The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-03-06

ment. He hnew that Saturday bsina motion day wa
one on which they were much occupied. But he un
derstood that another meton In the shape obsc
tion, would bs made the part Of the dsfepdsuts
this cause aad SO, he should like to It dspessc
OF now.
Mr. Cutting said they were not prepared Tor that a
Preeent The objection that had been shsdowed forth
only thrown out In ssions wav p spd oa NJ
opportunity VIII occur for the motion until counsel
tsss; part in s: trial bu, he r e. had obso
stood that his very eminent and able friend, Mr. uoT
man has been employed by some authorities in Wash
inetcn to assist Ia the prosecution against citizen
here who stands charged with this alleged exped tou
and when the time oomes that his very eloquent and
learned friend claims right to represent the govern
ment Tho counsel for tho defence will submit to thu
Court that the government at Washington had no
risht-thoush ne Mr. admitted it to bs sound Sc
Iection-n0r no ocer OF the government, whoever he
may be, that has undertaken to employ counsel had
any sueh authority. They know no law which author
any other counsel the District Attorney unless
proved BY the different members Of the different por
sworn ofcer and assistant perform the aui,sof
that tfce unless ne takes the oahs OF ol can
not act without the Intervention Of th rnment-.
without the sanction Of the eensto ut being
clothed with some authority which wald fanotion his
acting In that capacity. lie enter the highest
esteem for the learned gentleman, b. he meant to say
that neither tne Secretary of State any func
ti1nsry has right to appoint prosecuting officer.
Mt Van Buren Nor the Spanish government.
MIR Cutting Nor ths Spanish government as my
friend suggests lie (Mr. C) meant to avow that he
would get rid he could Of the very great many
i
The defendants felt that It pressing this matter he
would not say to perecuon that the government
deavorpg to add to the talents of the District Attorney
Politics should be kept out Of court and political nu
enoes should not be brought to bear on individuals
menf, other ofical had . right to procure poll
ticsi aid for the Of alleged political offence
But they would be prepared to argue point whom the
gentleman appeared in tbs He believed that this
of the evils which had crept the admnistra
ticn OF Justice Parties In Warrington, without tho
authority Of Congress- bad from time time selected
Rentlemtn
ebouid like to know whore the warrant comes from
Of the sickness Of the District Attorney counsel
might be appointed; but even then, he (Mr. g. should
ko toses the warrant When it to the point that
the gentleman sha put the armor OF the
and fight under the banner Of the District Attorney
they would be prepared to oppose It, Tho gentleman Of
course did not act without the for counsel
are moe expected they in tho habit of giving
their time and professional services for nothing.
ut Ogden ' Hoffman said that though perhaps 1t did
be begged to ocr few observations to his position
there He did not certainly there in honorary
and the counsel was undoubtedly right when
he said that no lawyer be expected to sve time
without renuneration As to Mr Cuttings regret In
making the objection and his catering observations
Mr. Hoffman tbous hit he should bs obliged take them
rs guided p but the gentlemen may bauish s regrets,
sueb sSs sm,n,ns ,S and ~ can % hsa m
hoped they would kot think he taking from the other
side the stereotyped compliment engaged for the
should be given to the District Attorney to sviscerate
tho truth II the court should deem the engagement Of
bow to the dscislon 1t was practice as old
as the government ITSELF and from its infancy walked
rred to the In the of Colonel Burr and
politics were to be spoken Of to the trial Of Mr. smith
and Mr. Ogden Mr.. Pierrepont Edwards came here to
assist MT sandfold In that Mr.. Fl. referred to
ether He believed that Of the counsel for tho
defence. (Mr Van Buren, when Attorney General has
had counsel sctng with him The precedent has been
universal, without cavl; and when he found himself
sheltered BY the precedent Of such men, he did not
think that SO humble individual he should be sub
ieofpd IN arrrha yfy anrd duary nfinuo
understood that Mr.. Blankmsn, who not iu
court, associated with the learned gentleman Mr. H.
