The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-04-24
ALLEGED LIBEL ON TINE COOPERATION COUNSEL.


Excuse OF the Prosecution tor the P"stpo.e-
ment OF the Triai-Rspiy OF Nr. Whiting
on Behalf OF the Defendant, Mr.. Cavr-DccA.
s'on OF the Judgss-The Cause pue over tiii
the May rerm--An Exciting Time, SC.
COURT or GENERAL SESSIONS.
Before Recorder Barnard and Judge Russell
APRIL % rhs Court was the of unusual excite
ment yesterday, in consequence OF having been pre-
viousy agreed that tho OF Thomas Carr charged
with nbeDg Richard Busteed Counsel the orpora,on,
would be commenced. The room vas crowded to ts
utmost capacity By large number Of distinguished cit
zens and members of the city government
Soon after the presiding Judges their seats the pri
va.e Of Mr. Bteed rose and addressed the Court
as follows
the Court please desire 10 call The attention Of tho
Court 10 whs. to my knowledge for the first time
yesterday by the reading Of anewspaper report Of one
of the most extraordinary which occurred 10 this
Court the day before ever enacteo in court OF Justice.
that utter disregard Of the rules Of this Court,
which require that motions Intended 10 be made 70
the Court should be frst notified TO the prosecution,
the defendant in an Indictment pending IN this Court
and who IN consequence Of the subsequent Rggravatons
Of bis conduct not entitled 10 any lenity a. the hands Of
this Court through his counsel appeared here and when
the prosecution were not in position TO take OF the
interests Of the people, TO prevent the compromise
which must necessarily have resulted to the character Of
the prosecutor made motion to this Court which could
be Intended for no other purpose than 70 prejudice the
foR the prosecution with the Court and the commu
ny and Which, far as the spirit and the severations
upon which the motion based are concerned, was
founded In utter asebood in precisely the spirit Of
alsehood which pervades the infamous libel for which
this defendant has been dragged 10 the bar of this Court
Now, desire the Court please, 70 make statement Of
this case newspaper report 10 TO be regarded ~ cor
rect teenB that associate counsel for the proeecutp,
in Tor ebare Of the snmadversion Of the Court,
because was not here TO explain why the prosecution
not ready 10 proceed with the trial OF the Indictment
The Indictment refer found at the instance Of
the people on the relation Of Mr. Buseed the Corporation
Counsel OF this city against Thos. N. Carr It was found
the last term Of this Court and day two after the
opening Of the present informed by elearned
Assistant District Attorney M Sedgwck that the trial of
the had been fixed for the second
present term supposng that nothing would intervene to
prevent the commencement Of tho trial on that day,
wss actually engaged at the expense Of other prces
siona employment preparation for the trial. suppoeipg
that II would proceed on the day named. The day be-
fore the period assigned for the commencement Of the
dant, and informed by him that in consequence of
domestic sicon with which, Of course the Court
perfectly familiar, IL would be impossible for him N
Try the case on the DAY assigned and ha. the trial would
bsve be Get down for another day, which day could be
fixed with reference to the convenience Of oil the parties
interested day two after the day which had been
fret assigned for the trial of the indictment had passed.
