The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-02-28

should not Be commenced until he camc into Court.
The Commissioner said that It Was pat the hour
reasonable excuse for Ar. Busteeds Absence !he
case should 60 on.
a 70, ne ps
The Commisaoner-The Oily Hall clock II the ono We
NJ Fogsry-Judge Roosevelt has decided tina. the oty
The Ssnsi::es., Sirsc!sa y: fica % proceed, and
been sent to Mr. De Aontholon yesterday rhursday)
ming, after The adjournment Of these prccsedinss-
New YoHx, Feb. d, 1857.
s. dated M 1s sss 10 % ss
Mopiho,on and ssred s.rtge. and offered to Witness
ere he United States Comm ssisneT and letter VIII
and asiSe,ed to such custody as court Of
or srses s decide x be proper
JOIy McKIos, ESQ.,. United States District Attorney,
siorer deciding that he had no power In the matter under
his consider asionthe taking Of paper belos sng 70 tbs
cuuon who would have produce Important docu ,ns
In this case and DO suggested An adjournment to Tuesday
his wrong Was for hi 70 Decide but hs thinks he
has not the power, then he NJ Ttlou) would sugges,
tss. ,sss me wneie Ian:sot9n q occurred yesterday
from which he holds his misson and In which court
the counsel for the defence, some Of them, he under
acted e considered right ~ the prosecution have
nost pors.nt papers 70 present and they are 70 be
the case be rut over to Tuesday next.
Mr. Commissioner Bolts said that he understood the
on s Ss Ss On ne
the counsel or the Witnesses and would therefore, be
proper for him 10 state 70 what decision he had come
with regard to the powers Of q Commssioner, and he
would then hear counsel the motion 70 adjourn The
Incidents Of yesterday render necessary snas should
mont Of the may be regulated By that ;son II
the CON missioner has no power TO prevent counsel
another be has no right 70 prevent him sppfopriang
brief law book, me morandum for trial. tho property
The management Of the case, or no power 10 pro-
Vet wisness. an Of opinion that under the act
Of ls4s, Commissioned does nos hold Court aud tna.
the proceedings before him not judicial (Ced tue
case Of Kane, Curtis JUS ioe IL Howard N. g., Against
fsrrisre. issh Howard 20 70 The oom.iadouer has
necessarily implied, and have no disposition 70 20 step
beyond the power conferred on mo b. Csnxrsas The
therefore not possessed By he commencement do not
suppose that the Secretary Of sae the power 70 hear
ferred hum by statute, would have had the power 70
punah - contempt any msdemeauor OF counsel In suoa
snses ~ :. s
Of ,he acon Of he Execuave OF the oounry The sus'
sssson vas thrown on. by the District Attorney yestsr:
should be made by the these crcumstsn
oes 70 The Circuit Court and Us sd invoked. do not sit
Of the Executive 70 lake testimony 70 hear and consider
the evder 90 Of oriminaly. and that be deemed sui
70 ss e 81 ~ s 'S sssS
IT. can ordtr the exuaduon OF the parties claimed No
.pps. hes from my discrimination % The crcu! or the
Supreme Court (Cted MetzSer's case In 9Th Howard
and the Of Ferrere above referred to- But there
another question, whether She prisoners have the
sJ If mi. were 3 criminal proscou.'on, there
10 no doubt h., hs prisonss would have
scs Of i1so SECTION sS ~. Sers csmu. prss.cs
Iou conducted before oour then the prisoner would
have such right tu, in those o..es ALSO .ns prssdus
tempt But thD being neither . criminal prosecution.
Dor conducted before court but merely preceding
facts -. ms 70 me iss, sss p,aensrs have no srai
rishsio be heard before me b. counsel. The o,rcum
the question Of NE commission Of crime csnnos
vary the nature OF The preoeedng ! consider
bin, a. matter Il ss,ona policy, The prisoners would
have no right 10 be represented By counsel; matter
Of ooursssy be might permit Yea ws'e holding thas
counsel sborid DO extre ney reluctant 70 enforce he
rule and exercise The power Of excluding counsel the
srs ssnsciv.s, and MOI upo. the counsel Hsresosore
In thh csse the ooui eel have been Of great ~ ianoe
OF Az ane Of fact; but Il me same time fsci ny duty
to anncs that The conduct Of counsel should u any
sms Te sS rs.e s % e e, counsel from We
M. T,pou rene ved his mellon for adjourn msut.
Mr.. Bustsed who had easered coun shortly sfer the
rens'Es, By nrs. ooap,nsuuns ice counsel and me
comnsisnsr, sad express.ag his respsoi fer bosh sad
gwen sbs irssssc'ns Of ,hs prsvou: DAY mere mpos
snoe than they were esslted 70. Mr. Bnssesd thn pvo
sssa COPY Ss document non snsy ia .s m'Ts
for the brst time, and hey deemed Important 70 The
se 30 mo 70 ss -. 70 .ns nssous.s:s o. one Of
eel fo The sce1ed, who wAhed 70 protsot ths clients
sincs cssans into essn tsis mcrn.s and % sdyisins
GER issei, :hst that bose Of c.ssusioa b removed.
They were ready nov 70 80 "a VITA the osse ssd oc.
every isfraosn ef law ssd order. asd be pledged him.
seif thst - vosld TAKE papers ost OF court without
M. Tsvnsssnd followed o Inc same ode, rcnArting
tss from tbs time this oase IVES oonmssoed about thres
% o N sss ssss s .a
.srreu.d.d ~ ps%sros. ss2 rsspscsSi. sualssss.
and charged mai NE wnsss Of ss inisvrupsn vas cssa
stoned ~ The ocurss q the proesednss Of The counsel
towards Mr. Bus,ssd fson Which sis Sossss. iap1isss
nature naturally recslsd.
60. ssd rt rs.,s me s'' p.ss, sr, o ,s.,
GOT posscssicn OF Ne oos>esis they had gvsn then
s.st Ss paper but =: Co: I've and he .o.d give
before be csss 49, clcsei; As cemmss.cae. would
Il: he would psrcclve thai Wa . docu q snt which
iey,r was nien sed the Esht Of day: Use dssssd.
ior ne rriv Al Of M Butssd ssd be hoped ths, The
SANS ooure would be adopted now aud ma, the motion
foY aaioarnmept votl6 not be arAnse3
M Raxied urged mat was unj az, 10 hs ,e,, 10
prolons tas case re vss held default OF bail Ia $500
COO and dying the sIow death OF the impure a,nos,
pt ere OF he c,t Jail An 10 the refusa' Ia wait 70 mo
meptsf for bp be bsd AZ thing 10 say u Ire uomisaoaer
but 10 bis hrdher 11Iou be would say that be apprs
oated the couresy, sne he should not fH 10 remember
n IN bis futuro pref ssioI al career
Mr.. Tilom rcplNa n rome ienfh.
The District Attorney sald- The position ~hch hold 10
that Of ocer Of the general governnent entrusted
with the duty 0 seeing ha the sipulsons o. The treaty
bel v cen tho Two nations ne carried out solemn COM
pset been euttrtd into with France both tbe govern
mest Of the United ses and We government 'Ffsuce
are unwn that their territories tbould be made the