The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-03-26
Indictment OF Mr.. Ssct<les by the Grand
JuTy-Ihe Day Flxed for the TriaI.


very evident yesterday morning that the friends
OF Mr. SckIes growing impatient OF the unusual de-
ky OF the District Attorney in sending the indictment to
the Grand Jury for their nnl action especially the
counsel for the defence have given notice from day
81 their readiness TO proceed During interval in the
proceedings of the Criminal Court yesterday morning.
Nessrs Stanton, Chiffon, Mgrudcr and Radcliffe
panied by Mr.. Sckes' father, appeared tue court
room and Messrs Chiffon and stanton asked leave TO in
qure, through the Court OF the District Attorney
when bill OF indictment would be returned by the Grand
Jury their case in order that counsel, OF whom
resided out of this city, might be enabled be present
when should be returned 10 order TO arrange the time
Tor the commencement Of the trial.
Judge Crawford stated in reply that the whole matter
in the hands of the District Attorney who had the
right TO exercise his discretion the proper time
sending the Indictment up to the Grand Jury. 1t
bis privilege aso to decide the day Tor trial. but any
motion at all in the matter before the bill OF Indictment
should be returned informal. The Court rarely If
ever nterfered with the action Of the District Attorney
Mr. Ould stated that he could see the proprety OF
counsel making such motion BE had already informed
several OF Mr. sckes counsel when he intended send
up the indictment, and perfectly willing pr.
vately TO them now when be should do so.
The Judge remarked that he did think the District
Attorney was at all bound TO inform counsel when he
tended 10 do particular thing He had the right to do
30 he thought proper, as matter OF courtesy bot this
whole inquiry informal and the Court could not in
any way respond TO il.
Nothing further was said of the case until noon when
the Grand Jury into court and announced a true
bill OF Indictment against Daniel Il. sckos murder
of Philip Barton Key.
After the conclusion Of the arguments in larceny case
rose Mr.. Stanton stated that important that tho
trial should begin early possible and asked that the
case shond be set for next Monday
Judge Crawford replied that the Court never interfered
N such unless the District Attorney unrcasona-
bly, Glow in bringing up the trials Mr.. Stanton then
appealed to the District Attorney OR. Ould) fix on
Monday next for this Mr.. Oud replied that il was
impossible for him TO be ready try the at so early
day. Mr. Stanton said that witnesses and counsel for
the defence from another state had to be sent for and
inquired whether he 10 understand the District
ney saying that he would not begin the on Mon
day next. Mr. Ould answered that, while ne wished to
be courteous TO counsel he could not arrange TO take up
the case before Monday week Mr. Stanton thought The
tense used 70 be quite immateral He merely wished
20 ascertain the final determination OF District Altor
ney In regard 10 the time OF the trial. Mr Oud will
ing, in order show his disposition 10 accommodate the
counsel for the Defence that they should select any sub
sequent day Of the term that might suit them better than
Monday week, end he would postpone the till then.
MIR. Stanton. ''No sir Will not postpone II for an
consent To xupon any intermediate day between this and
Monday week. Mr. Ould again declined Mr.. Stanton
uen formally sgnhcd his Acceptance the part OF the
counsel Tor the defence, OF Monday week the day fixed
oy the Dstrot Attorney, and tho Court that
the case would be taken up on Monday, April During
mis- colloquy the court room densely died with
anxious spectators, 10 whom was doubtless great re
lief 10 hear at last day set for the opening OF this trial
Correspondents for New York papers In their anxiety 20
furnish late concerning the conduct OF the case
have repeatedly teeraphod the dles rumors as
information. Among other statements IL has been NJ,
legged that ex Senator Badger, Of North Carolina would
assist In the prosecution This IL without foundation So
far from having any connection with the ckes Gaze wo
learn that Mr.. Badger will leave Washington this morn
ing, not 10 return till Nay We believe that has not vet
been settled whether counsel will be retained to the
District Attorney In the prosecution.