The daily republic. [volume] (Washington, D.C.) 1853-1853, 1853-08-17

he asked whether II was Just ana reasonable, UNI
der the circumstances, to force the trial at this
time, and suggested whether it was not unprece-,
dented to drive the defendant to procure new
counsel. The District Attorney, at the end Of
the June term, said that he read in the newspa-
pers that the commission has returned, and that
he does not doubt the truth of the statement
The only reason for this is Paddys reason. He
saw it in print, and therefore it must be true.
Mr.. FENDALL remarked that he did not know
word of what the commission had brought with it.
He could hardly suppose that the newspapers had
committed SO gross blunder as to say that the
commission had returned if it had not. He would
commence the trial on the supposition that the
commission has returned, and run the risk.
Mr.. MAY (of counsel for the prosecuton) said
that if any arrangement had been entered into for
the accommodation of the gentlemen on the other
side in the circuit court, he should have been
privy to it, They had never supposed that the
commission would be absent beyond the fifteenth
of July, and therefore could not have been favor
able to postponement.
Mr.. CARLISLE. It would be utterly ridiculous
to take up the case at this time
MIR. MAY said he should consider il to be his
duty to press trial at an early day, ind to sum-
mon the witnesses
The CouRr said it was not practicable to fix
day to suit all parties. The counsel ought to ar
range this among themselves
MIR. CARLISLE. We can't do any thing with
that ON our side. r s @
MIR. MAY. The expenses are enormous, and
the Government mt keep it's witnesses.
The CouRT said that the circuit court adjourn
cd on the thrtieth May to meet on the first Mon
day of September, on the express ground that the
counsel for the defendants might attend to the
Gardiner cases during the summer They cannot
again ask that court to adjourn for them, and
other counsel cannot be substituted for them. The
court was ready to sit here at any time between
now and the December term for tho trial of those
cases.
Mr.. FENpALL suggested that the first of Novem-
Der DO fixed for that purpose
MIR. CARLISLE said that he and his associate
Mr.. Bradley were of opinion that the cases
could not be taken up before the December term,
as the circuit court. after the adjourned term to
the first Monday of September, will again be in
session on the third Monday Of October.
The subject was disposed of for the present, by
fixing the first day of the December term of the
criminal court as the period for taking up the
long -ponding Gardiner cases
CRIMINAL CoURr.-Yesterday u young man
named John McCaffrey was arraigned on the
charge of assault and battery with intent to kill
a colored lad, named Robert Lee, on the sixteenth
of July last, at lime-kiln near Van Ness's Mr.
Fendall for the United States, and Mr.. M. Thomp-
son for the prisoner
L. ,,,.%,
Irishman, who said the circumstance occurred at
8 o'clock in the afternoon. Irr giving his evil
dence, such was the rapidty of his utterance and
the thickness of his tongue, that he was required
to repeat much of his language, and even then his
statement was not clearly understood.
Mr.. THOMPSON. Indeed, can't tell what you re
saying. How's that' Leaning over the desk
The witness proceeded with his narrative, faster
than ever, occasioning some laughter.
! The CouRr. / can't understand what you say.
A Juror. Speak slower. One word at a time
| Mr.. FENDALL. You will have to make short
sentences, and then stop awhile.
| The witness Ito Mr.. Fendall.) / put my head
out and saw him point the gun. 81 81
A JUROR. Speak this way. i4i1Y Gb
The witness was proceeding with his statement,
when he was again interrupted by a question,
sWhat did you seer" "And didn't / tell ye,'
responded the witness impatiently, and continues:
81 saw him cock his gum and heard q gun go off. +"
daughter.
The cousr. Did you hear the gun go off,
The CouRr. What gum Did you see the
smoke
| The witness. did not. I sa,u the report
Laughter. He then related how the white man
and the negro fought, and described the particu-
lars of the battle, one Of the incidents of which
was, that after the latter was shot he seized the
gun, and in the struggle the stock separated from
the barrel; the negro retaining the last-named
part of the firearm, with which he struck his an
tagonist. The white man then retreated, while
the black threw stones at him, which attack was
similarly returned. aaA
| Another witness, who spoke more intelligibly,
testified that McCaffrey, after leaving the lime
kiln, came down to the captain Of boat lying in
the canal and asked him for powder and shot,
afterwards discovered that the gun had load in
| it, Witness followed him out Of curiosity. Saw
him level the gun, and heard the report.
The negro came into court, and, by request,
rolled ND the shrt-sleeve of his left ARM to show
the scars which he received in the battle.
Colonel THOMPSON, the counsel for the prisoner,
called the attention of the jury to the fact that
some of the scratches were one way and some
other. If he had been struck by the load Of
the gun the marks would all be in the same drec
ton. 'Shot!" he exclaimed, "the idea is pre-
posterous!" 4
MIR. FENDALI. want the jury to see the scars
Mr.. THOMPSON. Pm much obliged to you for
that. To the witness. You heard Of mad
dogs There was one killed up there the other
day. & }E IHf
Mr.. FENpALL. You saw no dog'
The witness. did not.
A third witness testified that McCaf1rey, when
he came to the boat, said he wanted gun to kill
a dog; and, as he was coming back from the kiln,
there was ga dead negro, sure"
MIR, THOMPSON. Did YOU see n dead negro,
The witness. did not.
Mr.. THOMPSON (the evidence for the prosecu-
ton having boen closely addressed the jury,
EXPRESSING his great surprise that Robert ae was