The republic. [volume] (Washington [D.C.]) 1849-1853, 1853-05-26

the indictment for false swes riu 4 0Ainst Ceor 70
"A. Gardner, and having ruled the United States
INTO tue trial OF the said last indictment
against like objection and remembrance OF the
SAID District Attorney; and the trial of the said in
dictment for false swearing against the said 60.
A. Gardiner having occupied the court from the
said llh day OF March, 1853, till the Goth day OF
May next following, to the exclusion of all other
business; and no other cases the docket havin e
been disposed of during the present term except a
case OF assault and battery, which was submitted
to the court on the eighth of March, and case OF
larceny tried by the jury on the ninth of March;
and the court having. on the twenty-third OF May
instant, against the like earnest objection and re-
monstrance of the said District Attorney, refused
to take up any other case the docket till the said
indictme asa inst ,hn Char les G ardner. and
indictment against George A. Gardiner for forge
ry, should have been FIRST disposed of; and having.
on the application of the defendants counsel, and
against the earnest obec ton and remonstra Of
the said District Attorney, set down Monday next,
the thirtieth instant, for the trial of the said in
dictment against John Charles Gardiner:
Now the said District Attorney in open court
here this twenty fifth day Of May 1853. makes this
his protest against the said proceedings of the
court, and for the following rea sons:
L. Because they are contrary to The established
practice Of the courts of the United States. well
az OF the State courts, which 10 to allow the public
prosecutor TO regulate the order of business. He
only can know the state Of preparation of the cases.
what the evidence in each, and what are their
respective relations and dependencies. He is re-
The interpretation Of the court as to the order of
business disables him from dischar cling his duties
properly, but does not in the least lessen his re-
sponslbility.
stated to the said proceedings of the court, they
are in the opinion OF the said District Attorney sub.
ject to the particular objections arising from exist
Ing circumstances, which were stated by him to
the court on Monday last.
There are now on the trial docket of the court
sixty six cases; on the appearance docket two hun
dred and thirty one cases; in all two hundred and
ninety-seven cases, of which ninety -four are pre-
sentiments made at the present term of the court
Among these cases several of a high grade of
crime, and some in which the accused are in Jail
All the accused entitled to a speedy trial; all
have been kept waiting for two and a half months
Tor the trial just ended against George A. Gardi-
ner. Ii the other indictment against him. and
that against his brother, TO be disposed of be-
fore they can be tried, the strong probability If
not moral certainty, is that all the other cases will
be delayed suring the residue of the present term
and incur further and indefinite delay aiterward
Theconsent Of a few accused individuals to this
delay cannot affect the principle which kes the
duty OF the District Attorney to see that the whole
docket Is not made subordinate to three cases. that
two culprts MOTTO destroy the light of all the rest
TO speedy trial; and Though this considers ton
10 of less importance) that the United States should
not subjected to Jail expenses for the convenience
OF parties who are out on bail.
And the said District Attorney, in view of the
foregoing facts and considerations hereby respect
fully makes known to the court that on Monday
next before proceeding to call the pending case
against John Charles Gardiner and George A.
Gardiner, be will call for trial the other cases on
the docket in which the United States may be
ready, Beginning with the cases of prisoners in
Jail.
And the said District Attorney or,v, TINT mi,
bis protest may be entered 90 the files OF the court
p. r FENDALL,
u. y. Attorney, ID. &.
MAY 25, 1853
The CoUsT said; The per does not set forth the
facts never heard of protest in such a case
The DrsrsicT ArTosssY askea. Where 10 the
error in the statement of facsl II there 10 any, it
can be corrected.
The Covsr. never heard Of protest from the
District Attorney. Yoa set forth only what you
choose. You do not ssAis that no huma n bein z
has asked for a trial.
The DIsraIcr ArrosssY. What the oour, has
or has not heard 10 imna,srial The only point
for my consideration was whether had right to
pa on record my reasons against an important
change Of practice. Being clear that I have the
right, AJAX leave TO file the paper. The court re.
fuse the leave, and there 10 an end of ii.
The CoURr. Certainly.
So leave to de the paper was refused by the
court.
The jury in the Gardiner case not having gre ed
upon verdict, the court adjourned until to-day,
at ii O'Clock.
The COLUMBIA BANK, a small-note concern, To-
Gated on Pennsylvania avenue, Four and a
hall street, has ceased to exist, having, Tues
day, followed the example of similar institutions
in this city, and exploded. We have repeatedly
warned the public against trusting these irrespon-
sible establishments, and happy to know that
the advice was not altogether disregarded The
of the Nl'Olunhia
their face to have .'capital stock of 5 100 ,O0O
secured by pledge of s lO0, 900 Pennsylvania 81,
per cent. bonds," but in reply to the question BY
the ward assessors last month, I" w hat is the
amount Of capital employed by you in your BUSH
ness as private banker, broker or money lender?'
the manager replied, Ten thousand dollars" A
friend informs US that he several weeks ago saw
| in the hands of person somewhat distn guishec
in public life, and who the eve OF departure
| for the West, notes of this bank" to the amour
of two thousand dollars, designed for circulation
| in that section. The number of broken promises
left az remembrancers in this District is compare
lively small.
While upon this subject, il should be stated tina
! there is "Bank ofAmerica" in George
town, three dollar note of which was yesterda
thrown away by one Of our merchants worth
less. While passing through our neghborins
| CITY last week, we noticed that they have Lafay
cite Bank lhere, but to its character We were no
| informed.
| The JURr IN THE GAspIsra CASE, it will be re
collected retired from the criminal court room or
| Friday last, since which time there has beer
much earnest inquiry as to show they stand'' il
opinion with regard to the innocence or guilt o
| the accused. All that we know upon the subjec
is, that yesterday morning Mr.. Hsnshaw, the de
putty marshal, reported to the court that there wa
not "the remotest probability of their making
verdict" The court replied, ''If they said so, W
| are bound to believe it," Mr.. Hsnshaw fur the
said that four or five of the jury gave him this in
| formation, and that the remainder of them, VIII
were standing by at the time, did not dissent from
it. An adjournment of the court until this morn
| ing at eleven O'Clock ensued.
ELDER PRArT, the Mormon apostle, who ha
been operating in this city for several month
past, but without making even one convert to tn
Latter Day Saint faith, that we have heard o.
has printed his monthly periodical in advance U
to September next, in which he gives notice tina
he ID going to England.
FIRE-A small frame tenement in an alley be
tween G and and Sixth and Seventh streets wa