The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1845-12-13
Trial OF G.. j. NI'Nulty.

The House adjourned till tomorrow at IL O'Clock.
Trial OF c. J. npNulty.
WAsHrNoros, Dec. II, 1s45
The United States, C. j. hNulfy late Clerk ef the
House Of Representatives..
AT ten O'Clock this morning the of G. j. MNulty
indicted before the criminal Court for this county
certain alleged entertainments of the public moneys
was resumod pursuant to postponement of yesterday
The list of witnesses for the prosecution was called
and Of twenty i've upwards only nine or ten
ing to their names, and there being among the absen
tees, material witness for the prosecution Mr. Fenda
Acting Attorney for the United States in this cause, SUBJ
mitted that in the interim an examination which he
proposed of the testimony required the opening Of this
cause with view to the ascertaning whether the
could proceed day the part of the that
the Court proceed with other cases upon the docket
The Court acquesced in the notion and Mr. Fendal left
the for the purpose of the examination suggested
negro boy, real ,ngo African and bright mu.
latto lad OF fourteen years placed in the prisoners
box to answer to the charge OF stealing silver
Bile spoons and three silver tea spoons OF Mrs Elizabeth
Fowler, in Georgetown. Mrs Fowler and her son sta
ted their knowledge of the tRe when Mr. Justice Gerd
dard was sailed as witness He depossd that he arrest
ing the other as being the principal They said that
they sold the spoons to Mr. voss, slversmth the
Of the value Of $40 voss had denied the Charge when
the Congo fatty asserted that voss had never been
further appeared from what the negro had minated be-
fore the Justice and Yoss that the latter was old
counsel for the accused here demanded summons for
Voss that his testimony might be had in the
tune, 20 resume the case OF McNulty.
Mr. FESpALL returned into court, and while the court
waited for the witness in the spoon case, he submitted
that he had expected the material witness from New
Ayrss book-keeper in the Bank Of America The books
Of the Bank Of America were indispensable to the tes
mony for the prosecution Mr. Ayres had been sub.
nd he
witness had not reported himself Mr. F. thought the
absence the witness was not from any Indifference or
neglect OF the summons OF the court but that 1t was,
perhaps from an impression the part of the Witness
that the accused would not be the ground at the
sumption Of the trial However that might be, he
felt constrained to move attachment against Mr..
Ayres, and to aska postponement of the trial until the
return Of said attachment with the witness.
Mr. CAHLIsLE.-What day Z We desire to know
whether it will suit us.
The Court wanted evidence of the necessity ofan at
tschment.
Mr. FENpALL replied that the subpoena had been return
cd certified, but that witness required still alb
sent
The CouRr.-Is he a material witness
MIR. FEspALL. An indispensable one sir.
MIR. MNuLrY, the accused, here and remar ked,
that If his Honor pleased, he would say word He
thought it was not in strict conformity with the
courtesy practice of the court to draw unia.
prisoner, from the probable rumor that he would
no. be here Ths learned counsel for the prosecution
paper rumors. He (the accused) had been abiding
the action Of the court for nearly yea-he had been
might arise from delay and was from the moment OF his
Indictment DESTROYS for the prosecution and conclusion
OF the trial Conscious Of his innocence that he had
not expended disposed Of any Of the public funds
trusted to him while clerk of the House of Representa-
tatves without authority in lawthat he had done
thing wrongh he had been willing to all the risks of
an immediate and summary examination. He thought,
therefore that was unust that the counsel for the pro-
secution should have thought tit to account for the abb
sence Of witness the probable presumption the
part Of such witness that the accused would not pro.
baby be forthcoming at the appointed time. The
extraordinary expenEe-he
been greatly annoyed from this prolonged suspense
and he only wanted the government to come up and
give him his trial Try me for any thing not accounted
for, and
The CouRr submitted that the accused was transcend.
ing the privilege OF the floor.
Mr. McNuLrY.-Only single remark.
The CoURT said that what had stated by the ac
cused wac all very well, but that he appeared be
going too far.
Mr. CARLISLE Counsel for the traverser thought his
remarks in place, notwithstanding and con-
lectures the prisoner had in advance of his ball.
and voluntarily
The CorRr concurred with the learned counsellor
but thought the accused trespassng upon the line
OF privilege, in branching off to appeal the public
sympathes Otherwise, what he had stated all very
we'll
Mr.. FENpALL explained
The CouRr observed he had said nothing deserving of
the slightest censure at all
After some conversation between counsel on either
side and the Court it determined to postpone this
cause till Tuesday next, when, it is expected the
tachmen issued against the bookkeeper Bank Of
America will be returned, with said witness and the
tmony required from the books of the bank
IT alleged that certain heavy sums originally de.
posted in the Patriotic Bank of this city the account
Of the contingent fund ii. R. subsequently trans
feIred to the Bank of America, in New York, Sc
Mr. FENpA.L in conclusion remarked that he had
already found more trouble in getting his witnesses here
than he had expected to have in the entire duty OF
trial.