The republic. [volume] (Washington [D.C.]) 1849-1853, 1853-05-31
LOCAL M ALTERS.

of the proceedings appeared that Mr. Ben.
ner, witness in the sasscer case, is confined to bis
bed by illness, while another, Mr.. Cassin, lie non
est, having gore to California.
Mr.. CARRIseroN asked the court to set apart
Thursday next for the trial of Woodward, indicted
for killing his WIFE
Mr. CARLISLE said large number of cases
mao just been called, and that not one response,
sready for trial. had been made But the counsel
for John Charles Gardiner were there and ready.
in this case, which had been pending for the last
two years. They were there, not only at the ear
nest solicitation of their client who ants the case
disposed OF, but in consequence of an arrangement
made with the circuit court, which, TO accommodat
them, had agreed to IN adjournment until the first
Monday in September next. The District Attorney
had said he would resist the taking up of this case
but be (Mr CarIisle) submitted that ii was not in
the power of the District Attorney to resist This
party demanded ttial having been under in
dictment for two years; and no one there disputed
his right to one at this time except the District
Attorney, who appeared in the somewhat novel po-
siton of defending the criminals in Jail. Who said
they asked for an immediate trial? Ifthey did, be
supposed they would ask for it through their respec
tive counsel The paper which be had seen printed
in the newspapers, over the signature of MIR. Fen
dali, suggested, in parenheses that there large
expenses attending the keeping Of the parties con.
uneQ In jail. Inese expenses are l1e0 by law, but
they are not equal TO the eight dollars day and
other perquisites and addenda attending witnesses
in the Gardiner cases. He claimed for his client
trial now; and would add that If the trial should
not at this time be gone into, the arrangement of
the circuit court, to which he had adverted would
drive his client TO the employment of other coun.
sci. He insisted that the District Attorney had no
right to say he would not try this case; and he
trusted that the court would net surrender TO the
prosecution the privilege claimed by it, simply on
the presumption OF the District Attorney, who
arbitrarily said that and B, and then and d,
and the rest of the alphabet who are not asking for
a trial. should have it. He (Mr. Carlisle) had a
right to look to his honor, as an impartial Judge
to see that the accused got what the Constitution
says he shall have, ga speedy trial." if could so
be called, after a apse of two years This he
repeated, was the only case ready; and were they
to go on uselessy calling the docket? He supposed
they were there TO go to work; and he supposed
his honor was ready to proceed.
Mr.. FENDALL, in noticing the remark of Mr.
Carlisle, that the course which hG had suggested
was an car arbitrary" proceeding. said that it was,
30 far from this, in strict conformity with the
practice of all United States courts and of this
court. AS general thing, this court had said on
repeated occasions that it would not interfere with
the prosecuting officer in relation TO the order of
calling up the public business, this officer is
presumed to know more than any body else about
the number of cases, their relative merits, and the
means for speedily disposing of them.
The Court, lnterposing, said the practice had
been established for convenience sake.
It'll
all other practice OF courts, it was liable to con-
troll. The only question was, whether the appca-
ton OF MIR. Darlington presented a case for ex-
cepuon. The counsel on The other side said ar
engagements had been made with the circuit court
to have certain cases there put off until Septem.
Der, and that If this case not tried now, he
did not know when it would be tried. Ali be
could say in reply to this was that the United
States was not party to that angement, and
if the counsel entered into it, they did SO at their
own risk. The gentlemen knew that the United
States took different view of the matter they
wanted try the Jail and other cases before going
into the trial of those (the Gardiner) defendants
Undoubtedly the Constitution of the United States
entities every party to 'speedy trial." but il en-
titles all equally to SPEEDY trial. 1t does give
one 'speedy trial'' TO the exclusion of everybody
else. 1t was said the indictment in this case had
been pending for two years; but the defendant
might have had trial last June, and be had just
had one trial
Mr.. BRADLEY, This defendant John Cbarles)
has had no trial yet.
Mr.. FENDALL put it on the ground of the other
cases. This defendant had had no trial, but he
was out on bail The general rule of the court is
to give preference to the Jail cases, not on the
ground that the accused should have speedy
trial, but that the Government is entitled TO the
speedy trial There are many men not willing to
be tried at all. He further insisted that the iai
cases should first be tried.
MIR. BRADLEY replied to Mr.. Fendall combating
the premises laid down by that gentleman.
MIR. MAY responded to the remarks of Messrs,
Bradley and Carlisle.
The CoURT pronounced an opinion on the oues-
ton raised, to the effect that if there no Jail
cases now ready for trial the case of John Charles
Gardiner must be proceeded with.
Mr.. M. THOMPSON said the counsel in Wood.
wards case were ready, but the United States
were not on account of the absence of a witness.
MIR. BRADLEY understood the court to say that
is the United States were not ready with the case
on Sasscer, that of Woodward thew would 90
of with the trial of John Charles Gardner.
Mr.. MAY remarked that MIR. FendalI had said
he thought he could go on with of those two
murder cases tomorrow. The question was,
whether the court would give attention to that
statement, or whether the court would call up
other case, TO consume months, 10 the exclusion of
the prisoners in Jail. 1t remained for the court to
decide.
MIR. BRADLEY asked that The Jury be sworn in
the case OF John Charles Gardiner.
The CoURT asked Mr.. Fendall whether he would
be ready tomorrow, (to-day.) If so, he would
wait.
Mr.. FENDALL could only say that there was a
probability the witness Tin the Wood ward case)
would then be here He was engaged on the canal,
and it was presumed he could be found and
brought into court by that time.
The Court remarked they could not deal in
probabilities.
MIR. CARLISLE. If Mr. FendalI will swear Jury
to- morrow morning. let him say SO.
MIR. FENDALL repeated, he had strong expecta-
ton of taking up one of the murder cases to NOR
row. He would not undertake TO speak categori-
cally.
The Court would wait until this morning, when,
If neither OF those cases were ready, the Gardiner
trial would go
The proceedings, of which we have given mere
~ hasty outline, occupied the attention Of ths
court tor more than three hours.
An adjournment then took place.
THE "DIsTRICT APPolNTMENrs' What was
rumor on Friday in relation to this subject is now
confirmed fact, Mr.. ]. G. Berrett hav-
ing received his commission as City Postmas-
ter, and Mr. Jonah D. Hoover his as Marshal
for the District of Columbia; and both of them
have, we learn, taken the bath Of office, and will
to- morrow enter upon duty. Mejor b. B. French
mas, it is said, been appointed Commissioner Of
Public Buildings, but had not last night received
his commission.
emo LICENSE. IA meeting of citizens opposed
to granting licenses for the sale of spirituous IL
luors was held yesterday afternoon at Temper
ance Hall, Ulysses Ward in the chair, and A.
Rothwell secretary They took action with refer
ence to the issue presented by the City Councils,
license" or emo license" and appointed COM
nittee to prepare an address to the public upon
he subject. They also arranged for a series OF
outdoor meetings to discuss the question.
WAsHINsroN national MosuMENT.-On Mon