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

cution right in thus respect rhis h not proseou
sed The kMued counsel for the defendant ls repre-
nted as having stated that defendant
MI Bvsseed face 70 face The counsel himsh within my
own experience settled principle that Indictment
lbeI or upon the trial for libel the prosecutor
eoessary witness Tor the people, the intention Of
aUeakpe p resoute and defiant manner Of this court
and rom which cannot retire. All desire Is this,
that the aDdoe should out in opposition to the reoort
want il distinctly understood by those from whom
to get jury Try this Indictment tha, the opeo. of this
of tbis pTcrecutor
The Re corder-No apnadversion vas made against you
in the newspaper report Tread the report AZ appeared
10 mime Won
CounseiI did not mpute that 10 the court but the in
,ha n,osscntSn ths, was not at ha uost when he was
wante dYp when was absolved from attendance by the
announcement Of the District Attorney
taIiv IN the matter we are met here 10 discuss
this dsy You have oopsdered two propositions first
tna he Court has no right to dictate 10 the District
Attornsv The ,me hen an nd,ctment sbaI be brought
on n t,;a y Tha, 10 unoues,,on.hv trna. but in the
show bsn csuse 10 az, dow ror rial whv il ,hsl not
proceed unlers the District Attorney see 6t ~ drive
on,,I diner with you entirely An Indictment is writ
ten accusation Of one or more o charge nrefer
RED and presented upon oath by a Grand Jury The mo
ment man is indicted he labors under suspicion Of
crime and hence ia always necessary, as far as the
thst he should have sudden and speedy trial he
ends of justice will thereby be met In this case,
peOre me during The argument of IT, IL had Al
resdv been sci down for three dierept days II was an
Dounct openly in court that the case down for
Wedneadav ana in nursuance of that arrangement the
cousel for The defence was present with his Witnesses
but nobody appeared on behalf OF the prosecution Mr.
sedgwek the Assistant District Attorney, stated that he
neither OF the coun who were 70 conduct were pre-
sent II vas case of Injustice and hardship 70 the de-
Sendant seeing ibat thew were Anxious and ready for
trial and tnowp0 that thew did not intend A under.
stood Mr. Whijre TO say that the prosecutor would be
the libel = others without his testimony Thought no
hard, hin Could come 10 the rsosecut,on 70 have II set
down Tor a particular day Had the prosecution been
nj ON ,st dav or stated anv verbal or written rea
son whv the ir,si shonM mt % on would have lat II
hold The proaeeuton 70 the strict rues re
ouse for The of case that do the defen.
dsnt Ave me word Of The nrcecutor the worn ocey
of the the word OF the dcfendant or de-
sa. a .ne S'i., ,i @ @ o ~" % " ,;.,G @ hasuo ~; co,
hsa rnles for its oyn vh.rebv
We reonre an aaidsvit 70 be made In ali cssee
N possnore case T1erefore I hold that the
and Of the nrct Attorney the rule
is binding on both pates 10 20 on with the trial OF the
Usns@ or % .s So. hs s' Enr hs
rsason tins cass vas set down for IN order ,hsi
he disnosed Of in legal wsv or have The defend
81 a,schsrcad
Connsei eYcrr uonor can noake .nv order The in
dictment win be tried az certain as we i've
Recorder am perfectly willing 4 you cannot have
Court A' 0e'0' me- ''' " u" " '' "'A' '0' u '"'
Counsel-l have no private client nor would be per
mitted represent private interests at the bar Of this
'o1ns ny e xe ao', ar .,..r ,ro..
r.,,oaa, h.ra ,o,hns woo ,o 90 .ons;d.r n i,,
~ ~. 80 ..s s ,.as,s,. - .So,id n-yr,.d " ~
P'ofS' 'A-' my ' ~. .nos ~ os ,.a % ,.nr..D ~ $3.50
Mr.. James R. Whiting rose and addressed the Court
h ~, vonns cr;end IN 20 b,,r.. Il rom hs
ssn ~ hvs,nss. n wbScS bc seams 10 have hcan
sinrcaa hw ,he y naiior rhich rad. on WasnssSsy
& 49,, ~ h a,a no r.ss hnsa,S scnns,n,aS s,,H ,,s
sstora hs ,csas an HE MINI Inn. he the snh,ect
10 oeuIe he msae Sp ns mma sna' nv y. no svYv0a @
,ba tbs c.se act down IN he ied ON Wednesdav N
b,s week when The chayp, wns ers, made ara,nst Mr.
Co., or Whoi tha ns,e. ,n,aye.,ed ,rosacu,ed q ,.h
ran5v ma yeai excnssa on,v nron The ground s tbe
rrsa, nubc necessity that enated for mmediate Action
~ ,na' ,ss % n.rroan, % ~ ia haar t,n,Ip uSei,s rh
nrosecution a 90 yandly Followed mn tha ON the
same day The charge was made hearing vas had bail
as o,a.,sd sna ne ~,.s ,nsdc - ,h. r.s
of The object Of the proseton 40 vii, ,ho
REFORMATION of The ndictment whln three aavs as,,r
ms comnIant was maze ana hail given AN indie,
~ss nrsser,ca and fonnS and nrcasn,ed 20 .hi c",.
rror tbat IN the nressps dav tne mo-. hasn
soSv Of bo nd a1s 81 ass
s ,e, % awn @ y sor - ,r,ai 1 In.asav ~ d,son,d ~ Co.
owing Az sone,br Ind heard In he street In ,ela,oo ~
the posponen of the cause to cali uron The psirs
on tbe case and IN answeT no thai receved ,bs NOT,
from the learned Distrct Attorney which viii
n,.-,,o err AND CorsIr a,1, or sIw 1osss;
Jas wnrISe-DGlR sIs-The eounsei Ia Ia. Carr csse
says that be win not be ready % morrow He says that Mr.
Busteed out OF town at hempst.a The counsel Win
be prrpren 70 sta 20 morrow when ne VII be re.sy and
w ssooh n"A "o" nm WI" x. m slsn YOU
Mr. Whiting rssumipe-I received no further commu
pication from the District Attorney or the council
came INTO court ON nv rnornpg ,b tho x
ton that tie counsel would be here 70 ny the cause or
that some good reason would be given for ts pos,re
mept TsuSmr 10 your H,nor fre m tho faots stated h,
This oommuncatou had The rsht 10 labor under ,ha,
impret si,p and did 40 When came into oourt vour
Honor will remember that sin,plv made a motion ,bai
his case should be broush, on for trial aid NOT s,a
IN NV motion who were COUNSEL for the prosccntIop
The Learned Assistant Drtt Attorney rtaed that thew
vore NOT ready by reason of Tho Absence of malsrs
vpets no had o,t sope relative and whose be
had 10 attend tod that hi, case coud proceed ON
the Testimony of Mr. tsteed the STATED bs
irauortsnce Of this case IN the uube and arm gl,d .o
hear from NV learned friend on Tho ter side at tls
ease sInks mo insenteanee eon,sred xtth the nhl @
tsrests staea tSat m the fnrts charged N he beoos
were 40 Mr. Carr sht 4, be and ana
that Ihey were tue was time In the pr ssept stae on
thy COMMUNITY the tru,b soud bs Known ana Mr. car
n found guilty should be uroterly punisbed staloi
that Mr Carr vas geu,ieuan of high tone and rocmsn
~ spir and that so far a apy nferences mgbt have
been drawn A. 70 the Improper conduct Of Mr. Buteed 40
regard 10 large portion OF the matter CHARGED 10 hc A.
beilous Nr Carr had withdrawn that portjou OF N and