Evening star. [volume] (Washington, D.C.) 1854-1972, 1859-03-25


CRIMINAL CouRr-THB SIcxLRs CAsK-After
our report closed Yesterday the jury in the of
the United Stltes agt- Charles Berret, Alexander
Moseby, Frank steer, and A. p McCrabb. wherein
the defendants were charged with committing
riot on the 18th of March 1852 returned n verdict
Of guilty Of an ARRAY, and the defendants
Zach sentenced TO pay fine Of So, and costs Of
In the case Of John III. N. Humphrey. charged
with stealing pair OF boots from Henry Mels. the
jury found n verdict OF guilty rs indicted. The
prisoner was not sentenced on account OF there
I~ing raSe of assault and battery with intent to
Kill against him, which has TO he tried yet.
Messrs Stanton, Chiffon, Magruder and Rat
Clife, counsel for the defendant in the case of
Daniel r Sicklss, indicted for the murder Of Dis
trirt Attorney Key. came into court.
Mr.. SlntOn addressed the Court calling atten-
ton to the case stating that about hour before
the Grand Jury bad found indictment in the
cas-. and he Vas there to ask the Court TO assign
~ for speedy trial. He would state that the
whole affair took place here in this city, where
the witnesses for the Government We're at hand
and all their testimony was within the access OF
the Prosecution within twenty -four hour notice
h Therefore asked the Court To assign the for
trial next Monday. There were special reasons
Why this early day should be fixed. Mr.. Sickles
had been DOW confined in Jail about one month;
and he had, under the Constitution sacred riy hts
among which WIS the right 10 a speedy investipa-
ton b,for- 4 jury aud il the should be pJst
pOnrd Ia I remote period than next Mon,lay
MIR. Sickles would DE placed in danger of losing
the testimony Of important witnesses, Us well Of
losing the distance O counsel whom he relied
90 attend Ia his cause. and who had other import
ant engagements elsewhere. Unless the District
Attorney oonld show some good reasons for put
ting the trial of to- further period lac asked that
the Court would tx IL for next Monday
Mr.. Ould thought the application had been
urged with rather too much haste. considering
that the indictment had only been returned about
hOur. and that what attention he had been
able 10 bestOw upon the case, had been confined
ID what was necessary to the finding Of the pre-
sentiment of the grand jury. He would STATE that
Il he
trial by Monday, neither could they be. He
thought it likely that the Government could be
ready by next Monday week; and he was willing
"a set that time for the trial, IL that day would
suit the counsel on the other side. He was aware
tfst Mr.. Sickles had constitutional rights with
respect tO full and speedy trial, and ne was not
here to throw any obstacle in the way; the con-
trary. he regretted that he could not feel justified
in taking up the case sooner. At the same time
those rights did not extend far s to force the
Government into a trial without due preparation
lt had never been the practice here to compel the
District Attorney 10 20 into the reasons why he
could not enter upon trial on such. or such a
day. and he meant no diScOurtesy to the counsel
when he stated that lac would not give his reasons
for the course ne designed to take into the matter
The counsel should not forget that at the time he
had named. hut one month will have elapsed
since the unfortunate occurrence took place which
now under consideration. and that all things
considered. the time was much shorter than Is
usual in such cases
Mr. Stanton thought il undue TO charge him
with haste in i matter OF SD much i'm portancP lie
not aware what the practice Of this court had
been. but thought it the first time in his expe-
rience where the fixing Of time for trial in
Of the utmost importance was entirely in the dis
erection OF the District Attorney, and where that
officer could refuse to 90 into the ut proper
time without giving some good reason He had
not been aware of the fact that the officer OF the
United States could thus stand on the privilege of
his position and refuse to explain his reasons for
not doing thing. The speaker thong lat the Judge
stood charged with the duty Of fixing a day for
trial II thiSyyas not the case, he should have to
DE content but justice To his client demanded that
he should urge trial at as early day possible,
and lac asked that time he fixed, that the de-
f.ndInts counsel might be enabled to have his
witnesses summoned.
Mr. Ould regretted that he could FIX no earlier
diY than next Monday week. lie lad desire
delay the trial <eyond tie earliest possible mo
ment- He did MOI desire 10 keep Mr. Sickles in
Jail. and was disposed To accommodate the other
side 70 the extent Of his ability But he had
already stated that he could not get ready by next
Monday, and that he would Xix upon that day
wu'.k. or if the counsel on the other side desired
any other day after that time. lac would willingly
postpone To accommodate them.
Judge Crawford stated. ia general terms. that il
was not the custom for the Court ~ interfere in
these matters IL lad always been the custom to
leave that for the counsel 10 settle between them
selves. and to hiak- their own arrangements with
the District Attorney There might be cases
where il would be nanlfestly proper for the Court
10 interfere; but slIc a thing had never happened
with him but This was not for the
Court 10 int-rpOse ia thu contrary. the Tad
been brought forward much more speedily than is
usual IN cases of It's magnitude. The Court could
not assign any day.
Mr. Stanton urged, as an additional reason for
speedy action, that large number Of the witnesses
for the defence, as well as some OF the counsel
Were from another State.
MIR. Radcliffe stated. i'm u suggestive manner.
that il usual for the court, where particular
day had been liked upon by counsel. to cause the
trial proceed that day unless the district At
turney should give good reason why ne desired the
10 be delayed.
Finally it Was agreed that the case should come
mp for trial On MOndas week. (April ~
the murder Of Jack Ennis. Messrs. Radcliffe and
Crawford have been retained for the defence.
To-day. Samuel Wolf for assault and battery
CD John Johnson, was sentenced TO pay fine OF
SlU.
John n. II. Humphrey was placed on trial for
assault and battery ON William Mela, with in
tat 10 Kill. This case WAS pending when
port closed
THE lNCENDIsRY FIREs-Fhe subjOined COM
nIuHicaion is from the pen Of al influential citi-
zen Of the Seventh Ward and indicates the stute
OF feeling in that portion Of the city in relation TO
the subject under notice:
wAsmNGToS March %. 1859
Ell Of Star The cOyyardly miscreants who. for
the sake of plnnder, or 10 crafty their mali asnity
at nre 10 buildings, 10 the destruction of hard
earned property aud the endangeriBg Of the lives of
p<rsOns and animals, are still unint-rrupt-dy in
The pursuit Of their nefarious business Last night
two uncomp et.-l dwelling. houses were consumed
In this wav; and IL IS not too much 10 say that
during the lot three months more incendaTy fires
have LIken place Un the Island than la the
OF the precedi n9 i've years. PRAY have the good
To call the attention Of city authorities to
this cryin- evil In this. In most other matters
prevention i better aud easier than cure. Let
patrOl force sufficiently strong 10 deter evil doors
by the moral certtinty Of detection and punish
nirnt. be appointed to our ward, which, frJIu the
unlighted condition Of its streets, is peculiarly
obnoxious To this crime. and Mayor and
Corporation will receive the fervent thanks OF
manga SEVENTH W ARDKR.
HELD To BAIL.-Yeserday afternoon, the case
of Thomas CrOpsey was taken up for trial before
Justice Dom. He was charged with stealing
sark Of -four from Thomas Pinkhard. ThOs. Bur
net was convicted Of stealing sack of -four at the
same time from the same person. and Is now in
the county Jsil beginning term OF niue months.
The evidence before Justice Dom connected Crop
scy with the carrying away OF the sack, but not
being uhcieRt. lac, with the witnesses were taken
Ia the county Jail, where Burnet declared that
CroIs.y took the -four and he sold IL for 10 cents