The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-06-08

Before Hon. Jsdgs 6stts.
Wmss d COL. KnNEYi -Hm R1CoGNIxANCEs AGAIN
FoRFHHED.
Jgm TAT tAs sittng Of the court this msrnizg, the
District Attorney desired that Hsnry L Kinney and JOS
Fsbsns DO called. On thsk names being csusl,
Mr. KAgax said:-I answer for Col Kinney and rise
% mere b psspens his trial until after the trial Of Mr.
Fatsaz, vhs II now in court.
TAs DISTRICT Attorney said they were Undated tsss.
49,. s.a 10 woald try them togsthsr.
~. EAgar said that Gel kinney not ready fer
4tSs cd Mr.. rass.s 10 aow in court and wishes the
okAEge against him 70 disposed o. speedily Pos
ssss. stating ihs1 Ne mad an sas.s:ss.t for to day.
wAidh he had overlooked yesterday and Mr.. Hofaan
~ sssstsd In hi. cis, in April when hi. way Can
xok America. He then demanded speedy Niai ous De
~ ~ ~" s rcd Sd ron SO COO 70 his swn rscss
nace q o. 600 The Unitsd States karshal OF PhilA
's sss .. s.s nsS rst Ss n . q = r
h tAs cause was pa. OIL Tor two months 10 order 70
Skaa stopped BY rhe hare though he be-
v the District As'0fasy Is not ready to proceed With
ise Csurt-rhs case is very simple; If you think the
Dstrist Attorney Is tAmpsrng With you, call on the
tial and he is rsady TO 60 on, will DISCHARGE
AIRY 70 g into natter you have any nso.
tsa to make the Court will hear you, but all this re-
hearsal Of Antecedents Unnecessary.
M. EAgar-Ar. Van Buren 10 not able to attend Mr..
Holman u engaged, and have cause actually on up
THs Cosrt remarked that this matter was fully dis
SasseA yesterday, whsn he distinctly said that this
Court stand si for the ensagsmsat Of counsel
s1saas trap on yea and you moved ior : postpone
suAa& You viii have to afdavit Of the cause Of
- bss.g PREPARED with shs case q coa Kinney
Set prsesedug with trial Of Mr. FAsaas the ab.
800 q the codsssndaat; We arc mot accountable for
ID M Cutting counsel for the sovsramsat Of Nicaragua
Sfsss that Coo.si Kinney away with tbs connivanco
: ~. sr-we ara not privy to his absence.
3 10 Court said that couessl submitted affidavit
Il Certainty sS.rs a,s no a.hss On the part Of
- pubic persecution, he was roAty to try the case
yesterday, and it postponed at Jour Iuest; hs ID
sey - ty to-day oas ono OF the parties is not pre-
~ Faaohsr, a. one Of the counsel for Mr. Fsbsns,
~ Central America, ~heie he was anxious to return,
~ natisd tc speedy trial as vas here yesterday
CD q Aavs his trial disposed disposed Of.
ba L. EagsrThen the governrasnt VIII have TO take its
ssuse against Col KINNEY Weare ready to go on with
~ tiA q Mr.. Fabsns, bat decline appearing csun
IA District Attorney Forfeit his r.eogaizancs.
aA.s, his rsoognzanOe (sl oOO) Was forfeited, and
ths DsEct Attorney asked for bench warrant against
ms Cssrt inquired what he proposed to do With Mr..
mo District Attorney did net wish to proceed in it un
net proceed without the presence Of Col Kinney.
Txs Uourt-let bench warrant DO issued; when he
= arrested the Court Will tred with any further
tAe party must then either be tried or discharged
n. Ksgar then moved for severance Of their trial
siscussaos, the notion must be made on afadavlt.
NE Court again said that the whole circumstances OF
Pa q the District ATTORNEY; be is ready to go on with
4ria Of both the defsnosnss, who indicted togs-
9e s.a the Court is to presume that Col Kinney will
NJ. Faacher.-WDl your Honor allow US to come in
tsnsxrew with afidavl,sf
The COurt.-Put them now.
Counsel then prepared affidavit for Mr.. Fabens,
which was submitted to the Court
MR.. FABEN's AFFIDAVIT.
rA.Ess asD IEsny 1 kissE!.-Jesspi v, Fsbeu., ons
q S%. az L. has b. i
u chs % sol:
trial. that b S in .a' CITY upon Ss and
n Pertaining his
IN ~ ~.
81. .y & s h Il TED % bessS With this
requires his attendance Deponsns further says
M & b. g. and II. n any
ss q ss e. Or other
.liel SAD Kinney engaged sad that { not guilty q
a II ind any
ths city for his said rssdsnee several since
IN %
BY said Kinney I, sH} 81. i:Gssss
swex. before June :. 1853 JosEPH BaipeHAs r. 5.
Mr. EAgar said II seemed to him that the application
fer speedy tral OF TINS cause can have NO additional
ooaay, d hero; interests at home that win
suffer By his absence; he declares that he
s:e ~ y e. Ks.sy and tina: he does not
petition and that his residence here Is daily attended
Ii 6strict Attornsy-Ths aiad.vt is little more
than plee Of guilty An application for separate
fa should specify other reasons such that hs could
not have fair or impartial trial. tried jointly with
Mr. Tsachsr-nis not only an sspneasio. for .spa.
rate trial but y an application for speedy trial, or
H., tvod taNh rcd
The District Attosssyen the Court thinks there is
anything in the aadavit, have witness whose tsst-
nssy va contradict It, and an entitled 70 time 70
NJ. Fsnohsr submitted. THAT the Court should dis
ready 70 20 on and ny him 70 day.
The court said It was vary e.ssr ne District Attorney
s; n s
sumo that there was evidence before the Grand
Jury eliminating these parties, and u could not lock
rsdotoa Of the evidence before tbs Grand Jury The
Court however, would not permit two parties 70 be tried
H. Every thing has BEEN rssuiss IN Tue proceedings
wsrs not in court vhes tnsy were called 2. Tuesday
he l. ready to day AZ tie instance Of both the de-
NJ Tsneher believed the court was under missp-
prshsasion: MI. Fabens was not called yestsrday
The District Attognsy.-Most distinctly no was
The Court-Yes, he was; have his name my mi
nutes a. being called There was NO suggestion yester
aay that this party Fasens was resdy fcr srai; sno
dants The District Attorney he Is not ready TO 60
sa with the trial wthout the other party nthe Court
can nav Il thatit will allow the District Attorney rea-
ss.abis time: he has . rieht TO lay his against
beth before the jury. The Coer cannot grant the mo-
toa this morning, because thsss are ne ches on the
part Of tho District Attorney. .
Mr.. Eassr-I ask the District Attorney what day he
will be ready? -. .
The District Attornsy-I shaI make every effort to
6ad Colonel Kinney, IL he ID in the district.
Tss Court win say il the District Attorney does
net proceed this term with the trial o. both tnees par.
ties or against Mr. FabeDs In the absence OF Mr. Kin
nsy, win grant his cischarge.
Mr.. ASar-I ask the District Attorney IL Colonel
Kinney into court to morrow msrning VII ne Try
the causeS
The District Attorney.-I will
A witness named William Kness being called, ana NOT
~ ffnYn for M III.