, 1860-11-15

Want of preparation in such tangible shape
IS 20 meet with judicial notice.
In regard to . lnis-trial, ! might ask who put
thu t1lsc in that position But passing that,
myself and my associates have examined the
probabilities in that regard, and my own
Judgment is, that the trial can be finished III
Inc Me allowed.
hut if they know SO well that no trial can
be finished, why did they allow US to eend
hundreds and thousands Of miles for witness
e.. The counsel yesterday snecred ut my call.
iny the defendant defenccless woman. l call
! woman defencelcss who Is thrust out Of
doors upon the charity Of othezs, Without Q
dollar, without alimony. The truth Is they
arc not apprcheusivc OF any new tFihI, hu.
they are not ready, and seek some pretext to
cmbar1ass 1 woman, and put her friends to
new and fresh expense. We arc ready and We
demand that We shall now be permitted to
show 10 the world tho utter falslty of the
basest charge ever brought into court Of JUS.
tice.
M11I.En-Thc venue was changed By The de-
fendant. We did not remove the cause to this
county. There were reasons appearing to The
court why the cause should not 6e sent to 9TH
cs counties. Not examining tue statute. VIC
supposed trial could be latl here, aud these
considerations moved the court in sending the
canse to this county.
The depositions were referred to by me to
show the difficulties lying i'll the way Of 4
Questions. I sec tho couns sci arc trying to
make capital By giving to tho public the lm-
prcssion that We arc not ready, which Is not
the ca&c.
As 10 the suppression Of the st. Louis dero-
sition,: tic counsel declined to discuss thc
question, stating It to be thcirpurposc to otler
II OIL the trial, and then discuss it.
The ;ditiicuities in the way Of 4 trial in two
weeks are insnrmonntablc, iind the manner Of
the counse! In stating his Judgment as to the
time the trial would occupy, showed what Lis
real opinion is.
BROWNING ION tic part OF the defenceGf
will read the affidavit as that Is the only legal
ground Of the motion to postpone. The
Court will sec that the reasons urged by the
counsel arc totally and essentially different
from those laid down In tue affidavit The
gist Of Ills speech Is that there exist Ecasons
which render 1t necessary to examine witncse.
cs orally, and to consider objections to tlcposi.
tions. I apprelIend The Court will dispose or
the motion only upon the affidavit (rcadinS the
affidavit to the Court.
The whole basis of this is that in their opin-
ion the ease can't be tried In two weeks. The
COUNSEL have no right to assume, nor eau tho
court assume, how long trial will take. Ny
own opinion Is that eight days will suffice for
this trial. may be mistaken, but that Is my
judgement, and more especially Il the conf
plainalIt Is burning With cageEucss and CONT
dent of SUCCESS, rs the counsel states, and no
disposition for mere delay exists upon their
part, aud understand the counsel that his on
~ desire Is tl.at both parties should have fair
trial If NC enter into the trial in that spirit,
eight, or ten days at the utmost will suffice.
But how eau the counsel possibly tell how
many witnesses we shall offer, or whether we
shall offer any! ! really don't know that We
will would not say that we shall not, but
my present views and impression Is that We
shall not.
Exo-v ,1ov,<>a+.o,, 41,,+ I, T., Aha ,o,,-o ocu In
read III one day. The testimony Of ten or fif-
teen persons can be taken in another day,
since the important testimony is In Acposi-
ton; hut calling this to OCCUPY 4 week, Or \
week and half md still hall week would
be left for the speeches.
When we're the dispositions Of plaintiff
placed on file! They arc twice as vo1uminoas
as ours. Not solitary one WIS PLACED on 1llc
this morning.
M!ILEn-i for orcomplaiuant.} .}-You had copies
Of them.
DEMONSTRATION dcfercc.)-We did not get
them from the files of the court OF our de-
positions they have copies. Do we or they
stand in the worse position In this regard?
Mn.LER.-Thc objection to the Chicago de-
positions will come up for settlement and cur
rection..
