The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-05-03
The Nicaragua Expedition.
THE kinney ASFArR-TRIAL SET DOWN Fol-
MONDAY EExr-AkREsT OF Mr.. FABENs.

The Nicaragua nxpedition.
THE kinney AsFArR-rRIAL SET DOWN FOE
MONDAY EExr-AkREsT or Mr.. FABKNs.
UsrxD STATES DISTRICT COURT.
Before Hon. Judge Ingersoli
MAY 1.-THE United Stass Col Kinnev.--Messrs
Fanchsr and Eager appeared this day for the
who Is charged with fitting out expedition against
power with whom the Uniied States areat peace Coun
sci moved to have the trial for early day DOS
sibe. Counsel stated taat Col Kinney had made ar
rsDgements to leave the city the 7th of Nay The
tel in which embark was In sail
on that day. and in anticipation thereof large number
Of passengers and much ire ght mai been secured COL
kinney was also nov under heavy boods to fuldl his
contract with the OF the vessel aud every day OF
delay subjected him to penalty under these bond,,
for which it urged that the case shooId be
set down for an early day.
The Dstrict Attorney said that the matter was evil
IDENTIFY wths hi, oscr tion AMI that If otaer public in
teress were 10 suffer by OF the appon Of
an early day for the trial q this he should most
several capital cases ready for trial. and he bound
as prosecuting officer, TO give them the preference.
the cor Of Colonel Kinney which had adussa
BIN to ask for speedy trial the great expenses to
which be is da, liable he could reason for OPP
position BY the government who, it was to be presumed
were ready to proceed to trial great Hardship aid
all upon his client il the veese should fai the 7th
advertised because he would thereby be deprived OF
many OF his most material whose ,tons
dc beRe could not under the circumstances
se taken because they nal as yet resolved no ntma
ton OF what necessary 70 prove by them Colonel
kinney bad made every preparation TO leave New York
on the th toe vessel ready, and had been adver
large amount Of freg upwards OF three hundred
or four hundred passengers aod could not leave unless
would, therefore, extend beyond Colonel Kaney, and
affect those numerous PASSENGERS and the interests of
those who bad embarked freight In the vessel. The
DEFENDANT under very heavy ponds, conditioned
penalties Of corresponding magnitude and 1t there
tore evident that the refusal to grant early day Of
trial would not De merely matter Of Inconvenience to
him, but very serious Damage he wiling to ac-
cfpt any day the District Attorney might fx upon It
could sbos to the Court that n should be triad at once
The District Attorney did not think that the
by any means an extraordinary one; the only reason
given why Colonel Kinney should have preference
other persons who awsng their trial in this Court
was that he about to sail frou New York May 7th
bonds of indemnity, whih BY way be- the District
Attorney, would ike very much to tee He thought
III ns asso should have presented adav stating
speedy trial. He did think that he should be ready
ior .iial at an early day. there would be great many
Witnesses required In the trial, for the ernment;
some Ct whom be might be Obliged to summon from q
Mr.. Fancher said that this bond Of indemnity was
drawn up In the ordinary form of charter Of
particular consequence 70 look at, but which the Dis
trics Attorney might inspect whenever he chose Every
thing in relation to tho OK petition in which Colonel Kin
ney had embarked had been done openly that there
was DO reason why all the Witnesses should not pro-
duced now. he also stated that Colonel Kinney Was
subject to penalty Of 81 900 for every days delay
The Court understood that all the witnesses required
long time matter Of public notoriety that Colonel
Kinney was about TO leave New York ON May 7th, al
though the matter submitted TO the Grand Jury but
short time He Thought therefore, that the District
Attorneys witnesses could be produced at any moment
The postponement Of tbs trial sould bs great
venence to Colonel kinney, in his Estimation for it
must be evident that there many going out
in the expedition with him whom he would visa u call
an 10 n% e. z
half The request, therefore, that the trial be name
date in order that this evidence might be given, with