The New York herald., 1850-12-29

tory administrston Of Justice Hs read the statute
providing for remittng cases fon the Circuit to Dis
triet Court vice rersal The idsntisa-ths
District Attorney might suggest to the court in either
case that more speedy trial could be secured by
mittpg the and the court wsuld yield the sug
ssstion OF course II any showing made that this
application made for the pvrposs OF oppressing
the accused the court would interfere TO protect him
but otherwise in the abssnes Of any proof Of wrong
intended the court would grant the motion the ap
plication Of the This Transferred
to the Circuit Court motion Of the District Attor
plead In abatement. The question nov was whether
the prosecution should have leave dle the replica
on .na 20 'n% III was not vnstnsr they should pro
the evil thereof" Should they be compelled wait
till next spring before these preliminary pleas should
mere technical points which obstrust the course OF
the trial on the msrts Were they to be kept waiting
for six months longer before gentlemen prepared
to meet them their new points Of Law and prac-
tics' Such proceedings would be . mockery OF Law
ar a9d ,s snS wq court. to the m
affairs Of diplomacy, and to supposed connection OF
government with this prosecution which rendered 1t
in the expedition in which the accused were impcat
ed should be tried and convicted 6rst. He denied
that the government In Washington had manifested
the slightest feeling in this case interfered in any
rsspect with the prosecution
Mr.. Logan Hunton, District Attorney, here inter-
rupted Mr.. Benjamin, to reiterate in tho most en-
phAtio manner, his denial that the government ad
anything to DO with the prosecution He had received
Mr. Bepjsmn confirmed the statement. As far as he
was acquainted with the wishes Of the government,
they desired the be conducted with
per regard for the accused The duty of the proseca
tion was dissgreesble So that Of the court
But they were all frequently called ON to perform
disagree bic duties and 1t Is such occasions the
displays it's recttude and high Of duty.
But geatlemea were astonished thatthe prosecution
sSo1S pIsiei fyns nr;, mead ana & front oI sne
tion. DO they wish that their chief should take
fuge-sheter under the wing Of some OF his subordi
nates-that we should disregard grade, and try them
trs.!
Mr. Benjamin then proceeded to read the Law, an ]
TO cemms mt on it, to show that the whole question
Of legal discretion insisting that In this
the court would not exercise sound legal construo-
ton in further contin uing the case The points in
voved in the pleas set up by the accused by
means new, strange or extraordinary They had been
argued over and over by the court and sdjudicsted
upsn In repeated cases These points as to the lega
ty OF the mode of drawing jures In this court had
been raised in a which involved the life Of
mode of drawing the Jury had been sanctioned by the
highest authority in the country Were they now to
the m to exercise their ingenuity still farther In order
to pick flaws in the rules ana practice of this court to
overthrow its settled jursprudenoe to pronounce all
their previous de csions wrong and admit that ali the
persons who have been condemned under this pras
tice, judicially murdered! Is IL possible this
question could not be decided without calling in the
Circuit Judge who, by the by, has already repeatedly
sanctioned the mode Of selecting the jury adopted by
th. cour He could not refer to the various points
raised by counsel The only question a mere pre
mpary one-whether the jury had been properly
dawn' That point ought to be decided arst and when
then Determine whether they would proceed to trial
merits.
and commenting 1t, to show that the application
fer continuance In this case was well made, and
ought to he granted
Judge McCaleb then stated that as the discussion
had involved great many dnicut points, he should
require until to day to make up bis opinion The
court then adjourned.
At the meeting of the court, yesterday Judge McCa
eb to reaa his opinion upon the application
nt nj he nils hafa ant
up by the accused He stated that he had not had
full time to prepare his opinion but he had doubt
Of its correctness He considered thai impaIlauce
could not be demanded at the present ne after the
| pleas In abatement had been filed AS the pon Is
ySen m Was ordersd that ts. should b
mitted TO the Circuit Court. The mode Of selecting
the grand jury pursued in this court had been the
settled practice of the federal judiciary since the
federal courts were extended to this State. Judge
Laurence his predecessor had repeatedly adudcated
the question and all the decisions concurred in
tion which he would feel justified In holding up for
consultation with circuit judge Though he should
these questions Of practice must be settled promptly
and definitely He was always open to argument and
neous the Court would be pleased to correct them In
time Other questions might arise In the construct ION
and application ef the statute under which the
outions conducted which IL might be ssirable
TO obtain the aid OF circuit judge and he would hold
them up for that purpose He regretted all the sc-
thsIn and insisted trial the merits, he
did not zee how he could refuse their application
Judge MoOsleb also stated that he had written last
sUn mer TO the circuit judge requesting him to con.
sult the Chief Justice about designating of the
soeate justices to sit in this cae He had received
N. motion tor continuance being rejected It wa,
sere.d between the counsel that the pleas should be
| liked next MSndsy for argument, and that In the
msanime the accused should hle such other pleas
he might deem proper.
Gen Gonzales who had been delayed on his route and
requested that the forfeiture Of his bond be set aside