The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1861-07-18
The District Attorney would move that the pri-
soners at the bar be arraned under the indictment pre-

Inc DISTRICT At'orneyI would now move that the PR
oners at the bar be arragned under the indictment
'ented yesterday.
Mr. arocque-f your Honor please, represent but one
Of tho prisoners. There other counsel believe who
represent the prisoners generally Iappear for Mr. lar
estone Qhe matc), and l will state what l
by tho District Attorney. Mr. Daniel d. Lord
associated with me- and believe lac is engaged in
the adjoining court but will be here The Court will
perceive that the learned District Attorney has very pro
perly taken considerable period OF time the framing
OF this Indictment II is some weeks since the
Of issued and the course which he has taken
certainly deserves great commentator; for the indic
ment in this than any other that has been
found in this Court required greater care IN It's prepare
ton aud il is which viii certainly present more i'm
portant questions than probably any that has ever been
tried in this Court The indictment was only presented
YESTERDAY, and as far as am concerned ,or was
afternoon. OF course | had no opportunity 10
examine it, l believe it is quite voluminous
document and contains great many counts, and before
the prisoners the bar would be prepared plead TO the
indictment IL will certainly be necessary that their coun
sci should examine 1t with care and determine what
course to take with regard TO it, and then probably,
there may be application that 1t will be necessary TO
make to the Court before the prisoners will be prepared
TO plead therefore desire your Honor postponemeht
for that purpose, until we can have time TO examine tins
indictment.
The District Atorney--I have doubt it is very pro.
per that time should be given TO examine this indictment
and to take such with respect to counsel may
think it their duty to take standing in the relation they
do towards their clients should be very glad however
if that time could be consistent with tho convenience
of counsel, near that the pleas should be
made and the trial set down for day before the
Court adlourns. shall be ready, if your Honor please
behalf of the government to try the prisoners any
day. shall be ready to try them within two three
days but certainly IL proper that counsel should have
time TO examine the indictment suggested. hope
however, that counsel will examine speedily aud before
the Court adourns as understand your Honor will ad
ourn at early day in order that the plea may be put
in and some day fixed for the trial of the cause.
Mr.. Iarccquc-lt would be utterly impossible for this
to be tried this term. In conversation with the
n 1HV Hnn ppn
tlcman himself declared that tho case could not be
tried this term of the Court, and it would
during this term. IL will be necessary for to obtain
testimony from abroad of the limits of this State and
that cannot be procured in time try the this term
Certainly no interest Of public justice suffer by delay
OF the trial OF this case; and think 1t Is emneny
per, and am sure the Court will agree with me, that
proceeding Of this Importance should be conducted with
elaboration and that ample time should be given to the
prisoners TO prepare their defence. had understood,
moreover, that some ntmaton had been made by your
iIonor's associate the bench (Judge Nelson) that
he would attend upon the trial Of this am told
that Judge Nelson met with an accident shortly
after his return home from his attendance upon his
judicial duties, by being run away with by
horse and that he is so lame that he is unable to move at
present and am very credby assured that Judge Mel
has expressed his conviction that it his duty to
attend and 10 sit the trial Of this Very important
questions of law will be presented, and your Honor is
that criminal IN this Court there is writ
of error the prisoner only has the right to review of
any decision that might be made in this Court in
difference of opinion should arise between the Judges who
preside And certainly in of such great importance
as this is whore the lives of many prisoners at
stake is of the utmost consequence that there should be
full Court present when the prisoners tried. So
far with respect to the trial OF the case. Now,
your Honor is also that by the statutes OF
the United States the prisoners have right to certain
period Of time before any movement can be made with
view to trial. VIC certainly cannot be ready to plead
this indictment in less than week.
The District Attorney-Thc Court will permit me to
make single remark With respect to the private con-
vcrsaton which my learned friend has alluded to- never
intended to say percmpory that the trial would not take
MIN he Ind tbOrif.
did, however, express opinion that the pre-
sent term was nearly finished, and the summer
now upon us, probably could not succeed in bring
ing the for trial during tina present What
have said intended to be limited expression of
hope that counsel would consent to plead at an
carly day. Very important questions your Honor at
stake in this case and their influence upon events that
arc continsay taking place upon the loren
der important that the trial should take place ut as
carly day as possible With these suggestions will
leave the matter entirely with the Court. "a
Mr. Sullivan said he appeared for Captain Baker, the
first prisoner named in the indictment
Judge Shipman asked who appeared for the other pris
oncrs. lie wished to know if all the prisoners sup
piled with counsci if not he would assign them counsel
Mr. Sullivan said he did not desire weeks postpone
ment he understood his Honor had nmated that the
Court would adjourn on Wednesday. As to the time of
trial, he authorized and instructed specially
to for Captain Baker that he would ask for delay
other than what absolutely necessary for his counsel
TO prepare He (Mr subway hoped TINT the Court would
continue its session specially to hear the ut cnst
to try some portion Of the defendants Hc made that
mark on the presumption that the defendants would ask
Mr. Mayer said he appeared for one of the scamen Geo
Clark, and he concurred in Mr.. Iarocque's remarks
Judge Shpman-lt is hardly necessary to discuss
when the will be set down for trial The motion now
before the court is for the arrangement of the prisoners
and counsel asks for time to plead I should like to
know the names Of tho counsel who appear for the
prisoners.
Mr. Larccque said he appeared in conjunction with Mr.
Mr.. Ridgway appeared for the sailors--Delcamo Ho-
man, DAILY, Palmer, Murphy Jargan and CoyEc-and lac
also concurrcd in the motion for time to plead
hort Eerr nd trad
that the trial should be brought speedily possible
After some further discussion the District Attorney
saidI have suggestion to make the time OF plead.
ing desire that the prisoners should plead carly
day possible. With regard to the indictment think
WIZ be found when counsel come to examine it, that
although the counts large in number after all the
Indictment is simply one. There certain details
which II was necessary to set out at length and
classify into number of counts, and he (Mr.
SMITH would suggest that counsel would examine
the indictment between this and tomorrow morn.
ing, and then meet hore and have the prisoners
afragned. He made that suggestion, believing that
much time would be saved and the prisoners tried ut an
earlier day We might adjourn till to morning,
and then fix day upon which the counsel would be
called upon TO plead. make this suggestion for tho
sderaton of the counsel for the defence.
Mr. Daniel n Lord perceive that the prisoners arc
brought here TO plead in chains If that is to he repeated
each time they brought here would wish TO have
the time named when they to plead.
Mr. James 7. Brady (whO had entered tho Court few
momcns pcvious said that no believed the engagement
under which he acted, in connection with other gen
tlomcn covered the cases Of all the accused who had not
already been represented before his Honor by distinct
counsel
Judge Shipman-Thcre is no necessity, then, for the
Mr. Brady-in response to your Honor, allow he to say
tina, represent Captain Baker particularly From
been employed, and more, probably, than will take part,
es your Honor is well aware, in the trial l have
had the pleasure Of comforting with Mr.. Lord only
since this arose and he Is in every respect the
Nor Of the gentlemen who employed in the case, we
should like an opportunity for conference. 1t highly
y cd all