The New York herald., 1864-07-10
The Cnse or ArgueiIes.

MOTION TO ouAsH TAK IkDIcrMxsrs AoArNsr MAR.
sHAL MURRAY AND OTHERS wIrHSaAwa--A spE.
CIAL FLEA WILL PROBABLY BR PUr Ih-REMARKs
OF NRssKs. BRADY AND HALL.
The motion TO quash the indictments against United
7tateo Marshal Murray and other parties charged
tidrappng Don jose Aueustln Argue.les from this
have been argued yesterday morning before Judge
Russell Mr. James T. Brady, counsel for the defendants
Oouferred with Mr.. Murray Q few moncnts, and tnen
crose and addressed the Court ss follows
REMARKS or NIX. brady.
In this Case your Honor please, alter exsmipine the
papers which the District Attorney has been kiGd cuousa
70 suomis ms, discovered that we ~'re under n's
apprchet son in sup ns thai TINS complaint Was in
ated by the Grand Jury themselves II appears rom Tue
-anidaslto OF Mr. Duohue smember OF ens tdr, whom
syour Honor knows that ap caA made In the nrst
ins,s,o Recorder 10 ssus warrant. and he re-.
rerrsd tue Grand Jury 30 that the ground
upon which you guasned Indictments does not Ia
this case present sci. In 10 tho oshor mat
ter seems from the minutes Of the Grand Jury that
they did know the tact, that tes action or Nj:
Murray was cy the ass s. ..,.r ~. ,.c frSsasn nss
20, Savs been aware, a. i nsd no right
rcview the minutes the Grand Jury untl my r,nd,
she district Attorney had shown them Eur this
and other reasons which .ry trouble
Court WITH have coDciudea to withdraw this motion 10
.ouash. moe especily because the questions witch
intend 10 discuss he roicriy and luliy
presented in cca plea we conclude u put one Ia
& have arranged with the District Auorne, that we wi
within days two weeks either end not guiy or
my ireud Nth ecisi lea. fnsp your Hon VII
pass upon the ega qu-s ions more actcfny ana
ts 10 extent, II not mainly, presented 70 the
discretion Of We viii thep be perfeciiy wing
20 The whole issue; for II We do rut iptet pose
plea will 30 tril and present The QUESTIONS
rchere doubt the matter will DO satss scto
,riy disposed OF.
rem fsKs
A Hail. I)stf let Attorney, satd-
am desirous, of the earliest factcane mo
,zaeut 70 a trial the issue the SPECIAL plea
issue be. o. the general issue
And there should be on the part
of my cicnis-tbe peo,e-~ bo profess " take.
aud probably sret interest Ia this conlr ,er
would not seem possible try TINS ,hc mouth OF
July and Augas,, reasons IN the nrst place,
your Honor kuoss impossible TO tet jury y
An urdiusry case have TO issue me two snd three
orders for panels and, 10 the sec nd place. Ne knoS
frou that all Cases WI cs attract the
public attentvA demand large numbers oi JURORS
out Of which selections OF competent aud uDbssed
Jurors can b. mad. And not until the m,n,h ~
September viii arrive would u In danent Ms ntor-
ey Tor the people the other lido sDxious for
q tria--w hich have doubt thy are-be psstbe 10
ery IL d not tc .Ussibie " seems tc me-
under thoe To furcc he trial ou many
Jurors naturally be bassed either against tho eo
ple or for people, they all here iu tow
ready the special plea is ned ~tthin Ton DAYS
or tao weeks, then viii bring 70 trial early IN sep
tcmber, when the other cases are dmp scd Of or,
a general ,ssue, nj the same time.
Judge RusrcI--wc cDuId rot BY any possibility try
hhess this te FOR bail cases are triei durug
Tho mouths OF July and August aud see no becess,ty
Sor having th csse pressed viii have 10 g. over t,i
che eptembet term. In the meantime you see III 70
speca, pcs or 60 20 trial. you can raise the same
Nueslons then