The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-06-07
THE KINNEY EXPEDITION.
s,.Isaea Kinney and CONSUL Fabsns again Ia
Court
UNITED STAINS DISTRICT COURT.

Court. II
UNITED stains DISTRICT COURT.
Before aon Judge Belts.
Jssg 6..-fAe United States rs Henry L. Ksnneu and
j. ". khbcwsThe dsfsasants in this case not having
apyssred Tuesday morning. we're arrested late thai
night by Measrs Horton De Angeles, Of the United
States Marshas oies, brought before Judge Belts
at hs private residence where the United States Dis
trict Attorney and NJ Joachimssen appeared for the
government, and Msssrs. Eagar and FAncher for the
accused
After explanations and argument, the alleged expsdi-
toaists were liberated their recosnizancss Of
81 oeo esch-the same amount on whih they had been
This morning, on the opening of the Court the Dis
trct Attorney directed that Kinney and Mr. Fabens
DO called ON their recoguiz' noes.
Mr. Eagar said he apr AIRED for Col. Kinney; and
proccedng 70 make q motion, whea
The District Attorney sail he objected to the Court
hearing the counsel In the absence Of the accused
The Court renarhed in the event of the death or
OF party the appearances OF counsel would be
Eager then moved Tor postponemeut of the trial
The Court ntmstes that II the District Attorney cal.
cd tho case ON for trial il should pro:eed
suffcisat grounds sho the part of the de.
fendsnts Tor postponement
Mr. John Van Buren, bepsd the Court would permit
the natter to be postponed until Friday; had idea
that ne case would have come this morning and he
was able II the Court esei II, to that IL i'm
pOsstbte tor him to 60 with the cause to-day He
had no reason 10 think than that the
cuuoa We're ready but nj nself aud Mr. Hoffman were
The District Attorno, that az the last term OF the
court he not prenar for trial, but he was now
ready TO proceed The counsel the other side have
had manths notice NJ the last term they at ated
that they ready several hundred witnesses
in attendance and that they ready to % sea-
which ctropmstsnce oabl had weight with the
Judge sgsrso snd he reduced their rsoosniaanceI to
Mr. Eagar-Thsy w-re anxious to 90 to sea last
month bat the plainn them 80 bioskaded no that
III, Court said they bad oessr condne themselves now
to the question whefb-r the excuses are sufficient to
warrant postpopsnee' II. ested exceedingly that
any Of the counsel ID bs Inconvenience, but
when there onuss engaged for the defence
SMessrs Ogden Hofa.a J Van Barren, Eagar, aud
at which they would ali diseDgaged. II there is
legal ground for post9ou- isnt the must go on
tue District Attorney IN s'a on 1t.
THIS District Attorney (ts M.ssrs Van Buren, and Ea-
sar- you win eivs M your personal pledges that Col
Kinney will be here in morrow, wilt conssot to
. postponement, II not Gill go
Neither Of the soaps.l rs pondea to this offer.
The Judge-Tha, is matter for the counsel and aot
Mr. Mear said that they had not witnesses present,
and the Court assrs tnat they (counse had been
ana 6ad not time to Mr.. Hoffman is actually
sngA red in the Superior Cosrs he (Mr. Z has also
tarily expects to be eDg.asi.
To Court could ons consent to postpone meit where
soansA cannot possibly at end but when there
,oaassi COR the def.ns- as n thi, case
Mr. "a. cher eXplaine, that he WAS not attending
,ounae, ~ COL Kirnsy h" there merely because he
that M Eassr engaged another court
Ihe sssSnSs M. Fabsus rests Van Buren and Mr..
zagsr. and tn It OF Col hpn-y on Mr. Hoffman, who is
at tn you'd Be- se s1s Nc.
he postponems, y, particularly "a they ready
s srsc thu panel to called ana said that
erssps soms relief m.y be hen suggested:
The District Alton .y i's.ed On Colonel Kinney being
NJ Fsasrs CoIona K'un-y must be left without
ousss az Mr HoGD~a 'p' myel are actually engaged
causes in other soS. % Kinney A be
0. morrow Why ~out n.i pledge myself that the
ounsel or any other msD Tinnsv ' snS a. F.hn
Mr. Essar, before they sA . called w. would make
a. too 10 ouash tns indct-.4 T. He then read ths in
icn,sst and conteoded that 1t statst that the de-
sndsu ats had been engaged IN eape o, against
rie udy Power With ~ncb the U, 'l.ed states are at
esce instead OF ..ere at p-see the time when tbs
pe 5,tou was set 90 foos Allotment should be
The u;st.ict Attorney conteudsd that motion TO |
,uash shocld be put e o.fore the plea
MT Van Buren, &C m that it the usuat coarse
aacptsd course courts to allow the plea
o be withdrawn and tue motion TO qnash 70 be made
lie submitd that .bs Indictment did not chargs that
hess scts were ccr. mrr,ed ut time whom the GATED
sta tes we're st pesce 9Th Nicaragua
The Court r1si fh.t though there was some ,nsoca
racy in the verptags the question was established ths
Upted States Court that where the indictment Was
rsmed in the worcs o. the statute IN cases m1ae
nssuor, 1t regarded as suifsiert Ihs inaosu"oS
vss framed exactsy IN toa words Of the statute.
N, Oyasn Holf,pap here entered court, and man
some remarks behalf OF the motion 10 quasn.
TIE Court ulttmsts,s denied the motion TO quash
Anoth sr motion TO post pone as then mads.
ana Court ass ed Mr M:kson thers was any necesss-
ty for pressing the trial IN to.cay.
The District Attorney tsa from a the ruuaoes thSs
had reached him Of Co., kDnsys prepsrators 70 ieave
the oty he did not .hink 1t consistent with hts duty 70
coaseas to a postpoDsmett 49,. -,
Tn, Court-Apy ii ma hat the District Attorney VIII
Law ty;dence before me .hs party is enoeavons
to sv.ds the law viii nterpose the ausnofy Oh 'n0
Mr. Fagar-Colcnsl Kinney is certainly in ths city.
Mr. Van Buren--n hs nou't go until he gets away IN
the steamef United states, | will guarantee tnas ne
won't get through the blockade in month. taugnei.
that the ent navy Is thsre 10 pre'eo'
THIS case was then ordered stand for trial on Thurs
say mernina At IL o'coes In the meantime thirty ad-
6itiouai jurors were TO he Sunnonsd.
Mr. f. b, Cutting appears as counsel sor the govern
ment OF Nicaragua.
MARINE COURT.
Before Hon Judge Mccarthy
JUsR 5-Wm. H. PoSoeu u.s. Wm. OBrten.--The
,,.ota Ia this care sues rs sssgnse o; Peck, on
the promise pay tbs asguor $780, in consideration Of
seryiees viz one half such Senior hareoista
aud jos L. White, by vr ne o. au agreement to and
Of time money and for eniistsg men for Col
Kin news expxditior Nicaragua, and ON furttsr
constellation that plaintiff should remain as witnesS
for this United Statss IN the on
IA alleged had received $3.50 Senior Mooleta and
Mr.. White. The plaintiff also claims SEQ for work
labor and services Of VIM. Peck, both OF winch
GAUGES OF action have bses sssgned to plaintiff
The subscribing witness TO the assignment OF the claim
from Peck TO the psn, Ia this suit testified that he
was called by Peck and At his request drew the sAms
nnd subscribed his oame thereto witness; that tho
Instrument had pos been ous Of his possessioa since