New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1855-05-04
consul FABENS IN CUSTODY

NJ Fsbens WHO was nsmed on the indictment with
Col Kinney, VISA arrested on Wednesday morning 10
Wa abingdon, by Mr De Angels one Of the United
States Deputy. .rsbsls Who went on for that pur-
poe He was arTe.ted on bench warrant. the in.
dicimept chugDg HIM vith a breich of the neu-
tally laws in settitg foot expedition ssainst
tn State OF Nic4rasus, where he IA Consul. Ddpu-
ty-Msrshsl De Angeli- arrived on Thursday mDruiog
with Cc1sol Faoen- and took bin into tbs United
States District Court before Judge Hall
The District sorDey moved that bs bail he liked At
the tan G snouut az that of Col Kinney $40 OOO IN
tao eufeties iust,ine 10 eco 900 each orfur suree1
instifyipg In $1,000 each. Hi counsel. Mes-rs
Fsnei er ana Eseer, sts'ed the ability OF Mr.. to
furpifh n ba,l-hnn sn order made acc0rdlf gy
Mr. Eseer then requested ihst tie trial be d Sed At
"a early day a. possible and he moved thai Is bs
IN Monday nert. the time a which the thai of Cot
X has been get down, as the defendants intend -
move for separate trisls and they would like t, have
that If Mr +. Immediately succeed the trial of Col.
Kinney
Judge Hall stated that az judge Ingersoil would
hold the Term Cd Morosy. he Judge n did not feel
ct ibery TO make asy order in Respect TO IL JUICE
IrgeIso boseyer, is present, and viii perhaps hear
The motion.
uict Attorney reu arkec that he thought he shoald
Dot be prepared o. Mondsy 10 tfy the ,se-hst Ia
os e-rs.-, .T~--- g -e-~.n Tor the ~''"s"d
puroer b. etabtrg, of a mate of brig sbou, year
age had bean set SC, and he DESTROYS Of try
ing IL on Mouosy, before Judge Nelson. TIE captain
OF the vessel has been for tine de -ined hers,
an0 /, one OF that csss Of which be thought
opgbt 10 have precedence over Others. With dus
h. n ali what al
the Court could make an order ps'e nptodly setting
down case for particular days there is laSof
Cor eres. assimilstirg far possible, the pro-
ceeoipgs in the United States Courts ia tne different
Srstes 20 those of the State ia which the particular
Court Il loca,d the State law here requires only
,iat the trial shs be brough, on within two terms
The Judge s.ic h thought tba: Law Of Congress
bad b.ep repealed. TIE ID sirictAttOrney remarked
that be slso rsd an impression to that effect Mr.
Eager said it "a, oesr-ble that the case should be
fred forth WITH NJ. Fabeus having eogsg ei his psss
age in the steamship United staes, for Nicaragua
ard berg under orders from TIE Government to pro-
osed 10 his p,st he thought the matter ought to b.
settled.
The Judge remarked tia, be considered the trisl
shouc be tet DO for Monday, aud in the meantime
tie motion could be msoe on the question as - sep
arsie tri.I. So ordered.
Consu' Fsbens then returned 10 the Office of the
United Stses Commissioner, and awaited me a2-
pesspce Of bsh, Who had been sent for, sud WHOM
Col. Kinney was quite busy in procuring. IL was
no, unt nearly clock tina, any one of several n'n-d
arrived Al 40 nut ths time Mr. Edrad K Boyle
p,esen,ed hu self but on eIsmn.tiln the confitioa
Of h,s pecunisry sf,us wa. discovered by the Dis
ha nv M m ,atff 1ctOry 10 MIN.
Mr. wsler r. Joces, ons Of the Agents OF tne
steamship Uni ed states, came and said that ne could
ro urc er any crcuu-tsbce-, bs ole OF the sueeae'
ard for very good reason Mr. Tread veil VS.
.pos.n Of. but nothing done, and The Con'ul se
psrted IN charge Of the officer de ssys tha' be hss
rot resigned ye,-se /, oDly resigned to bis fate