New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1855-06-08
LAW INTELLIGENCE
CASE OF COL. KINNEY.

uNJTED STATES DISTRICT COURr--JUSE before
Judge BETTs.
Tho Dstrict-Attorney called on the trial OF Messrs
Kinney and Fabens jointly indicted Tor the alleged
breach of the neutrality laws in setting on foot an ex
pediton against the State OF Nicaragua WIN VINCE
the United States are at peace, &c.
Mr. Eager, one of tue counsel for defense, said he
answered FOR Col Kinney for the purpose OF renewing
n motion made yesterday that the trial OF Col Kin
nav stand over till after the trial in the case OF Mr..
Fabcns who is now present in Court. The District
Attorney objected, as he wished 10 Try the parcs To-
gether.
Mr.. Eager said that Messrs. Van Buren, and Hoff
man. the associate counsel with himself and Mr.. Fan
cher could not be present and that ground he also
whed trial be put oa The Judge replied that he had
MI Eager ud that Col Kinney had all the papers in his
and his counsel do not know the names OF
though they from him and he their office
tsrdsy and the Attorney determines to go on he VIII
The moved that the recosnzance Of
& SnDy be s an he could
hnehwasn The Judge thought the idea psopsf one lie
ysnhe then urged the cSu ne e o.
great sacrifice, and his case should be disposed Of
rnsked Suppose show that Col Kinney away by con-
!" cert with Mr.. Febens."
The Judge said the Court would not make any presumption
sganit party win Il presume anythins IA his favor II
shown Se,s BY iHssSi h ''''' '''
MI " then drew up an affidavit which by Mr.
Fsbsns which stated that he ia resident Of Nicaragua
shaf he IN this city 9Th April for The sole
purpose this trial and here &c that he has
dispatches from Nicaragua In relation % his private inter
that landed and other property which requires
his He he has been connected with
Col Kinney other In expedition and he doe
which Col Kinney engaged; nor does he
know believe that any such expedition spoken OF pu
posed by Col. Kinney
The District Attorney remarked that the Affidavit Is little mora
thar plea Of guilty merely adding h private business
C The be different grounds that the
against will unjustly affect and
inuIe the other, and matters such or that
The Judge said the Court Is that there facts
before the sufficient TO authorize them TO associate
Che defendants the Indictment They being connected the
r question Is Can the trial be sepsreed The supreme Court
has seEied that separating the trial Of parties joined In one In
sietment u aogc Their within the discretion Of the
Court before which the psries brought would not permit
be tried together the Judge said whore the te
the would prejudice the other the Other
hand would not consider proper TO place upon the District
Attorney the burden of trials when the evidence would
probably have such effect The present motion alto
Ecther grounds The application postpone sria
yesterday OF the counsel being engaged
where, but there objection made TO the parties beins
fried together.
Messrs. Fsncher and Eager made further remark
Finally Mr. Eager inquired Of the District Attorney II h
would Try the II Col Kinney into Court
The DstrictAttor replied that ne would The ma.e
then lay with the understanding that the ta proceed
Friday.
The Assistant District Attorney called VIM. Kness wit
ordered. The Court then adjourned