The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-05-02

trt Attorney handed the Commissioner the folio wing lei
Ter from John McKeon, which the counsel perused:-
SOUTHERN DISTRICT New Yo,K, !
U. s. DISTRICT ATTORNEYS OfT1cK, May 1, 1857.
United States us Jones and Mils-DEAR SIR acknow
ledge receipt OF your note Of 30h Of April 1857, In
which you say you think that you adjourn
this logger Than until IL O'Clock this day The above
parties it'll others stand charged before YOU upon good
and SUFFICIENT dispositions, with being engaged in the Illicit
slave trade in connection with the vessel the Merchant
You aware well as am that this harbor is infested
with these Illicit traders and that Is only our simple
duty to vigorously enforce the Ia enacted TO protect ,he
United States from the disgrace which the continuance
the African slave trade upon this land One of the
resorted TO by these traders 20 defeat the prosea
on is TO camor for a preliminary trial. styling an ex
animation, and 10 present the VI hardship be
a the detention OF their persons unle they give
bail As W some Of the parties thus charged in the pre-
sent instance, understand that without any due notice
me- bail has already been taken by you, though In my
70 you Of the h November, 1855, asked that might
have such notice for the protection of public Justice
The cases are now before the Grand jury
Of the United States Circuit Court actually In session
That respectable body bound by their oaths TO diligently
inquire Into all offences against the laws OF the Unsd
States Committed within this circuit, actually hearing
evidence agat Jones and Mills and the other parties
nected with the Merchant. that these priso
would prefer that the Grand Jury should upon
the before their counsel had become possessed
much as possible Of the case OF the prosecution.
u be apparent you that conmcDeing invest
gauon" "examinaion,n such suits these defend
ants, virtually 10 lend ourselves 20 their designs anu
cbst net the acton OF the Grand jury tribunal least
90 ordinate with yourself. submit, therefore, that
neither you called upon 10 pro tuce witnesses
offence Of the prties Is baiabe and the ~ bail
That ought to be than 900 for each defendant
JOHN McKEoN District Attorney U. 8
The assistant District Attorney said that the prosecuting
officers of the government h~ght that Tor many reasons
injustice would be done 10 the United States II Mr. Norton
proceeded then with the matter
Mr. BLACK counsel for tbs accused, did not know any
reason why the rules Of common law should be violated
10 that case.
Mr.. Joachu.sscn-whai is done here, sir, is law.
Mr. Donohue rcjoDed that II men convicted before
.ksyw he not "a hal u
Mr. Joschmsscn-Thc simple point Is this, that there
competent tribunal sworn to investigate this
Mr. ponOhuc-only one side of ", and the District Al
torncy 10 lead them.
Tnc Assistant Dsuc, Attorney sad that tho whole pro
United States until trial before petit jury. Counsel
would perceive how njudicous II wosld be 10 have any
colin ,on the matter stood at present.
Mr. Donohue then addressed the Commissioner at con
siderable length in behalf 81 his clients Jones and Mlls
who were the captain and mate NJ the alleged SLAYER
ING for an immediate examination. HE said that the Com
missioner had sued the warrant and had several men
brought before him. Whether examination was
beng had elsewhere not did not Affect IA.
acton. II he was gong 10 commit tbo.e meu
on par, afbdavis without the privilege OF a
preliminary examination, let him do so; but n
60 he ,counsel bad right TO have notice of the
fac upon which they committed. The district AT
orney made the Commissioner tool, and Grand Jury
thought he handle which the Dstric. Attorney
punpcd for The pun pose Of holding while sent the
before the 1rand jury He (the speaker) did ps
think there any law 10 justify The were be
fore The Commts oner warrant and desired exam
nation. II the District Attorney moved adjournment,
any day that presented abether OF ac upon which
The Commissioner had right 10 exercise his juds
neni; bu, " the District Atoracy wsnted the Commission
ct 10 be tool 10 bold ,ose until the Grand Jury had
ans he'd their investigation, he had right 10 hook uton
The with any Kind OF safety 70 The Interests OF
his chsIts. No matter how many criminals were In the
Vnt,s states-ihoc men were supposed 10 be innocent
Until hey were proven guilty.
ne Assistant hsrct 1torncy replied BY saying thai
Judge Of the Supreme Court in the Of Baker decided
ton Of nnocenoe in favor Of The accused ne proscca
ing officer DID no, want 10 send those
.Sm%ar Y, e S The sss,s P ,s but hey present
the arrest OF these parties the chrges were i'm.
medately banded % the Grand Jury Tor investigation
The parties were not tried nor convicted bur simply de-
tanned; and 90 with the examination now before
The Commissioner would not only be unjust bu, indccaie
lie would able present tho for the pro
recuton before the 9Th Of month He never suptse
that the Commissioner tool, and the District A,toy
Dey did NOT use him as such They were engaged in their
suffered harsh treatment II their fault The gov
eminent did ht out the Merchant for the purpose OF
were now acting in this case he hoped that the Commas
s,oner would not interfere u some future day. Those
persons could be baed now. saDtos had boon reeased
the presentation Of the proper security. lie did not
ask the Commissioner TO impose obstacle In The way Of
administering Justice but the prosecution entitled
respect He did not think right FOR those men
who used barber for the nquous purpose Of trading
in slaves 70 come into court and put air Of injured
Innocence.
Mr. Donohuc said that the Commissioner had no right 10
hx the amount q bail until examination took place
For The last four years The District Attorneys Office had
no right 70 lay his hands upon a citizen and de-
mand i've thousand dollars ball without giving
him the privilege OF a hearing. n that officer had
any regard for the dignity Of his officials he would
have pressed this before the Grand Jury and
matter Of law and right the fact that was be-
fore the Grand Jury did not sustain him In his csurse
His learned friend referred to the of Baker Bat he
not asking FOR trial when he wished procure bail
for an Indictment was staring him In The face Ills clients
there with presumption Of guilt they were emit
tied 10 examination, and the Commissioner had no rgh
10 hold ihcm indefinitely.
Mr. Black followed In the same strain. No principle
~ Nv atihoI red tic Comm uncr n retain the defend
ant without giving tn,m hearing. There nothing
extraordinary Tire charges preferred against tbcfn Thoy
kn'w nat lo conduct Of be District Attorney had been;
W. was always finding fault with every body and dd
Obtain evidence IN straight forward way, bat by screw
ng out some way other and making declarations in
he public ucelsl apcrs hat The slave trade such
ahomuate raily that Justified all his proceedings This
Court vas organized ior The purpose uf examining INTO
these charge, aud lad nothing do with any outside
tribunal Instead 81 Keeping his appointments the District
Ahotncy e'uls written communication 90 be PIT into
Mc ncwFlaIcT matter Of course, in order 10
make public display Pie had been cltuoring for
long truo about tbc lave trade IN New YORK, but
dd ~ accomplish any Thing. fbe records Of the
tUurt Tor The last Cghtctn urtl- would shON that