taking
the alter native Of going trial. rather than incur priva-
ons and difficulty and being altogether satisfied to do
absolutely. Hebeeved that man, whe had cennon
charged with grape pointed at bis cell would he glad to
go to trial without single witness evod danger. He
could on looking round, see honest aud honorable
that Court, among whom, if he were PERMITTED to se-
disadvantages; but he thought hardly honorable
Gs or m M would Iva was mot p1oss
as he was. Nobody knew where the absen; witnesses
were, is said hut he (Mr was OF opinion body
knew it, He did not know but the might be said Of
any person who wss not in sight The whole amount Of
the argument Of the prosecution that because these
becomes apparent to the Court that applications for
ponemen we're mode merely 10 escape trial it
usual to refuse such application end he thought II
practced in the first instance in which an accused
person applied for delay In court Of law it was gene
what the uature Of the evidence might be; bu. it ives
fundamental principle that party should make Of
such disclosures to fish up testimony fer their pur
He had showed the absence OF material witnessss
showed due diligence and the exercise Of all the
Boughon could use 10 procure these wns besdes
them. Much might re said abou; the majesty
Of the laws; but he thought that their majesty YVES
much consulted in allowing the sccused to enjoy
his tights will strict justice There dtrger OF
nfraccn Of the resce by prorcguing tese triss and
matter bv the Court SIS wouJd be Consistent with those
rights and justice to the prisoner.
Judge PAnKIR- is the opinion of the Court that suf
fcent has not been shown the trial. therefore,
must proceed. Call jury accordingly.
Mr.. JORDAN said he had one course left Of which he
would avail himself ii the Court gave him till to
morning. He never knew case forced ca in this man.
J,Jr
reason, have no objection to grant the application.
Mr.. JORDAN have said what have to say, sir.
Judge WiLcoxsoN-Without an adequate reason, will
not consent.
Mr.. JoRpos-I do not care whether you do or not
Judge PARKER leave the decision TO my brethren. I
am satisfied to grant it il they judge i. proper
The DuTRIcr ATTORNEY had no objection il the time
were sought make preparation bu, TO grsnt for the
purpose Of allowing the gentleman facilities for prevent
ing the trial weuld be extraordinary.
The CouRr granted the motion for pcsponement till
next morning. snd proceeded TO tske the civil calsn
der, at o'clock
NEw YORK LEGISLATIVE SUMMARY In the Sc
nate petitions were presented ct land owners in
, o,h county against the sEpcSton o. sas Alley
against dccntinung Eleventh street in the city OF New
York The general orders were then taken up and
unmportant bills were passed through the Committee
Mr. Clark had leave TO report bill to enforce the laws
and preserve order giving stronger powers TO sheriff.
in ordering out and arminy the posse and epe
csl corps guards for the prisons &c The bill to fix
the place for holding the Court for the Correction of En-
re- at the city cf Albany was taken ur and debated
MIR Wright offered amendment designed 10 equalizs
the diem allow snd travelling fees OF members,
which called amin ated discussion The committee
rose, when motion uede 10 refuge leave 10 sit again
This called for renewal OF the dscrsson Snd leave
81, again refused Motions then made to order
the original bill TO third readi' TO adopt The amend
ment, and to refer II TO select committee The whole
subject laid he tnblo The senate held eJscu.
tive session.
In the House the pctions were numerous but few Of
them ont of the usual Among these pre-
sented by Mr. %. Lee from czenc OF New Hartford ask
ing in the event az The Of Texas that the
question be subsn cd to the people OF this state whether
Ihey will consent to he parties to conederscy
hrecirg fve more slaye States. Mr. Comsock moved
lay il on the table. Mr. Coo demand,d eyes ond noes
aud the petition was laid the table, ayes as ss
the macs o the wings voting, No-the Am. Republicans
dividing There also several present.
ed by Ncssrs Fonda Te and Preston against coIir tho
10 rs on sundsy Mr.. Niven presented another q tbs
petitions in favor of radical changes in e common schto
system, and moved its iefeence t. reject committee
The result Of some conversation the reference Of the