The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-06-14
The Case of Lyman DOLE, the Alleged Bans
FOrger.
COURT OF GENERAL SESSIONS.
TIE ALLEGED CONTEMPT CASE.

Before Recorder Smith
JUNE Is The Cole case CANA up this morning. pur
suant to adjournment. The names of the jury wer,
called and all the jurors found to be present. The
cused and his counsel Mr.. Bastsed in attendance
The Recorder, addressing himself to the District A.
torney, said he had received letter from of the
counsel in this case stating that he could not attend
the trial Of 1T to day. In view, he continued of what
has already occurred in the cause and the prisoner
have done deem proper that this should stand
adjourned till to morrow morning.
The District Attorney great deal of the public
time has already been occupied the trial of tos
The trial of Kssane occupied eight days and the for
mer trial Of Cole occupied six days Two or three days
Of the public time have already been consumed and it
will probably take SIX or eight Days more. Mr. Whiting,
who is engaged with me in toe prosecution, has
several other cases set Gown for that day at
which 1t is important that l should be per-
sopally present Besi'es, the other council for
The prisoner nay he enssgsd in some otefr cause,
and although l should be very hsppy to him
IN this case-and it IS the first time in my HE
ever GLAD to see him In any he may be other
wise engaged, and more time be consumed Under
these circumstances would prefer to withdraw juror,
TIE Recorder-Can this be done without the consent
Of the counsel for the accuse3. Send for Archbolds
Pleaoings. will allow the motion to withdraw the
juror.
MI Busted II the Court please, object TO the with
drawal Of the juror.
The Recerder-st down, sir; there is no motion b..
fore the Court.
Mr.. Bustesd- There is motion before the Court in
respect to the Withdrawal Of juror Ny associate is
Cole and as such protest against the withdrawal Of
juror We are ready to be trea and claim to be tried
The RsccIdsr-st down, sir; have decided tbs
motion.
ton to your ruling.
The Recorder-You may make any exception you have
q mind to.
Before the dimissa OF the jury wish the Court to
note an exception 10 somsthing that occurred yesterday
case (Mr Fairbanss rom being beard 10 respect to
motion which he endeavored to make pertinent to this
case affecting the rights Of the accused.
District Attorney-As public prosecutor, stand some.
what in the relation of counsel for the accused and while
hold the office will try an Indictment under
these circumstances and in this case, If Mr. Busteed is
Mr. Busteed,kr. Hall dol understand that you will
not try this indictment at allp
District Attorney have stated what have stated
The Jury were here discharged by the Recorder and
Mr. Hall then stated that he never would try Lyman
Cole On that ntictment that there we're other ndict
ments against blm On which be w6ad tf6eesd
Mt busteed-It not fair, the Court please, for the
District Attorney to speak OF other indictments here.
The RecerderI shall hear no more arguments on the
Mr.. Busteed-Mr Hall, am sure you are too much
of gen :eman to make any attack upon me in any
fro replying to YOU Do you mean you will try the
other indictments for the same forgery
District Attorney mean an indictment akin to
this.
Mr.. Busteed-Don't you mean Indictment for the
forgery on the Chemical Bank Is there an indictment
for any other forgery
District Attornsy-I mean that Indictment.
Mr., Bustsed-we are ready to be tried now upon that
Indictment
District Attorney-we shall not try 1t now.
Mr. Busteed-Wben will you try 1t, Mr.. HALL
District Attorney-I cannot tell you to day.
Mr.. Busted Will you try it this tsrmS
District Attorney--I cannot tell you to. day.
Mr.. Busteed-H the Court please, ask that the Dis
trct Attorney be obliged to assign day for the
trial of Mr. Cole the other indictment respect to
the same forgery? ask IT. because the defendant has
witnesses who reside thousand miles from here, who
In Court and who have attended twice before.
ask In justice to Mr. Cole, who 10 ready to be tried
and who has laid in priton for some nine months.
The Recorder shall make order in respect to the
matter The District Attorney must arrange his own
business.
Mr. Busted In respect TO the alleged contempt, Of
which IL In claimed am guilty, the Court said that 1t
would hear at after hs termination Of the Cole trial
The RecorderAre the answers to the interrogAtores
fled
Mr.. Busteed-No, sir.
The Rscorder-I will hear nothing on the subject till
they are iledY
Mr. Buf teed The Court fixed Saturday morning next
for the hearing OF this alleged contempt thank shall
be out Of town Saturday and would like to have the
heard other day, either earlier Or LATER
you may fix
The Recorder-very well. Let 1t be Monday Of next
week
Mr.. Busteed-witbin four hours from this time
II the Court will allow It, viii give the District Attor
ney notice II wish to have it deferred till Monday
Here enjed the case for the day. We understand Mr.
Busted gave notice Of his wish TO have II postponed
till Monday, that the will be heard on Saturday
morning. at the Court ofGenera Sessions before Recor
Ger Smith.