The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-01-24
CnaseN states Circuit Court.
Before Hon. Judge Ingssaoli.

Before Hon. Judge lngersou.
TEE ALLEGED nEsrvFAN0s OF UNITED STATES ORR
Cu1o ON BOA1D sHE NORTHERN LI0Hr-nO ri0h
TO cUASH THE TRB9CTNxNT.
Jan. 2a.-Tbe DAtrict Attorney said he had given
sstacs yesterday to tAe eou sor Captain TinklepAugh
Mr. JotepA L. White and tzeir esdstsndsnt, chat b
wOaA th morning m,s to ses down thsE trial BE seeG
the counsel In Court and he eivss shs notice that
he will try these partes Monday nezS 1t n O'Clock.
Mr. C..'ing asked II thcJ wore indicted sepantsy, or
The Lbtiet Attorney-Itis ID q JOINT Indictment
Mr.. Cuttng observed that the District Atornsy had
slrtsdy set down the Of naval oosr for alleged
M q tss) was also eosssoS for E the d dsssadsas rDs be
Dstrios Attorney 10 setting that down, sad hst IL
there vooa 30 Witnesses on the part Of the government on
hare nom wasAnston. He lMr Cnttiug) hsd sooortng
given not,ee 70 the aetendant, Mr.. Owse 70 nere
s.e now the Da i't Attorney sss down another oaase
TIE Dttrics Attorney would try Mr.. Towie but tAs
re court snS.sssood that the Dsiao. Attorney would
Try ,Ae case Of Mr. Towis on Monday.
Dknict Attorney.-IfMr Towle L. ready.
Mr. Cutting unssrstood Mr.. rowi TO 80 ready and to
BE- ysSZ ansious % bsve his case brought on
The District Astor.sy had his doubts wtseher rowaes
NJ Ossaos asiss the District Attorney ha.sy mis-
giving % 10 hnssa1s
District Attornsy-No am ready.
NJ Cutting would now wish to see tAsindietmsnts
Ths District Attorney said they were In the Clerks
oaace sd could b. seen hy the counsel He now gave
nosaes enas captain nkepaush went TO sea he would
1r. Cutting g tasosSs ~ that the ndic.n.a. would h.ve
senos of the District Attorney he woua oot .. TIE
Indictment, and whether he would demur to It or
move 70 qpash Counsel then referred the hardship
+ would ba to hold Capt Tnkepaugh here aud compel
hun 70 renquish his position of commander Of the Nor
Mr F. Clark WAS instructed by one eeths defendants
tMr whie) to say that The presence Of some high Oh
cals at Washington wou bs necesssasy ct this t A.
and that Monday next would be too early day to set
dr0 Ho ttnxsxN xN< <nnr
Iinkkpaugh. 1t was important to him to portion of
the commerce OF New York that he should sail With
After sos fur, her remarks Mr. Cutting offered that IL
the District Attorney would send for the udictmens he
would zee IN i've minutes whether he could go to trial
and 80 he would consent to proceed ct with the
trial
The District Attorney willingly accepted the proposal
The Court rosnakel that difficulty arose, and that
s The jurers Of the Circuit Court discharged until.
Mr. Cutting said that the case could be transmitted 10
the District Court and II he that Captain TinlO-
paugh could safely 60 to trial, ha Mr. C) would on
his own responsibility COUNSEL consent to go trial
The indictment was soon after brought into court 1t
s joint indictment against Hnkepaugh Fowler and
Mr. Cutting proposes that the trial of Messrs Trinke
paugh and White be proceeded with forth WITH thst
the indictment be remttei at from the Circuit Court
20 se District Court that tho cause may be immeeiatsy
District Attorney-I Will call you on Monday.
Dr. Cutting-I trust the District Attorney wal recon
Monday and in of their ncnappearancs he will
feat their recognizancs The vessel leaves to
temporary ruin Of 50 Of the defendants The govern
ment certainly will not place the defendants in this de-
plorabe condi ion.
The District Attorney makes no answer.
The Court says there is motion before the court for
decision The District Attorney does not to remit
the cause.
Mr.. Clark--What do you say, Mr.. DISTRICT Attorney
ii tIict Attorncy-I give notice for Monday.
Mr. Cisrk-A question arises on tho face Of the In
without witnesses. tits motion to quash the indic~
ent and this motion make the ground that Messrs
5e and Horton, the deputies Of the Marshal wao had
the process, do not the definition Of officer
described In the Under which this indictment
found. 1t Is admitted that the persons SO depute
he Ma and s sp
tson Ia 70 Ryer and Horton. Ia the obstruction not
the harsha but Of psrsons dsputed by him. the kind
treastn named In law, and the parties guilty unde
the statu.ep The statute is tho obsructing officer
the United States does not say obstrucng any
Mr. Cutting-i have looked at the indictment. and
would call the attention Of the Court To ber matters
which would be fatal The process referred to In the in
count OF mi;ed jurisdi,on. 1t must appear that the
Court bad jurisdiction Of the subject matter and that
the process was one which the Court had q right to
issue and that ac ed within the sphere its authority
Indictment must show that process was issued, ani
that the Court, having limited jursticion, had j,-
rsd ton o. the case, AID had authority to issue the
process. The Indictment must aver this tue indict-
ment is defective In fs and substance Again there
no avermen in this Indictment that this pro was
delivered to the Marshal to be executed Neither Is
there any avermenr that Ryer and Horton ever
deputfssd by tho Mnreha The law reads for obstruo
ing officer Of the United Saes. The indictment read
for obstructrg Ryer and Horton officers Of the Marshal
The process Is addressed to the Marshal 1t is alleged
that defendant resisted Ryer and Horton. 1t Ia
ary that defendants knew that Ryer and Horton
were authorized to execute process.
The District Attorney argues against the motion
cites the of United States Ralph Howell where
similar questions were decided by Judge Nelson.
Mr.. Joachimssen follows on the same sds in opposdon
to the motion to qua.h.
Mr. Cutting replied, and the Court reserved its de-
cisa0n