raying If Mr. Van Buren and Mr Cutting would With
draw he (1r would consent to leave the battle be-
tween the District Attorney and Mr.. Blankman
Mr. Van Buren, would like Mr. Hoffman to state BY
whom he Is employed
The District Attorney who was on his legs said that
lie woud state It, In the month of April 1861 proceed
irgs wero taken in this court to arrest expedition
against tho Island Of Cuba colony Of Spain with which
this government was on friendly terms At that timc
be (he District Attorney was by ono Of the dispensa
onS OF Providence attacked with luess and unable to
attend to his prof ssiopal duties Mr Evars hts assist
ant sppied 10 the Secretary Of State and through hn
to the President and 1t was suggesed that Mr Hoffman
government aud he had not been engaged by tn. 60
no (Mr. Hai) should hsve suggested to the
to appoint some person to take portion Of
the labor OF Off his hands there gentle
at the bar whom he should have named before Mr..
Hoffman. The defendant, Mr Oaulliyan himself law
yer has selected two OF the most eminent practising
lawyers st the bar for bis COUNSEL and could 1t be sup
potsd that he Mr Hall should meet them alone for the
presiding Judge, prosecuting officer in neighbor-
ing State and had occasion 20 employ counsel. he was
sanctioned hy the court to DO 60 and he (Mr Ha had
the honor OF standing eide by side with him 10 impor
tsnt prosecution Mr. Hall then cited several Of
precedent MIR. Webster had been employed in crimi
nal cse and hs (nr contspded that the President
had the power employ counsel in civil and criminal
prosecutions behalf Of the United States lie alluded
to the trial Of Douglass and Benson for murder whom he
was III and could only appear In court but took no part
In the proceedings Mr. Evarts, his assistant and Mr..
Hoffman, who was employed by the government appeared
fha ktapid nf
Ne (Mr. HalD could not yield to this objection Mr..
discharge OF his high trust can employ him
mr. Van Buren remarked that the discussion was
would be wen for th, Court to understand that the
prscise question the defendant desired 70 pat,
whether the President Of the United States has tne
authority employ counsel while the prosecuting Of
fcer is entirely competent to discharge his duties and
while there Is anticipation Of extraordinary labor
He (Mr. Van said that the President has no autho-
ry to employ individual 70 assist the District At
torksy he has such authority 1t should be given &c
properly administered; but he cannot appeint poet,
master to 60 and assat the postmaster, nor marsha
to ssist the naI.ha and he submitted that he had
authority to appoint COUNCIL In prosecution, fer tho
simple that there Is law giving him the power
20 DO It'll. true that the Dstris. Attorney Ia, been
assisted In several prosecutions but ie also true that
the election has not raised It therefore does not
fellow that when tn. question rsred these
posed 70 aot ~ indifferent bat the people and
prisoner the judge aud jury; and he submitted II
voula be reasonable for the government enplcy
leIspn 20 sit on tn. beuoh to suggest 10 che jud
ctEidr tfs Jury end assist them &c their de,io.
ssiO urty counsel to aid in oonviction Whoa par.
tie be tried for political offences It icproDsr
that az, government should step In and enpls private
I ecurul.
Ai,r rome further obssrvetiors from Mr Hall s,c,
Nr Cutting whs remarked that the matter might nc,
| ba conslosred discussed as fully a. II carle be-
Tho Judge said that he was not uallsa TO dscid
bs master uowi but as to the qusSion OF postp
he thought II better In Consequence Of thu iaeryss
ticn OF ths fsbbsth-if hs might tf.e trrm-t
| ocvmeDce this on McD4ey morning ehaa All IA.
| Gee will BE- expected 20 be ready
Ths District Atto'uey-I an ready, sAa Viii be read,
| X Iuva
Court Vaisnd,r--ThM Day,
burnkMR O0Unr II Q. NkR a. TEnm --Nntinna a4l a