The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-08-11

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guilty with the exception Of VIM sti who not
sent Messrs vandyke and Webster appeared for Com
monwealtb, and w. :. Pierce for defendants.
Mr. Pierce counsel for defendants asked that the case
be postponed because the proceeding had been pressed
upon them with great deal oil haste. Ina. 'ns % on.
GRAND Jury. That Of the Defendants VIM sim, wns
not present That counsel had not time to tsive that
consideration which the merits OF the demandeA
That counsel Commonwealth have done their
utmost To agiiac and successfully the public mind upon
the issues involved and Ia be involved much 20 ~ war
ranrg right OF the defendants 10 have all the time
necessary to couneract excited public feeling That
might he necessary the of the wo
man Jane and hor two children though she may be out
Of the jurisdiction Of the court There are also witnesses
in New York
ludge-When did the parties here enter their rccogn
zancess
Mr. webs.cr-on the Isth Of July, by Alderman Free
postpone that particular case. The dcfendAnts
counsel had notice given them that the dcndant would
has orders from the for Nicaragua.
We have also witness from New Jersey and an onheer
in the n army ., the United s,ss. who % may any %g
nuancc asked by Mr. Pierce has never been decin-d
suhcent by the Court le the public mind excited or
not the judge and the jury OF all times adequate 10
meet such cxigcncer The right Of ehaensr can be ex
crciscd
judge held the Caurt during the present week for
the purpose Of cleansing the prison the District A.
torncy viii tell m whether this VIII exclude tho
trial of the prison cases will be better prepared TO an
Mr. replied tina, II would not interfere with ,hc
prison That he had given the defendant motto.
| that he would call up this to-day
Judgv1he defendants win please put their motion for
| NJ Iia,ca hsre .xa,nnin,a M i McKimm who swor.
that he had teIeyuhed 10 New YORK 10 gentlemen VINO
cognxant Of Of the most important fact Of the
case; that he rece, ed answer 10 tine despatch
WIN Still lcolore) vas nlso examined and said that
he had important wi'neeses who were absent.
Others Of the defendants testified TO matters OF similar
import. .,.
| h. denial .ad sscheat ~ us,icc From the moment
these nnrties were hound over due diligence has not
! been made "a collect the witnesses.
When m. Judge declined 10 hear him and made few
remarks ue ssdIn declining 10 benr the counsel for
the for continuance have of course decided
tbo ,n;n, IA ,u ni,a nv reasons ppon which that
| decision reats In The 9rrt place. / have mani
Sssted d,s,jnc, inaisnosi,ion 10 try this cause nj
| this time II ia kno,yn TO the bar that during
| lie mon,b Of July I have been performing the
d,,y =, n ;n,sHi hro,ber The month nr July va. INV
rerod Of vacation nnd rave Il up 10 the public and
resumed The dutie, 81 INV bro,ber Allison who il csnci
10 h. house by severe nflction The only possibility
Of vacation for myself vns 10 make next week and that
The public might NOT suer and that those no were sp
;i,led ,o nm nenui,ts should be relieved took Il u1on
myself 10 call upon the reporters md request them in
ey, In ,her pt;,e tbs, The court would @c.
a. usual on the first Monday In August Having been
frequently cal, upon by member. the bar and inter
ated upon question have uniformly stated tina,
hail should be tried in exclusion @, prison
How far that nigh, have had s iHnaence in inducing
hat bad practice in reference 10 this or any othc
care do not knew but has certainly had the eject o'
making the Court look with fa,orable eye upon c sp
Ilicaiions ir continuance In bail cases AZ 70 the 1ncon
oesei'ement iee none nor DO hnh any Juror IN mat
box would fec ~ IL l. m ordinary case whether OK No,
certain number ~ eo"rcd person. ronm'.sa . ee.
tain offence alleged IN the bi o' indictment ana only
persons ~ extreme Opinions are excited about ~ ihe
great mass of the community are Tree from eScitemeht
but there are two circles who are no doubt great ara
excited .nd who 90 not comprrc he greai 200! ~ 'ne
pe"Pie Iberet"fc, ,he quesuon ot eseneiheh, hhs 10
bearing eS wy mind IN inonos for hs continuance .i
thlr causss again, me teiegrnhr eoInmuhi.su@n, y
very htfe Importance by ii,eu Iherc shoupn hs,e
been pre'isn. Correspondence Win The gentlemen nhmr'
and arrangements should have been MADE Win them 'ar
| coming on here ~ the ,nrhest po'.D'e nouo. q
| simple sehhpg of 'i'Rrnnmc hspatoh' Nnhy
heih 70 eonf, men thr] hhn ivt b''h oe'"fe mo.mi
| Iht ih'y wonin tc shhten eouia NeRh ho'hins "
CIV nov nv ,e'i H'o"h.N 'or I'm mn -" -
m' consider the ground presented py ,hc man vnvse
mes ~ :, ~ y M ~ = r.A,n @ M, 'ns w..
.Wh,u' H"h ih 'M' - o'n,'nu'"' p'a'r' -" -,
uei'huhhr ~. hat ohf /" 'heH huHm't Nn, VIZ :.
hequiten ma "ho-e innocence ~ y m.5"a'h
fno",ns, INA, , NJ y 'h.r.'u ~ ~" u.
.,ehty 'hat WIZ pe an hIof'ah NHhc's iV u'nh .iVh
'he i.'r,oh Nar Put Ion 'h' paE ~ " NhcH'F lat
loin, nAh Tsn oscni eahhnt poin !. any Por'tiNt
ute"h pul cah i'chi 70 thf iAot anu h' a'ny p'c
uet no ot'n ieVpflea put Nh'h - mAasd P'iht'n W
mu'ions pr connuance " b hot u-nhl tor aPpicauoah
70 le mace 70 lhr ,ourt upon pfecir"y 'n"i Rronhh,
We allegation being that tbe vi'n:se' h'1 re1 en-.
bfseed IN The b for the purpose Of oRcadng hcm from
the witness stand and that they had not been arrested
with the intention Of trying them. Where tn. District
Atornfy lect impressed with the idea tina, there 4
truth In that he either fgof, pU1gnt
the alleged witnesses put all the parties trial Al
time, the other hand whore they tried
| Iaratey one party can 10 a wttneBr f,r the other.
bosdes still has been about the city during the IN.
term between the commission Of the alleged Offence and
the pteaent time and has not been arreste, upon any
| warrant i.sued and therefore h. 4. not preparcl
for his trial and should have that time given him.
But this continuance does not rest on that ground.
.o.t.. I.fcd cd.u