New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1855-08-11
from Ioss of blood and was conveyed to his residence
His wounds are also OF dangerous character.
THE WHEELER SLAVE CASE.
pow TAe Ptns.ylranicn. As1. 10


charge OF not and committing assault and bat'ery
on COlone John Wheeler, and all pleaded Not Guilty,
with TIE pion Of Wtn STILL who was not present.
Messrs. Naucyke and We ,ster appeared for the the
Conn ouwealt1 and W. :. Pierre fr defe 'dints.
Mr. Pierce counsel for defendants, asked tni' the
case be postponed because the proceeding hat nsed
lTeetec upOu them with great deal OF haste. That
he bill against these par ies found bat ye-tcr Az
by the Grand jury; that of the defendants, w n.
still. not preseut; that counsd had not tine -
give thet consideration which the merits OF tn case
demanded. t6et the couf sel f,r he Common geait1
have done her utmns- 10 aCate. Gni euccre-f diy,
toe public mind upon tie issas involved aud u be
involved, much so warrauiing the night Of the
de udants TO have al The time necessary 10 Ouater-
act On ex'ed public feeling. that It might be neccs-
to the presence of the woman Jane and her
two children, though she may be out OF the lurisiic-
ton OF the court. There are also witnesses IN New
York.
Judee-When did the parties here enter their recog-
Iizauces
Mr. Webster-Oa the 18th Of July by AID Free
HraD. If The tefeose are not prepared 70 Try William
STILL we can postpone that particular case. t1e de-
efCgne counsel had notice given them that the Ge-
febdGuts would BE- tried to-day. liz Is necessary be-
cause Mr.. Wheeler has orders ron roe Government 70
leave for Nicarag Ia. We also have a witness nom
NeV-Jer-ey, and an officer Ia the army Of the United
Siaics, who may a. any moment be called away Inc
gr0uIc upon which continuance Il asked Oy Mr..
Pierce hes been d-cmed sIi isut y the purt
Be the Iubic med excited Or not, the judge and the
jury al al tunes adequate To meet such exiSonces
lie l. NJ OF cheleuge can DC eAerclsto
JUG eI telO the court during the present week TOT
the puruo.s of clearing the prison. IL the District
Aor ey Will rel whe her this case will exclude the
tral Of the prison cases will De better prepared TO
answ' the question
Nh. Man replied that it would not Interfere with
the prison cases. Thai be had given he defendants
rOce that he would call up this case today
,Judco-The defendants vii please put their motion
for a oor tnuance upon LEGAL grounds.
Mr.. Pierce bere examined Mr. y. Mchimm, who
ssore tha Re had telegraphed to New-fOrE to gentle
men who were cognizsnt Of some of the most import
ant f.cs Of The case That he had received answer
to the Dispatch.
Wm Sill, coored was also examined and said tina
he had imnortsnt witnesses who were absent.
Offers of the defendants testified TO matters of SINH
lar import.
could be denial and es ,beat OF justice. From the
no1n.pt th So parties we're bouud over due dill gelce
has not been made 10 collect the witnesses.
MIR Pierce was about to reply, when The JUICE de-
ciptd TO hear him, aud mGde few remarks:
He sai1: In declining TO hear the counsel for the ap-
,Icaiou for continuance | have OF course decided
The point and will give my reasons up1n wacn t,at
decision ats. In the first place have manlleste1
distinct iuds oson 20 try this cause a. this tine. IL
Is Known 10 tie bar tha during he month OF July,
have b. en- performing the duty OF au invalid other.
The month 81 July was my reriod OF vacation, AMI |
gave il ~ to the public and resumed the duties OF my
brother Ali-on who If confined TO his mousse oy Sc
were attic ion The only possibility OF vacation tor
m, self was 20 make next week, aud that the puoic
might not suffer, aud that those ~hO were enn'ied 10
nm acgrta should be relieved, | took II upon myself
10 call upon the re or and request chem 10 Insert IN
eir rosI ecive papers that the Court would meet as
usual on the first Monday ia Aagurt.
