The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-05-08
THE NICARAGUA EXPEDITION.
The Kinney Colonization Project.
CfiTfD STATES DISTRICT COURT.
Before Hon. Judge InSsrsol.


morniDg long before the usual hour for commencing
business Coianei Kinney and Consul Fabens were sur
rounded BY great numbsr Of friends.
formidable array OF COUNSEL appeaIel on each aide
Ter the prosecution, Hon John McEeon q. g. District
Attorney and Mr. P. Joachmssen Assistant District
Attorney TIE Hon + B. Cutting appeared for the
Mint ter OF the republic OF Ncarsgus. For the de-
tencants, Hon 0gcen Hoffman, State Attorney General
hon John Van Buren and Msssrs. Fancher and Eager.
Ihe District Attorney sale toat this day assigned
As is cot intention 70 c The On rroooss
to state to The Court in the shape of adAvts the
sons why cannot bring it to trial to-day Mr.. acKeoa
then read the following atHdavils:-
soassn sf b e; y NJ 5k1sgSssa % Hsk.pa Unite.
sns S essS r. sS.a r
for the prosecution the trial and with
sssS.s ai,sSy
the Of said Witnesses and saSh Of them but
Josrpi, III IDcnAM, q. S. Commissioner
ss asi1 the Of the s:
week made due and aligent endayer the
;s.as q
tho city Phsdephs to serve the sail subp@us that
5Ss and
absest Pladoifha and had gone ciasinns Ohio
nod that was va. whsn would rs.grD thai
SSy And SsPonsn says that he Phsse
sworn to before me- May 7tb 1856,
GEORGE 4. BErrs United States Commissioner,
UDder such state Of facts 60 not deem it prudent
to place these defendants trial There is duty owing
on as w to a Il SoaS
be postponed The Itch has been TO
so far IS can gather information in relation to it, is
priad facie violation Of the neutrality laws. In such
case the trial of the ought not to be undertaken
without due preparation. Every effort has been made
on my part to reach these witnesses during the last
week. The Aarshals deput es have been actively
gagged In searching for them and they have not been
able to reach the parties named In the affidavit Under
these circumstances, would ask for q continuance.
Mr.: hoffman Were these gentlemen examined before
The District Attorney-That will not answer
Mr. Eager-Thers are Eames on the back Of the in,
The points on which the defendants counsel, Messrs.
Hoffman, Eager and Van Buren,, asked for immediate
trial Of the were that further delay would endin
part that the expense Of maintaining ths four or ave
hundred farmers and others compothng the party
H. on ss sy
SEQ per day that there proof that it not
peaceful expedition got for the purposes Of coon
Was Of warke nature tie District Attorney had not
to proceed with their trial. knowing we that the delay
caused by its postponement would accomplish his pur
Of bis E remarks Mr. Van Buren, remarked that
Mr. Marcoleta at the bottom OF the whole affair."
that his position here was SO indefinite that it was
certain whether he o minister from Nicaragua
diplomatic agent As for Nicaragua government he
said had rot as yet been able to discover its existence
Mr. Cutting said that the dcendants-could not COM
plain Of delay the indictment not than ten
Gays CID and the plea had been put in not more than
half hour; that it was necessary the names Of
wnesses should be endorsed the back Of the ndct
peh except in easss Of treason that he regarded the
pent in bad ate aud that the very feebensss Of
that State should be sufficient to shield t from warke
expedition cm this country for such 1t evidently was
The district Attorney in the course Of his remarks
said that he held him responsible the prime in
At the conclusion the Of the counsel on
each side Judge lnserso delivered his decision ~ fol-
This indictment against the individuals before
stance that they have been guilty Of acts in violation
of the neutrality laws Of the United States and that
an ssy aay Of the present last.
motion made to have this set down for trial for
particular day. That motion was resisted on the part
be eDgsged in the Circuit Court at that time but finally
the melton prevailed and set down fer trial this
the District Attorney have the Fat of for the
term And in the discussion of this question, agree
mt ch has been both sides might have been
omitted shall not alude to anything except in re-
gard to tsoss points which deem material to the 'ass
indicted to have a speedy trial. He is guar
zee taat that guarantee is kept and perored By the
constitution, was originally framed, there
thing the discussions which took place in the various
conventions that when the question submitted to
the state conventions whether that constitution should
of it as it then existed. They were fearful that the
rights Of individuals were not sufficiently secured by IT.
after serious opposition upon the understanding had by
all that certain provisions should be Incorporated after
wards. by way OF amendment, that would remove all
objections made 10 It. And hence we Hnd that at the
frst session Of Congress that met under the constitution
cd BY the several conventions, and which adopted the
constitution on the implied understanding that these
b a sa
others thisthat speedy trial was the right Of
every citizen may bs said that had II no. been for
proposed, that the constitution under which we live
wcald mol have been adopted By the United States.
They are chassed with certain offences as forth Ia
the indictment They into court and say they
whom motion Is made to postpone 1t for certain
cons, and the reasons are well founded 1t must be
arc these reasonsS Thsy are that Individuals whe
have been named are In the bsef Of the District At
tosney on nSInsaSn %aSn ,, ne hsS St
what somebody has told himhat these two Individuals
material Witnesses question was put TO the Dis,
tct Attorney Were those witnesses before the Grand
Jury but he refused to answer he had right to do
BUTT is evident to that they not. Their Chris
II their Christian names had been known IT would have
been known who they were and where they were 70 be
found. must take 1t Tor granted therefore, that this bill
was found without testimony of those witnesses upon
whom the District Attorney relies for ths prosecution OF
this case, and without whose testimony he cannot pro-
ceed There Ii proof that any other Witnesses are
absent except those aid therefae must take 1t for
granted that all the Witnesses who before the
Grand Jury in his power and be calei by him.
And the question presents itself-How does the case
stand with regard to- these witnesses upon whose test
mcny the indictment was found Much has been said
as TO the rule which should Be adopted by grand jury
in 6rding bill. Now, upoa this subject there havo>
been various opinions among Judges: Soms contend
4Nsk xhaa kxfor Hhauu ho anrh IN
should convince them, they were upon tine Grand
Jury, that the individuals guilty Others, that
probable case strong suspicion there were grouods
for holding them guilty until the contrary was
proved. The sound rule upon this subject 40 visw
and have for long tims received ~, and whsncsSrI
have had occasion to charge Grand Jury upon is