The New York herald., 1866-03-17
SPICY DEBATE IN COURT.
DC. &c. 10.
United states oomuaissioner's Court

ment, Mr. william Richards, and Mr.. Hamilton Harris,
specisl counsel Of the department-Mr g. G. Courtney
representing the government
MOTION FOR ADJOURNMENT.
Mr. Dittenhoefer moved the adjournment Of the case
BE in behalf of the clients he represented some five
or six Of the defendants in the suit he moved that the
case 20 of TO any day convenient TO the government
he would say Monday next but he would leave that
tirey to the For himself he not ready
try the to-day He had been very busy for the
last three four days-since indeed, this prosecution
had been the In all their
length and breadth looking into the law bearing them
and ascertainng what they amounted to. he had not
the further that he had not time to consult with
his clients he was not ready to proceed. ,,
Mr. $ G. Courtney. for the government would ask, as
preliminary to further proceedings at present. whether
Simon Donau was in court .r.
Mr. Dittenhoefer-He not here, but he can be here
Mr. Courtney-wclI then propose that he be brought
here This case cannot go on without the presence OF the
defendant. The charge is felony.
Mr. Dtenhoefer understood, tor the purpose OF NOV
ing adjournment the previous OCCASION that II was
not necessary that the defendant present He
would like TO know why il was necessary now.
Mr. Courtney said as he understood the law the case
could not be proceeded with until the defendant was
present ,m
MIR. G. R. Peton, associate counsel for the defence
The cannot 60 on; but cannot adjournment be
whom he more especially represented he had come into
court 10 move for an adjournment As he was not ready
Mr. Courtney-It seems counsel are not ready TO do
anvthinS We caunot take The Grst stem.
Mr. Dittenhoefer-The gentleman is mstaken we arc
Ts the urev,ous dav n VIVA not
necessary that the defendant should be present. but IL
into Court now before we can 20 further "
Mr. Pelton-YOur Honor, have another reason FOR
humanity % Of the District Attorney. I am now every
moment in expeotatien or receviSg telegram Of The
j, wond he utterly mpossibe FOR mo 70 represeut the
io,ercsi Of nv Clients TODAY -
THE C,ommissoncr- Won appear for DonauY
n, pesnr~T annoar srscs,Iy for NJ nesrv and aoms
oe tho other defeants in the case hut am aso asso
c,,ar v,,h AZ nttenhoefer in tha gsnaraI defence or
.h .,,as cha..oS A. said hosora donestic sI,c
to- na rowanod me s,terd,ng N tha cssa corenIting
with nv clients or being prepared in the sightest de-
rrsa ,s., a. .y ,naas v"S sh,s a nxa amns.,nn Wv
Az Diter,,oaf af,r-Yo,,r Uonoy Mr. peton and uovseif
M ssen ~ na ssncs ~ hcsa ssysra csnss
and y.hHe do not shrink from the examination can
not consent TO 90 on with in the absence Of nv asso
cate Cat T, IN the dsfe5ce' - "
me- sr we ~ NO, Al shr,nS Sos
Tho as not M ait hut under the and for
the reasons submitted we ask for bret adjournmenI
Mr. PeIton@Mr Deary ia a present A''''
Mr. Courtuey-This Is tho first time heard that Mr.
Peton was engaged In these cases This is the irst
intimaton had that he had ANYTHING 10 do with them
There is no gentleman practising in these courts more
anxious TO accommodate counsel than am but your
Honor will remember that " hen these warrants were
returnablo proposed to 20 on with the examination on
ton was set down for today at the of
Mr Dtcnhocfer who said he would bc prepared TO go
and not the one whose case was selected FOR ar
ANIMATION object 10 this seeming disregard Of the
process Of this Court and the evident unwlIingness
manifested 70 obey IL and I propose az Far "a IN
me lies 70 have proper respect paid TO the process
OF your Honor's court II was the duty
20 dsy: ony one of them however. presents himself
but Counsel in their stead come here and ask for an adj
ether in the Examination of wtpesses or bv wav az
granting an adournmont until tho Defendants are here
ar mi % ape n s 40
NAV be taken under the cc,msances Is null and void
amounts TO nothing, and can De set aside
The Commissioner ruled that the District Attorney
according 10 the strict rule Of law was correct though
generally whore Defendants have given bail motions Tor
adjournment before the case has boon entered
upon have been granted in the absence OF fhe dc.
fcndanta
,ber aitcndsuce ,h,s morning WAS no, neesss.rv and
therefore, no dursspect was Intended bf s,y one on
them II they had supposed lley would be required
they would have been for they were An xious 70
meet face TO face those mon who hsi charged eu with
the crime OF bribery
hero -
Mr. Distenhoefcr-rhe objection taken 10 the motion s
mere tcchu cal one and n IL tho rst time aver heard
pubic insst,na on the presence OF defend
ants ON A marc snpIe motion of adournment ON sucb
saoc % srouass as S - nes are rne
presence of counsel n suicient for an adournmept ex
cept examination into the at Issue has been
Mr. Courtpev-I WAS about 10 ,sk your Honor vben
Interrupted upon what conditions were the bail bonds
given in this case,
Ihe Comm missioner--ro answer any Indictment that
might be found against them by the next Grand Jury
Mr Courtncv~And in the interim thew desired thai
this examination should take place ny learned friend
will remember when yesterday afternoon he suggested
his anxiety TO have the examination ADJOURNED I or
prcssy told him that under circumstances or state
Of ansin would l consent 70 any such sdjournmcnt
shas WAS Ss duty 70 advise hs client. 70 BE- here thu
mornius take no objection on tho ground Of techal
csnsy: Akou on tnc grouna tnat tne parucs Know