BRowSlso-I never knew trial Of any mo-
ment in which objections to testimony did not
arise. But ls that any reason for not entcrin.
into tue trial: If the fact that there azc to he
questions about competency. is to postpone
tllis cause, then it will he forever postponed,
The two dispositions in Cincinnati, spoken
OF hy tue counsel and not yet on file, relate to
q single point They we're represented by
counsel there and had their cros,-lntcrrogato-
ries. They say that timcis needed to trace out
tho history OF those dcpositions. will ill.,
form the counsel for their consolation that we
do not wish OF intend to place those dcposi-
tions On tile.
As to our offering dispositions on the trial
now suppressed by the court, wc have certain
y too much respect for its decisions to insult
this court by such course.
1t is now proposed to postpone this trial till
January. IN january, ono Of the leading eoun-
sci for tic defendant, Mt: Furusworth, win
necessarily be engaged In public business.
The Court will not pursue such coursc as
will deprive her uf her selected aud chosen
counsel. As 10 myself, it would be but little
clients right to have MY services If she desires
them; and my business will dctain mt all
through the month Of January.
The Court certainly has the legal power to
postpone this cause, but no legal reason his
l'ccn shown for the exercise Of that autlori-
". And under the reasons urged, though the
Court had n moral conviction that the cause
could not be tried, the defendant being here
ready and urging her trial, believe she has
constitutional and legal right to demand that
her caEsc shall progress, unless a different
class Of reasons than the opinions and Judy
mcnt Of the counsel are given. But the COM
plainant Is caSer for trial too, go the counsel
states. And both parties being ready and
eager, the Court certAinly will not insist on
disappointing their expectations.
hut the court would economlze no time By
postponing the Cause. For tile burden IS
heavy upon the defendant now, and VIC should
be compelled to make m application for all
1nony. The fruit Of the previous union Of
these unfortunate parties are two female chill
,1rcn. One arrived At that critical ayc pccu-
liar1y needing the loving care and guardian.
ship Of j mother; and the other Of tender are,
hardly get lisping that mothers nauc. We
shall make all application that the custody of
the children b. given to the defendant. The
discussion Of the questions arising would re-
-quire the evidence to bo gone into rs fully rs
upon trial, and the court would lose and not
cconomtze time by tho postponement Of the
cause.
:. FAKSsToRIH, for DEMONSTRATING exanl-
ined with reference to this question, my Judg-
rncnt is that the trial can bc finished III two
werks, If no special obstacles bc iutcrposcd.
With the MD Of fthe Court, matters can readily
bc expedited to this end.
/. osGooD, for Complainant objection Of
the complainant is that wc cannot have full
trial, progressing carefully to the end, without
interruption, in the elacc Of two weeks.
As to the questions Of a1IIuony and custody
Of children, the time to meet them Ia when they
properly arise They present III reasons why
the case should be taken up when there is no
probability Of Its reachiug conclusion; The
question Of the times at which The pltadfnss
were tiled, or under what circumstances and at
whose suggestion a change Of ytnue WIS taken
to this county, is not material in consideration
Of the question before the Court p,
II is disclosed by the affidavit on which this
motion is founded that more time is neces-
saFy than can be had fur trial, il We COM
mence next Monday. viii the Court
take the responsibility, for on tho Court the
responsibility win fall, Of setting down the
cause for \ mis-tria1, with NIL the disastrous
consequences involved therein to the parties
and the community.
As to dctenceless woman and injured inuo-
ccuce, and time Of taking depositions, all this
las nothing TO do with the length Of time the
trial will take. I understand thousands and
thousands Of dollars are engaged, with tho aid
Of the police force, In hunting up prostitutes
to blacken tue character Of tho complainant.
Whether the complainant WIS present or not
at the time Of taking dispositions, no investi-
cations could bc:Eiven, only rs contained in the
dispositions. There needs to be opportunity
to examine the witnesses orally, which viii
consume time 49,, ...,. ..-
The affidavit dieclosos that 1t il impossible
to try the case in tho time allowed VIII the
Court assume the hazard Of placing the cautc-
for trial, In this class Of cases with the i'm
portaace Of social interests.
The question was taken under consideration
By His Honor Judge Norton, and his decision
is to be rendered ut the opening Of the after:
noon session OF the Court. -. -..':1'.: :. -.
ming for Chicago, :.
1he dcposttions Of Betsey P!iner, Georgia