was Informed by some one-snd am now unable 70 re-
member who Il was-tnaf the trial the indictment had
been fixed for the third Wednesday Of the present term
Of this court, which is the Wednesday which has just
passed renewed my preparations to proceed with the
trial that day and continuing these preparations
In good faith when on Monday last learned that the
prosecution would be unable to proceed with the trial Of
the indictment at this term for which s not
ceAeary 10 state ID the Court because II your Honor
please, distinctly deny on the part Of the prosecution
1
duct Of the Dlstro. Attorney at alb that 1t is
N the power OF this or any other court 70 control
that r o,sr as 70 the time when % he aha. .v move @ on
oppression he is guilty Of any breach OF faith, or he
guilty OF any violation of duty in dscharging the be
heats Of his office he may be the subject OF Indictment
and he Is certainly the subject OF impeachment but
deny that any officer that stands erendeni this
court stsnds Independent OF him, is no far under the
troll Of this Court that bas the right to dictate pre-
scribe 10 him the time when he shall call indictment
for trial Having Leaned stating to the Court,
N n Ortc Of IN 1
impossible 10 proceed with the trial OF the Indictment nj
ney found that he had been apprsed OF the fact be
fore was communicated TO me. have personal know
ledge that the learned counsel for the defendant stated a
the time this COMMUNICATION was made 10 MIN that his
subIo.nas bad been prepared In good faith and were
ready TO be ssued and consented reluctantly that
cason 20 the disappointment, which he knew Deceesarg
awaited the trial OF this Indictment, far the present
| term OF this court concerned | the learned
though he knew thai this would not be brought ~
| trial on the part OF the prosecution, he never W
formed me that he intended to make such a
| motion as he did on the Wednesday which hGs
just passed. ON the following Tuesday received
q note from the District Attorney, requesting mo 70
lily or the prosecution being able 70 proceed with The in
dcinent at The prescott term. answered that note In
person, and before lett him epstls e.
the counsel for The defendant the object OF which 10
communicate 10 him the information which gave 10 the
District Attorney the prosecution would be unable to
proceed with tho trial indic,men, the present
term OF this court Now, sir the learned counsel for
tins defendant had desired 10 spread himself IN the pecn
lar manner in which he spread himself oa tue day "
which reer-f he had desired TO come INTO this Court
and blow up client in the estimation * his community
by of the bellows which he reeored 10 That oc
csson every consideration both o decency and decasy
every consideration OF professional comfy and courtesy
counsel for this prosecution In the altitude OF one who
~hen the bell rung and required him TO be at his post
was nevertheless wiling TO shirk and Try to evade the re
fer tho learned counsel for tho purpose O slorfyng him
self IN The estimation OF bis client and for the purpose Of
| Mr.. whiting (nterrupipg)-B this, " your Honor
please, an Opportunity taken by the counsel 10 give
utsrsnce 70 vhuperatiops upon mo- or does no intend
| 20 make a motion 70 the COURT Your Honor knows
PERFECTLY eli that od not pane the genfeman IN nv
! motion The other day.
The Recorder-I was just going To ths, state
Counsel ooptnung--Bu, every pcrson knows that
have been retained counsel Tor tbs proseeuon and
for the prosecution az this truthful report which
bold my bsnds should have been here 70 hsvetresied
ment ws. not brousht TO TRIAL "a such reflection upon
me ss considered the Court was defrsnde INTO making,
and cesre to dsanuse the Court OF the into which
bad fell, and The community " the in.o which the
Coor; Inadvertently betrayed IL; because your Honor has
got 70 consider this, that ia erctrg trial Of this DO
scrip,on every word which uttered here set, az
were, upon the wings Of the eagle u flies through the
community snd pervadss every part o. H. BY means of the
s.ulns daily from e different prcsses IN sour cay; and
herce all persons, especially where The prosecution was
10, IN position TO defend tser should be particularly
cbny under such circumstances not 70 drop word which
could be construed according 70 the integencs Of the
public. either 10 the dement o the associate counsel for
uetfimebt
more particularly Interested N The pursut OF The indc
neDI
The Reoorder-The remark which vas msie was hi,
Tho Dsri Atterney 10 answer 20 the inquiry Of Judge
whiting 10 whether The would be called on that
day stated that neither Of counsel for The
prosecution present Then the counsel for the do
fcndan Assed why they not present when the us
rt Attorney gave the reasons hat you saw the paper
10 answer 10 that stated thsi struck Strange
that when Gaze should be sot down for particular day
fer ual--
Counsel (nterruptns)-Hov dld your Honor know that
~ tho svp lions ma hv
Sccgwick and Nr. whiting II seemed % be granted
matter Of course that ue trial that
by mutual agreement I remarked that II struck
very singular when n down FOR a particular
day vhen the defendant had gone 10 suppo his ut
nttsee end was present With them In Court thai nobody
present 70 represent the prosecution give any
reason for postponement Of the trial.
Conrsswss sour Honor informed Of the fact shs, The
counsel for the defendant knew Monday that case
would not be brovght on for trail
Recorder--No, sir.