The daily union. [volume] (Washington [D.C.]) 1845-1857, 1853-05-26
TO BE Continued
WEDNESDAY, MAY 25, 1853.

The jury in the case of the United States against George
Gardiner not having agreed the court adjourned nll
Tomorrow morning at Ii o'clock.
Before the adjournment, the District Attorney read TO
the court The following paper:
The court having on the llth OF March last, against
the earnest objection and reOnstrance OF the District AT
orney refused to try the indictment against John Charles
Gardiner before trying the indictment for false swearing
against George A. Gardiner and having ruled the uni
ted States into The trial of the said last mentioned ndict
nent, against like objection and remonstrance OF the
said District Attorney:
And the trial of tue said Indictment for false swearing
anst the said George A. Gardiner having occupied the
court from the said lth day of March, 1859, till the Goth
day of May next following, the exclusion of all other
business and other cases on the docket having been
disposed of during the present term except case o as
sault and battery, which submitted 10 tae
the Sh OF March, and OF larceny tried by the jury
on the 9th OF March:
And the court having, on the 23d of May instant
against the like earnest objection and remonsance OF the
said District Attorney. refused to take up 1oy other
on the docket ill the said indictment against John Chas
Gardiner and indicmen, against Geo A. Gardiner for
forgery should have been first disposed Of; and having,
on the application oil the defendants counsel and against
the objection and remonsrance Of the said Dis
lrc Attorney Sc, down Monday next, the 30th instant
lor the Trial OF the said indictment against John Charles
Gardiner:
Now, The said District Attorney. in open cour, here, on
this 25th day OF May. 1853 makes this his protest
against the said proceedings OF the court and for the fol-
| lowing reasons:
lst Because they contrary the established prac-
rc. of the coults of the United States as well as of the
Stale courts which is 10 allow the public reg
uae the order OF business. He only know the
preparation OF the what is the evidence in each and
what their respective relations and dependencies He
is responsible or the faithful discharge of his duties
The nteposilion OF the court, the order OF
aess, disabes him from dischagng his duties properly
| but does not in the least lessen his responsibility.
2i. Because, besides the general objection Just stated
the said proceedings OF the COURT they In the opn-
ion of The said District Attorney subject TO particular OBJ
jscons arising from existing circumstances, which
stated by him to the court on Monday last
There now on the trial docket of the court 66
cases. the appearance docket 23l cases-n all, 297
cases, OF which 81 presentDenis made al the
presen of the court Among these several
of high grade OF crme and some in which the accused
in jail All the accused entitled 10 speedy trial
All have been kept waiting for two and hall months
for the trial just ended against George A. Gardiner If
the other indictment against him. and that against his
BROTHER are TO be disposed OF before other defendants
be tried the strong probability, If not moral certainty, j.
ha, all the other will be delayed during The resi-
due o The present term, and incur further and indefinite
delay aiierwarI.
The consent of "a few accused individuals to this de-
lay affect the principle which makes il the duty
ol The District Attorney TO see that the whole docket
snot made subordinate 10 ,hree cases that two cn-
prts not 10 destroy The right OF all The rest speedy
trial and (thou2h such consideration is OF less i'm
portance) that the United States should not be subjected
to jail expenses or the convenience OF parties who are
out on bail.
And the said Disc, Attorney in view of the ioreso-
ing facts and considerations, hereby respectfully makes
known TO the court that on Monday next before pro-
ceeding TO call the pending cases against John Charles
Gardiner and George A. Gardiner, he will call for trial
The other on the docket in which the United States
may be ready beginning with the cases OF psoners in
jail
And the said District Attorney prays that this protes,
may be entered On the files Of the court
r. r. FENDALL,
United States Attorney, ID. G.
MAY IS, 1853.
The CouRr The paper does not set forth the facts.
never heard OF protest in such case.
The DISTRICT ATTORNEY Where is the error in the
statement of facts II there be any, can be corrected
The CouRT. never heard of protest from the Dis
irci Attorney. You set forth only what you choose.
You do not state that human being has asked iOr a
trial.
The DsrRrcr ATTORNEY What the cour has or has
not heard is niuaieal The only point for my consde
ration was, whether had right 10 put on record my
aln