The New York herald., 1865-06-13

Another Postponement and Some Sharp
Talking-The Case Set Down for
Thursday.
SUPERIOR C0URT-TRIAL TKRM.
Before Judge Robertson.


SUPERIOR couRT-TRIAL TKRh.
Before Judge Robertson.
JUNE l2-Psser X. Strong vs KGry 4. Ssrong.-The
trial Of this interesting postponed again odsy
in consequence OF the sickness of Of tho defendan
counsel. When tho called Mr. Cram answered,
''ready for the plaintiff"
Mr. McKeon (fer the defendant-If your Honor please
We are not ready for tho reason, Hrst that Mr. Gerry
associate counsel has been taken Ill with bilious attack,
which confines him TO his room, and he will not bs
out for two threo days I him last evening my
SELF and make an affidavit If necessary. In the
second place. commission has been issued to examine
Hon. Edwin N. Stanton Secretary OF War; and Major
General Foster That put in the hands OF the Clerk
Of this Friday and has not yet been returned,
70 my knowledge. Thirdly, on Saturday there was
motion made appeal from tho order of Justice Gar
vim in regard to the Tho Superior Court gave
opinion at general tcrn Honor presiding deciding
that OF the issues the supplemental must
be stricken out. On that decision motion was made TO
strike out similar issue presented by the plaintiff which
denied and appeal had TO the general term which
argued Saturday. No decision has as yet been
Mr. Cram-what is the motion nows
Mr. McKeon-To let the cause stand until Thursday,
until Mr.. Gerry is out.
Mr. Cram To be tried then1
Mr. McKconNo; it cannot be tried then, because tho
decision In the general term cannot be had until next
Saturday.
Judge Robertson-Is there any stay of proceedings'
uT ,
Justice that that application should DO made TO your
Honor. We ask for no stay OF proceedings.
Mr. Cram-I object 10 the going over IL has been
ready at various times before It went the February
term because Of application to put in supplemental
answer In the beginning OF the May term II went over
in consequence Of appeal from order made by Mr.
Justice McCunn, disallowng general issue On the
statement that that appeal was pending the Judge here
ordered tho bo reserved, although we offered TO
let them have the benefit OF the appeal framing the
issue they wanted H. Al the appeal was de-
cidcd an order was obtained staying proceedings for
tim In
been settled by consent in October last on these two
groundsonc, that there Was ono issue there exactly
Ike that had been dsallowed by Justice NC.
tho issues Of thor supplemental snswer-vz:
Had tho defendant committed adultery since the period
threw II over the May term It IS not necessary for
TO say whether they intended to do all these things but
they dd IT. ON the hearing OF snss mooH NJ. .nnss
pending In order that We may have the privilege OF
trying the cause this term, and not appearing TO be
amusing the public as learned brother asked me 'ne
other day whether there really such case " be
tried II was an sctcn got up TO bring the counsel
before the pubc order TO have the privilege OF try
ing this cause willing to lot them have what bcnent
they get by the appeal and strike out the general
issue whether the defendant committed adultery SINCE
her marriage Then they object another ISSUE and ask
to have settled, which is whether adultery was com
mtted in Newtown They say that is too general Al
try the cause let them change that issue, so az to
limit 10 the country house and grounds adjoining
which the counsel In aware Of say, therefore, on
neither OF grounds should the be postponed
Now In reference TO the commissions do not under.
stand my learned friend TO say they have not been re-
turned.
Mr. McKeon--I do not know whether they have or not
Mr. Cram-As to that for Mr. Stanton, offered the
learned counsel tho privilege Of writing down any snsw er
he pleascs and reading TO the jury They ask him In
the commission whether not, respectfully asked 70
give leave Of absence 70 ono, he would grant IT,
| Mr. McRoon-Your main witness, whose testimony
| you took under commission.
| Mr. Cram--To that j am willing they should write
down "yes'' or mo" The other commission have no
doubt has boon executed the ccrk OF this court went
70 Baltimore friday 20 execute IL and, " not re-
turned IL can be before the evidence Is finished 30,
submit, neither OF these reasons for postponemen
| Now Mr. Gerry had bilious attack on last Friday:
suppoes he ought 10 be well enough feel great reuc
tsnce in pressing on when learned brother s ILL.,
and vouId not do under ordinary circumstances; bu
the learned Court and the counsel know that am In
position OF great cuy for in cases OF this kind there
u one class OF witness much relied upon - Hscentdfe-
that Of domeecs living 10 the house where the oicnc'
IL committed. Here there WAS large mouse
hold and . great many servants IN They
| arc scattered and are daily scattering, an.
getting beyond my REACH and am subjected to the rsl
OF losing testimony. In April after they got us indicted
for all kinds Of Offences and said for moment that
preferred TO have the criminal prosecution prongnt
trial hrst they then pretended TO be ready eupmHtn
case on these grounds should not go over 70 tue ial
There are two cases roady before H. and ~ the Learned
counsel tMr serryl has been In the case am Wiling
| walt for few days
Judge Robertson--Tn consequence Of the sickness 0
Mr. Gerry will postpone II until Thursday morning
Mr.. Mckeon-There is another side OF the story abou
the Indictment but II Ia time 10 speak of IL now
r | Mr. Cram--I hope my learned friend will not get sc
between now and Thursday. He has shown some SYM
tona of IT, end advise him aaainss lobster. tAughies