The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1864-12-07
Unitsd States District Court.


The December term of the United States
District court commenced its session in this
city yesterday, Judge Ware presiding. The
grand jurors appeared and answered to their
names as follows:
Thomas Conner, Foreman, Isaac Otis,
Portland; VIM. Porter, james Mann, Free
port; Reuben /. Rand, Edsel B. Weber, Lis
bon; George L. Cleaves, John F. Potter,
Bridgton; Henry A. Symonds, Solomon A.
Plummer, New Gloucester; Jonah robes,
Hiram Hines, Buck6eld; Samuel Farrar, Ja-
cob Bradbury, Norway; Daniel Quint, Geo
Buffum. North Berwick; Thomas Hurd, Dam
lei Hutchings, Kittery.
The petit jury was empanneled as follows:
Nathan Morrill,, Foreman, Samuel b. Tho
mes, Ruckheld; Isaac Emery, Portland; Ja-
cob Rogers, Gushing Mitchell, Freeport; Eze-
kiel NORWOOD, Joseph L. RICHARDSON, New
Gloucester; james Il. Merrill, osgood Perry,
Norway; Timothy B. Huzzey, Ezra Billings,
North Berwick, Thaddeus traitor, Kittery.
In the case Of United States, by indictment,
William II. Simpson, proprietor of the Bel
fast Journal, the motion made by defend
ants counsel to quash the indictment, was
overruled by Judge Ware. After the an.
nouncement of this order, Mr.. Talbot, U. s..
District attorney rose and said: baa
"Sinee the finding Of this Indictment the
situation OF both parties has materially chang
ed. The government, strengthened by mill
tary successes, and emphatically approved In
its policy by the people, has passed through
the crisis, in which such publications as that
presented by the grand jury were as Danger
Gus as they were unpatriotc.
The accused. retiring from controversy
which has been decided adversely TO his coun-
sells, has deprived himself of the opportunity
to repeat his alleged offence.
Believing that 1t is not In accordance with
the liberal policy that actuates the government.
to press further this accusation against man,
who may have been betrayed by partizan feel
ings into disloyal practices, shall enter with
the leave OF the Court aRolte proseQui to this
Indictment. s ~ ~
Mr.. McCrillis, counsel for Mr.. Simpson re-
marked, that: az 5WF8
The attorney for the United States must
take whatever course he pleased with refer
ence to the disposition of the Indictment. He
was glad he had concluded to abandon it, but
regretted that he accompanied the act with
the ungracious remarks that had fallen from,
him. He and his client asked no favors. He
presumed th5 attorney had hastily come to
conclusions, when the accusation was first
made, that he had upon reflection abandoned.
He regretted that the learned Judge had mis-
apprehended the grounds upon which he had
based his motion. He took the position at
Bath and cited authorities to support it, that
there could be no crime charged without spe-
cifying the act. There was nothing in the in
dictmenf, and the government could never OBJ
tainsa conviction" uaf
MI. Talbot rejoined, che was sorry the man
ner In which he disposed of the case was not
wholly satisfactory to the learned gentleman.
He acted ingood faith influenced by what he
conceived to be the present situation of the
country and the liberal views OF the govern
ment A law officer of the government had
promulgated an opinion sustaining his view
of the law. 1t was a mere speculation as to
how this case might be decided. The jury
would be the judges Of the law and the facts.
He had supposed they might divide in ac-
cordance with their previous political opin-s
ions. and that had Influenced him not to press
further the prosecution. The only jury that
had heard the indictment and arguments of
counsel, be had been assured, had been infu-
enced by them favorably to a conviction.