The daily union. [volume] (Washington [D.C.]) 1845-1857, 1855-05-10
THE KINNEY AND FABENs EXPEDITION.

We have abstancd from all comment upon the coonin.
ton project of Messrs Kinney and Fabens for the
that deem 1t improper whilst case ID impending
for investigation and decision to medde in any way
with the regular of judicial proceedings It SOU
purpose only to give succnct statement Of the ca
as ii stands since the proceedings which brought p
somewhat abrupt conclusion ia the district court
New York Monday last, As we understand the enter
prise Of Messrs Kinney and Faben it is briefly 40 follows
A citizen Of Nicaragua, named Ferrcr is the owner
title from his government of large quantity Of agrcas
ural and mineral lands in Nicaragua which, in their pre-
ent condition. Of but little value He has entered noa
contract with Mr. Fabens to give him mn interest ia 'hos
lands upon the consideration that Mr. Fabens viii Intro
duce settlers upon them for the purpose Of developing theft
mineral and agricultural capabilities To this end NJ
Ferrer has empowered Mr.. Fabens to make all necessary
arrangements for introducing coonists To carry out The
contract Mr. Fabcns has given COL Kinney an interest
the consideration that he will raise and carry to the sna
in question the colonsts needed for developing therr
sources Messrs, Ferrer Fabens, and Kinney, hereoes
jointly interested in colonzng for the purposes menon
large quantity of lands in Nicaragua owned by sa
gua citizen, and by him to be conveyed for the purpose
and on the considerations stated For several months ca
Kinney has been engaged, publicly and notorousls
procuring colonsts and providing the Of their ra
portaton. When his arrangements about comPsas
vessel chartered carry his colonss and their rars
articles for their homes, charge lodged with ~
district attorney at New York to the effect that the cu
prise Of Messrs Kinney aud Fabens unlawful being
military organization in conravention OF the neurp
laws On this charge, but whose what proof has ~
TRANSFERRED the district attorney preferred bill Of ndFs
against Kinney and Fabcns; the was returns
ga true BILL and thereon bench warrant issued for tes
They were arrested and held 10 bail with nr
ties in the OF ten thousand dollars each. rhsPr
coedng takes place only days before the expedition va
advertised to sail from New York Having entered p
bonds Kinney and Fabens applied to The court which wss
session. for immediate trial. asserting reason this
legal proceedings necessarily mpeded herprePasicyF
engagements for sailing and that delay would prove at
injurious TO their interests The district attorney 'rs
the application bu, IL deemed reasonable by toesN
and Monday last fixed for the trial. On that dN =
parties appeared, and announced themselves rao'
trial. The district attorney moved for continuance W
his own affidavit alleging that two material w'Das
were absent and that he had been unable 10 serve ~
with process to attend but not stating VIVA, thf sp
Ptpfcf VI thAt ne hHQ uui hrsofsnpt ~ " "''f
tendance could be secured In the o. bis afsaa
he, in effect conceded that he able 70 addn@
evidence which before the grand jury on 'he ~
men, but this be stated in his affidavit that D *
not safely 20 10 trial. The motion for continuahf
resisted the grounds that the affidavit was iaap''
that ali the proof on which the indictment vas ~
present the ought not 10 be continued ets'
pos,popement would deny to The accused ias ~
Of speedy trial, and inyolve them 10 heavy losse
court cverrued The motion for continuance deeia'as
the affidavit insufficient, and that grand juiy
legal right TO find bin except upon evidence
satisfies their minds Of the guilt Of the accused.
evidence present which the bill was io''0
court thought the district attorney would DC Jnsup
going 10 trial lie therefore, overrulea the m'u
continuance Thereupon the district attorney snu0''
bis determination 10 proceed 70 call and ~ w
The court then discharged the parties and tneH ~
from their bonds and took The rccognzanees o. Aes
ney and Fsbens alone 10 thousand dollars saea
pear at the next term The district attorney NN
In the by Mr. Cutting, who appeared % W.
sentative of Mr.. Msrcolcta, the minister from Ae"S