The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-01-14
The Cuba Invadon Trials &C New o.
IN tho U. B. Circuit Court.
TFrom the Nav Orleana ID alta Ian Al

l from the Now Orleans Delta, Jan. a.
UNITED STATES JOHN HENDERSON.
At the opening of the court yesterday, Judge Moo
leb rendered his decision the motion Of Mr.. Hen
dsrson that the assistant prosecutor (Mr BsnjaniV
He ssid that the question had been fully and ssiy
argued He fully ooncurrsd In the elementary prin-
cples cited by the defendant In relation to the fnds
pendence OF the judiciary the other departments Of
the government; but there was no proof that any
The District Attorney would conduct this csss
under the supervision of the court who would that
zion in the prosecution. There had been correS.
pondence between The executive and this court THE
District Attorney 10 call other counsel to his aid in
which would involve amount OF physical and
intsectaaisbor beyond the capacity Of one man The
tsnt counsel This Court would not have anything to
do with the fee of this counsel and only looked to him
part OF the prosecuton-an auxiliary employed by
the District Attorney to aid him Ofcourse, the Court
would not allow the District Attorney to employ toe
manner Jadae McCsleb then referred to the sutho-
rifles, and commented on them. The of MT
the poin. raised in this case MT webster was per.
mitsd to appear in the ct the request OF
the Attorney Genersi, on his assurance that he
oeiyed no fee private prosecutor. which would be
vieiation OF special statute Of Massachusetts He
Aaron Burr, which be said haa been entirely misun-
derstood there fact statement showing that
,, W.T.. that he appeared in that prose
aid OF the had been Questioned BY the 40
sussd This case was contested With great veSemsno
assistant counsel to appear In tho prosecution would
have been denied Il there had been any legal obsoton
TO It, Besides there other parties possessing
rights Is we'll ss the accused. The people have an
interest in the execution Of the laws The executive
too, IL under obligation to that the laws are
executed, and aid the District Attorneys in the
same. There were many matters in which 1t
department and act by its dire cons Judge McCalsb
referred to many cases in which in this and the State
the prosecutor. lie referred to Mr. Noises appear
In several prosecutions in this Court in aid Of
General Downs to the case OF Gaysrre, tried for
der In the Criminal Court OF this city; the Of
Judge Wilkinson In Kentucky, where Mr. Hardin sp-
peared for the and where his right to do
so was strongly commented on. He should therefore
rule In favor OF Mr. Bepjamns right to assist the
District Attorney.
Mr. Henderson, stated that the Court might m entisa
. great many other cases, but they cases in
which the assistant counsel employed by the Dis
tiict Attorney but he defed the court any body
else to show single case In which such employment
had ever been made at the instance Of the govern
Judge McCaleb stated that he knew of no such
Mr. Henderson desired the staten emit Of Mr. Hunton.
Mr. Benjamin. to be entered the minutes, and that
his motion against the right OF Mr.. Benjamin 90 70
appear should be entered on the minutes over
ruled.
The following is copy of Mr.. Henderson's motion.
The United States, rs John Henderson-Indicted fer
violating the Neutrality Laws0n the opening Of this
cution OF the to which the defendant Hsndsrss
objected; when it was stated by Logan Runton, Bsl.
Benjamin employed by him the authority of the
Executive Department Of the Government OF the Uni
And on this special cause did the said defendant thea
object that said attorney BENJAMIN should not appear
to prosecute WhereupoD. and argument heard,t ne
court did sdjudge that said BeDsm had right to
pear employ ment, authorized and did override
defendant . obi ection in that behalf
The jurors were then called
W. l.. Cockrill was sworn.
Evans being proposed, was sworn on his uoir d,re.
and asked, by Mr. Henderson, if he had formed any
opinion the m after before the court
Mr. Evans stated that he had read the proceedings
mere
Mr. Henderson-Then you may be sworn. MI n lsss
F. Il. Fel was then called
Mr. Henderson objected that the jurors we're not
called In the rder OF the list given to him
Mr.. Hunton stated that there was rule requiring
the accused TO be served with copy ofths panel He
did not care In what order they we're called
Judge McCsleb thought they shord be called In the
order Of the panel as served.
The hafshsl then proceeded TO call the panel
great many OF the jurors were sossn.; good many
Judge McCaleb-It will bs impossible to havs juriss,
after swhile under these III and other exemptions.
n. IL Brigham being called, appeared. Questioned
on bis ,oir dire by Mr.. Hendersoa-Hsve you heard
much Of tbs alleged yolssion Of the neutrality law in
relation tn thu so called Cuban expedition!
MT Brigham L have read something about the mat
tr In the papers
Mr. Henderson Have you conversed with any of the
witnesses about this case
MIR Brigham have not
Mr.. Henderson Have you formed or expressed N
opinion In relation to the guilt OF the accuse?
Mr.. Brigham-I never form opinions except whea
the facts are presented in rei able shape / snoula
decide the according to the t-etimo ny pres.ns
MT Henderson- have no objection TO Mr. Brigham.
MIR Brigham
MIR. Henderson then stated that by consent Of
the District Attorney, he would recall Mr. Cookrii
who had already been sworn, aud who it 90, In.
Mr. Henderson stated that in order afcertsin thu
entire farmers and i'm Partially OF the juror lA
tude muet be allowed in ipterrogstipg him. He,
therefore. proposed to PROFOUND TO him the query,
whether be bad an opinion upon the tact Of
sxpeccn to Cubs and upon the guilt Of the parties
nphsatsd In that expedition
The Distrct Attorney objected There was no al
1t as bad precedent. His Affirmative answer 20 the
question whether q crime had been committed, you'd
not di,qualify him a. juror Ii wa. mere pumpiuse
juror support a theory, and went to prAct,csi
object The only proper question was whether he
had formed an opinion As to the guilt innooencs Of
Mr. Benjamin had anticipated this point and
brought decision exactly In point, Of Chief Justice
Msrshsll In the trial Of Burr.
Mr. Henderson replied The question was msundsr-
stood by Mr.. Benjamin.
Finally it was agreed that tns folio wing question
should be propound.d to Mr.. Cockrll
Have you h. ard that there was military pedtsa
that vent from this city TO the island Of Cuba lest
sir cockrin-I resd It in the newspapers and In
the examination before the court That opinion ~osid
The case.
Mr. Hender.on-Bave you expressed the opinion
that John henderson vas guilty, If connected With
Mr. 0ockrili- did say 30 to 9 geatlemsn nov In
court out suotu III scttng a. Juror shOuld
eide the according to testimony.
Mr. Hend.rson-Is u your belief that was ccmph.
Gated In said 81 pedifion
Dir Cockrill-I believed " on newspaper statement,
and becsuse II was not eontradicted.
Mr.. BenJsmin- Have you formed opinion the
guilt inEocsnce OF the accused that year mind
not open TO evidence and argument,
Mr.. Cockrll-I have nothing against Mr. Henderson
/ thought the expedition q violation OF las
Mr. Henderson, Would ycu require evidence TO re.
move from your mind the impr-ssions already exist
ing
Mr. Cockrn-I should require evidence; but some
hing more than newspaper evidence
Mr. Henderson-Wonldnt IL require more evldeno.
10 make you disbelieve the opinion already tormedt
MIR. Cookrill-O f course, IL would
Mr.. Henderson thought the juror could not be
Judge McCaleb decided that, though the general
tenor Of the jurors would imply that his mind
vas open to evidence, there bias and impression
on his mind which had TO be removed. Mr. OockrA
set aside.
b. NJ Norman vas called. and In answer to queries,