Ha,ine been frequently called upon by members OF
the bar and ineroga ted upon toe qu.snon, nave
uniformly stated tha 40 bail ,dses should De trlel III
excusicn of prison cases. How far that might nave
had ifs hueuce In inducing sOne WHAT bad prac'ice
in reference to this any Otnef case 90 hyt hao"
bat il has certainly had the erect of making the court
look with favorable eye upon inc apPnca'oi7 io'
continuance in bail cases.
I thisk an, Juror N tha, box would feel It. II Is an
ordinary cose WHITTIER or not certain nu noer Oh COZ
ored persons committed certain ofense alege1 III the
bill of Indictment, and only persons OF eAtre opn-
irs arc x.iied about it. The great mass OF the COM
munity are free from excitement, put theIS are '@o
circles who are no coubt great deal exced @1d VINO
do not comprise tie great body OF me people. lneie
fore the question of excitement mas no bearing on ny
mind in a motion for the conilousnc, OF Ehs cause
Again. the eIeeraphic communication. IL Is Oh very
little importance by itself. Thee should nave o'oh
previous correspondence with the gentlemen nanei,
and arrang emenis should have been made wih then
for coming on here OF the earliest possible puce Tie
simple SCI ding of teeguphic dispatch, telling tuem
10 come when they bad lot been before Informed tiat
they would be wanted. could Wei nothing.
will give now the real grounds for continuance,
and frst lei ne consider the ground presented by tne
man. whose name is Sul or rather the appllctuo o
which he is the basis. He is IN tae ball OF indictment,
because tour or five defendants say hat one oil tneiI
npmber who will be acquitted, aud whose innocence Will
be disclosed showing that he IL en- lued 10 such az
ouiiial 70 clearly that he will be an important wines
for them Now the question was put from the Oar as 10
wbttler that point had been decided. caniot pont
10 any positive decision, but can recur to tue tact
ard tue daily practice not oi1en reported, Ou' WHICH
i ALWAYS printed OF motions for continuance.
II il not usual for applications 10 De maze 10 ,lis
Conrt upon precisely similar grounds, the allegation
Lein that The Witnesses had been embraced Ia inc Dill
for the purpose of excluding toem rom me Wines
stand AND that they had not been 1rresteh WIN tue
intention of irving them. Where he Dlstfc-Au"iIey
Lcoe nnr, SID with the idea that there l. truth II
that he may either enter a nole proseqn as 10 the al
legged witnesses, put all the parheS on uiai al Que
time: or on the other hand where they ae 20 % urea
.eneratev one party can be witness for the Oiher
Resices Still has been about the city during tue IN
ts,im between the commission of the elegei ohense
end he nreser time and hes not been arrested upon
any warrant issued and therefore he II nos prepared
for his trial and should have that time gwen hi IL
Ruf tLis continue ee does not rect on that ground
boreb il has its weight. The other defendants swear
distinctly their inability to produce tnen witnesses,
who the, say will be important to their deeDSe ana
without whose testimony they cannot safely go 10 S
II Il oIIeoe cd that they were bouad TO make prepara-
tons for producing their witnesses a. al earlier time
than next Tuesday evening In strctness Vi law, tue
narN IA bound 10 be ready for tial wheu necognEance
I. due-the first day OF the term; but as TINS would
cause needless expense and great loss Of time, we
have Given the party until the time OF hndng the OH,
or tbereabouts or at any rate un TIE tern is far al
ystced TO bring in their witnesses. Such u the unit
In nractice-such was the practice when the
,el for The prosecution occupied Mr. Mann post
tion-and such is Mr. MAINS practice, uniformly
sanctioned by the court.
Tlere was prison case up only re" Gays ago.
Which on account of the absence OF Of toe Com
,nonvealths Witnesses, was postponed for two days
ard when called on the third cay, aud the Common
wealth was ready TO proceed the pnoner rose 10 his
lsce and sGd that important witnesses for hn had
,ot h.er hroughtin The question IS Ask 81 why he