The daily union. [volume] (Washington [D.C.]) 1845-1857, 1853-08-19

@ Wednesday. Angus, 10. 1858, n
The DISTINCT Attorney stated 10 the court that he
about 10 submit motion IN the Gardiner cases
la June last The court, the application OF the United
States, postponed Tie trial oil these await tbs re
turn oil The commission which the government had sent
to Mexico On that occasion he had stated 10 the couI
That The United States would be ready 10 proceed WIN
The TRIALS so the oommiss should return allow
iDg lew days Tor collecting absent witnesses tee
sisphc despatch has appeared In the newspapers 10 the
elect INA, me commissioners had on the I'm Instant
reached New Orleans on their return 10 Washington.
though The government had not II believed yet re-
eeved any communication OF the fact there seemed no
reason Tor doubling IT. Al all events, the counsel Tor
the United States willing its correctness.
he district attorney supposed that ten days wsud be
suhoent time 10 allow Tor the commissioners 10 return
and certain absent witnesses be summoned He there.
fore moved The fix days hence for The H,a OF
the The pending motion OF the counsel for the de-
PENDANTS Tor continuance could be dered by the
Mr. Carlisle said hchad nothing TO add TO what he had
stated during the discussion Friday. III "a colleague,
Mr. Bradley, and himself had obtained from the circuit
court posponemeni OF their there I'LL The first
Monday In September, IN order 10 enable them TO at
tend 10 The Gardiner In the criminal court and
they had understood that the district attorney party
to THIS arrangement They bad urged the trial OF these
prosecutions. but this court thought right 10 postpone
them at the instance OF the United States Ii would be
impossible 10 finish even one OF these cases il now taken
up, before the first Monday OF September ; and they
could not expect The circuit court 10 grant further posi-
ponemen Were this court, therefore, to grant the
lion OF the United States, would be equivalent to
curling the deiendanls 10 employ counsel lie need
not say how great would be this hardship in OF this
description. Their present counsel could not. without
violation Of professional duty. abandon the civil
which had been postponed.
The District Attorney said The counsel the other side
were both mistaken 10 supposng that he was any party
to The arrangements by which their civil post
roned During The thai OF the against George
A. Gardiner, in passing through The circuit rOom
one OF The Judges remarked 10 him thai some disposition
the trial docket. His was, that he then
staniy engaged in the criminal court and conld be
in the citcu court These Cases subsequently
nued by the circuit court, he not being present, till the
next or October term, instead OF being merely postponed
TO the adjourned session Of September the civil
OF GARDENERS counsel continuance to the De-
ceber term OF The prose against these defendants
would be attended with expense 10 The govern
ment, and with The danger of lis losing important tes'-
mony. The foreign witnesses had been long absent from
their homes and their business, and were impatient 10
return. They had already been detained much longer
than had been promised and expected The continuance
granted to the defendants last summer followed BY
the loss OF important testimony the government Some
OF the Witnesses refused 10 return. The circumstances
in which The counsel Tor the defendants placed,
though much 10 be regretted their accounts, were IN
| result OF calculations which they had made 10 the
OF the trials in the criminal court which cslcua-
lions turned out 10 be erroneous But this was risk
which they had taken themselves The result ough
not TO weigh against the public considerations calling Tor
speedy trial Of the The practice Of the court
required an a avit for continuance and none had been
! filed.
| The Cour said It was not in the habit OF req uiring
adayils when the matter rested in the personal know
I
The Dsuc, Attorney. We do not ask the counsel 10
swear 10 their statements but we insist on aidavs from
| the defendants.
Mi. Carlisle remarked that he had not said that the
District Attorney party 10 The arrangement by which
the civil OF himeelf and his colleague post
poned VIVA, be said tina, he understood such TO be
defendants could state He thought newspaper report
that the commission bad returned was an insufficient
basis Tor the District Attorneys motion:
Mr. May. for the United States enforced the groundf
taken by The District Attorney OF motion
to nix an early day Tor the trials and IN opposition 10 the
motion on behalf OF the defendants Tor continuance
States were not parry TO the arrangement in the cir
cult court Had that been he must have been PTivy
10 it. He referred to the situation OF bis own profes
siopal business elsewhere placing him in circumstances
quite as Involvement those OF the gentlemen the
other side he did not however, regard the convenience
of counsel either side as subject for conside raon
on these motions The pr,ssn commission bad gone 10
the spot where George Gardiner had located his mine.
THIS he did during the recent ,ral for the frat time.
The commissioners had taken with them copies OF the
drawings which the defendants had offered in evidence
on the uia The counsel for the government knew not
what evidence the commissioners bad brought with them,
whether they had brought any. But. said Mr.. M,
we are willing 10 take all risk that head. and il is our
duty to insist ual. II the think ten days
not sufficient notice, let it be fortnight As TO the evil
dence OF The return OF the the statements
IN the newspapers correspond with the last account from
| Capt. Mordecai. Mr. M concurred with his colleague
IN requiring affidavit
The Cour, after expressing it's willingness 10 try the
day which the counsel both sides might
agree on and ts regret that such agreement lad
been made, decided that the defendants entitled
continuance I'LL The next term and ordered the contin-
uances 10 be entered
| The District Attorney. The Court having overruled
our motion. aad granted The motion OF the defend
ants TO continue The till the December term, the
ground OF the engagements OF their counsel in the civil
courts, propose TO the gentlemen the for
trial on the hrs Monday in November That will be
saving month.
Mr.. Carlisle said that the term of the circuit
court would begin the third Monday OF October. and
that he and bis colleague would probably be eng aged
during the month of November but that they would
agree on any day in December which would sui, the pros
ecuiion.
The District Attorney. As the are to be de.
ayed I'LL December, lei US have the first day of the term