The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-04-24

n the law department. mo head OF that depsy.ms,A D
the prosecutor here his Office s Of fr more mpovAses
than that of any other In the community and here
fore cay that he has been belled In this case The pro-
per administration Of public justice demands that thas
having any desire to poson the public mind against nr.
Butteed In favor OF Mr. Carr, seems 10 me that hs
tho suggestion OF the fancy Of the learned gentleman
how could the discussion Of mere motion 70 adJourn
case without going into the particulars OF at AL Weju-
dice panel Of jurors for or against the prosocuuonf
won't gay absurd, but Il certainly Is paying very
slight compliment 10 the Intelligence OF Jury who
should be selected to- try the case when
should be commenced. j requested that the DIS
trict Attorney should either bring on tho case
or fix day when 1t should positively be tried. This case
has nterierred with the personal Arrangements OF M
Carr he has been very DESTROYS Of leaving the city he
aman OF that character who will not leave the city so
long as he rs n custody or 30 long AZ this ndc,mens
pending against bin, and he says, ''f have done Mr.
Busteed wrong have violated the Law Of me land
and am crminay retPonsibe, ready at once eithe
to answer for my offence take the punishment whc
the law atjudges for the commst ion Of that offence Why
surely Mr. Carr nor myself should be blamed for comm
want these bonds made tighter around our umbs, or
want them discharged. That bound hand ID
foot by the process snd forms Of law apparent 10 u
Court and that we would Ike TO have them nnioosed
Improperly there, equally clear. In addressing tho
Court We have always kept WITHIN the line Of our egsi
mate duty, and submit therefore, that the prosecution
IN this have right TO complain OF the course which
the defendant has taken In regard 70 IT, DO understand
the gentleman say that they do not bring their
for trial without having any time Hxed when shau be
ired9 There no anxiety on our part to get rid Of
trial; our anxiety 70 be tried We are ready now We
shrunk from m responsibility IL " true, a. suggested oy
The council, that upon former day the second tuesday
mtstic affection; but that the only ground upon which
the cause was put of wss for my persooal oouve-
exception have asked favors for delay nor do We
deshe IT, butt on the contrary desire that this case
@ Ds :. @
se-here s certainly NO prejudice in favor Of M CArr
for apprehend when the case will be tried Mr.. Bossssd
will be known 70 all the jurors, and Nr Carr wl be per
soraly known to not Of them. He must stand fall
by the honesty and justice of his be fA 70
tain his defence succeeds In doing 80, whether Ahe
Jurors shall be friends of Mr. Baseed not per-
fecty willing TO abide by the result and al the
quences oxng from their verdict wsasever ssss verdict
dctment the gentleman has suggested that ssascd that
Indictment might bo tried without the prosecution
calling the prosecutor upon the stand do 10: know
that ! have oonended for different
doctrine. The suggestion which l made Was that
bulf ever did make that suggestion made when
upon the face Of the ibellous matter necessary thAt
tho party complaining should be placed on the stand
that material the part Of the prosecution 70 sstah
Il. twill be time enough 70 discuss the question when
the gentleman shall have made Up HIS mini 70 plsce Mr.
Busteed the stand. Understood that II Intended
to put Mr. Buseed the stand and the excuse for the
Of the city of New York We will discuss the question
to the necessity OF placing the prosecutor upon the stand
whenever that question shall arise.
The Recorderl understood the counsel ~ that the
prosecution bound to put the prosecutor tie saDd
Counsel stll maintain tha, in preliminary exanius
the fret wtnees examined
Tho Recordcr-lf that rule holds good in preliminary
examination, II must bold good on trial
Coupsel-O no, the cases are different
Mr. whing-t will bo time enough 70 settle thst eoes-
ton when the care comes on for trial Il s not necessary
now either 10 argue that point for the Court 70 ex
press any opinion upon IT, They, OF course, win try
their case IL to be tried in their wsy. they
ready now We ready. II they do not intend 70
bring this on and your Honor holds to the posi-
top which contepded for On the other sdethat the
power TO csn,ro District Attorney that
he IL y. liberty 10 bring n whenever ne pesses,
whether convenient for the defendant no,-I have
nothing more TO say. Mr.. Whiting then resumed his
seat
Counsel for tho prosecution replied at considerable
length, but bus renarks were recap'tulaton OF what
rac'er Of his client be said represent, yocr Honor
please In this prosecution, udv dual whoee pesce Of
a &c or r wnom
on terms OF intimacy and friendship with him for years,
and barring those ndsereiops and oles you please,
vices and crmes-hat always associate themselves with
human character, consider him fine specimen Of
humanity can be found on Una eons!nen,
facts which this Court could take la.i1Al COG
nizance OF for the purpose OF imPressGg !;
We told, said the conneel, in the very paper sncs
cent forth his Infamous and mahgn production hs. be
when bursts, will scatter around eesth and havoc IN
All deotors have not seen the issue Of The; paper
bat am told that on this very day be has framed and
sss, which supposed 10 reside alone In the srsas,
him who. within tho secirity Of his closet aad
utpcb behind the law, eDdesvors 10 rob his vic.m Of
that which he dares not take from him In open day
The speaker referred to letter Of Mr. Carr's which
appeared In the HkRAID Of Friday Should the prosecu
this case coptr the speaker De turn I'd nom me
bar Of this court and told that he has wrong TO re5ress
an3 that at all events that wrong will be redresse4
here instead Of appealing TO the of the Law he may
on some future occasion appeal TO his arm, and
gam from the puniuon which viii lnnlc. redress
oongenal " his feelings, and suited the dssrdy
conduct OF the person who has provoked H. He affirmed
that would be utterly impossible for the p,o,e sutton %
proceed with tho trial OF this indictment at the present
term, In consequence OF the poison infused into
ef Tho community ny the Ipposiog counsel.
Inc keooraei-hs unquestonably the right Of per
son under Indictment that ~ early opportunity
ends Of public Justice will permit should given him 70
clear himself he can, from the suspicion under Which
be necessarily lsbors from the accusation What 70 be
the length Of time forever Certainly MT Can be con
tended that the court powerlcss whenever csse
shcvd be brought before v po,osfn n yee what then g
the object OF couu Only 20 s piece mechanism
" be moved At the direction and under the control OF tbs
Dsuct Attorney Counsel In arguing this motion on bo.h
SIDES have taken very vide range, and one 10 my judg
mebt not calculated 70 dscuss the merits Of the motion
The object OF this court 10 protect comp q mart in
bis rights, ard there IL that would sive
pleasure 10 protect than The complainant In question: but
tbai should 60 out OF my way 10 do Is doctyins
not subscribe TO- and that the ougb, ase judicial
notce Of other indictments another doctrine cannot
subscribe TO- That natter for the court 70
take INTO consideration After o convi-tiou has been
hso, but not 10 be regarded beforehand 10 pre-
JUDGE ue defendant have examined this ,Atser N
regard 10 dsmisng n Indictment, and hnd ths; EhAve
10 Cover 20 do 20. have the power 70 dschArge he
recogni1ance In this case, WHICH consulting with he
City Juoge, lam not prepared 70 do At present
BE Honor Fixed ne trial for the second Monday S the
neIt term, directing The prosecuting oflcsr give Ne
Defendants counsel nve days previous notice.
kr. Whaiog then left the Court, accompanied BY NJ
Carr and friends Mr. Bus,ced was not present.
News from Buenos Ayrss and Montsvfdse.
We have adytces from Ruenos Ava. N ,he s.h AL