The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1865-12-10

Oonelusson Of the Eva nsination Before
Justice Bowling. n

Isl .FAA s
Oonslussen OF tho Exa nsinatien Before
Justice Bowling. A
The case Of The people against William Chase Barney
Benthian Fabian and Captain Reginald Chauncey, ON The
complaint Of Nelson wheeler alleged attempt u
defaud the internal by fraudulently attempting
70 clear three hundred barrels Of alcohol from the Gus
tom House, by which the government would have lost
The dues thereon, amounting 70 $4,000. brought
before Justice Bowling Tombs yesterday morning
Mr. sedgwick appeared for the prosecution and Aess
Edwin James. Robert D. Holmes and Thomas 7. Brady
for the defence Of their respective clients.
Mr. Edwin james said-On behalf Of my client have "a
state that bills have been found by tho Grand Jury
OF tho United States Court against him in three
seperate Indictments The United States Marshal ID
present under warram 70 arrest the prisoners Re-
speeding the matter Of jurisdiction wish your Honor to
pronounce judgement upon the matter II these gentle
TO be transferred and II these nformaons are
be withdrawn would ask II would be Just II the
bail under which they are at present held DO allowed 70
be enforced have 70 ask my learned friend TO with
the infomatons which before your Honor the
substance OF which have never yet been able 70 acer
The actual indictments have not seen, but they
arise out of the same transactions which have been
under investigation and wish to ask what course the
counsel for the prosecution wish to take regard 70
these charges No be brought before two courts
for the offence.
would be taken by the District Attorney in the CASE but
himself woud express that the United States be per-
mtted TO take the in custody and not proceed In
this court.
Mr. Holmes motioncd that the charge be dismissed
Justice Bowling said, upon the motion TO dismiss the
nncnsor that have nrisdicton TO arrest and examine
the prisoners for the offence charged but az they const
violations Of United states laws II Is best that the
proceedings be concluded before the United States OFF,
Gals shall therefore simply hold the prisoners Tor
the puSpose Of permitting the United States Court TO pro-
coed In the matter
Mr. James said he was quite satisfied with the judy
OF the learned Justice TO transfer the case to the
United States Court.
Mr. Holmes said he had a suggestion to mako with
regard matter Of Jurisdiction Inasmuch as the
bond IN which tho prisoners are held Is TOT 80 wy,
Judge gave him the right to dismiss the complaint and
he requested that the bail be cancelled.
Justice Downing said he did not see any objections to
Mr. Holmes said his client Mr.. Barney had given bail
yesterday three indictments for - 600 each in which
he is holden by the United States authorities 10 answer
the indictments which have been found against him,
and thought it right that the bail should be dismissed
Justice Bowling said he should not dismiss the compliant
Mr.. Sedgwick said he objected 10 the bail being ds-
missed.
Mr. James said--In reference TO my client. 1t might
be true that three indictments may have been found by
the Grand Jury for the offence as he now stands
charged and he no less liable to be tried Tor this same
offence.
concerned the counsel feel apprehension on these
charges.
Justice Bowling gentlemen mhy rest assured
Mr. Holmes said-Your Honor has misunderstood me.
propose endorse upon this complaint the dismissal OF
the caso writing that the jurisdiction s given to
the United States Court The bond is in existence,
and shall go to the Court OF Common Pleas to get 1t
cancelled.
Mr. James said the better way would be for the prose
cution to withdraw the chargee the case had been
transferred the United States Court and he thought
IL would only be justice 20 withdraw them
Mr. Sedgwick said he had no power 10 do 70.
Justice Dowhng-The only way TO dismiss the COM
plant is to believe In their innocence.
Mr. Holmes-Will your Honor endorse upon the
complaint that this complaint is permitted TO be with
drawn, the United States having taken the rcsponsi
buityS
Justice Bowling said he would consider aud render his
decision Ia few days
Mr. James asked permission TO get some OF his clients
private papers, which the possession OF Cap
tain Jourdan Which was granted.