The New York herald., 1866-06-16

founded, that witnesses who have gwen testimony 10
ia have beea chased through the Streets In view
OF the report which appears 20 be well founded that
when the learned counsel arose on Monday 10 his place
ami publicly proc tie residence snd the occupation
OF the witness who made tho affidavit upon which the
defendant arrested in view OF the report that
large portion Of the crowd assembled here did medi
aey on The dispersal this court on that day relire
from the court room and proceed In body to bis
residence his supposed residence; In view OF these
facts, and especially In view OF the tact that Ia
deemed unsafe 10 the life and property Of witnesses
who may desire to give Information in this
TO appear here, ! have the conclusion
andes these circumstances, to withdraw tins prose
cu'ion, at this ime against Mr.. Roberts. Sup
pressed applause) And IN taking this action, may Il
please the Cour', desire II TO be fully understood-as
repr sentng this government on this occason--that
proceedings viii be taken in such manner and bfore
such tribunal that whore least will pre-
vent witnesses from giving their testimony In OF
this KIND. !. Is notorious conceded and an ad-
have been openly publicly violated by this defendant
and ms confltres and coadjnors There Is no dispute
upon that point There be Aud IL is the duty,
ss " the nienon OF this government 20 see that
her national obi cations shall be maintained and that
thar laws Of neutrality shall violated II that
tax ng the course hase Indicated wan, fully under
stood that these Violations OF This government
sha be punished and that every effort shall DO male to
see that tn national obligations fulfilled and that
the Violations OF this Law shall DO punished upon
party who has violated il, matter how high his
rank how low his station therefore, if your Honor
please, In view OF the statements have made and In
view OF the peculiar circumstances surrounding this case,
Withdraw the present prosecution sganst tho defendant
In this case.
OBSERVATIONS ny Mr.. NIXON.
The Commissioner was about TO pronounce judgment.
the case have word say in reply to what has
been stated by the learned counsel With part OF
bis s?eech haze ANYTHING TO do except that in which
he said threats had been used against Witnesses know
nothing Of IL and think may safely say tho part
OF my q ent that he knows nothing OF t. Witnesses
testified as far as they could: they met with trouble
or diicuity, aud that Is the best answer give
that statement With regard to advertising Wshart.
the nformer, will give my motives for doing so. I
have known cnOuch OF the history u father'9
country IN all movements OF this Kind 10 chow that
every man is subject to be assaulted In judicial rbu
nal by normers II the history OF Ireland be examined
yoa Will see there the most terrible accounts Of the
effects Of paid niormers ] was anxious TO know who
what no sad Of himself his business and bis
residence, not TO intimidate him, but 70 draw
attent en- 70 his name and get his story. I
know what that mans story is, and prepared for IT,
IL was TO get such information that named him, and
not 70 intimdae him. The Dstr CT Attorney knows that
pledged him my personal honor that would protect
Wishart II he came here and he makes some sug-
gest on about sending tho case 10 tho Grand Jury
trust he will do thing. know that man Of
Mr. Roberts character has right TO public exarnina-
ton before anything s done to decide his personal bcr
ty aud trust no secret proceedings Will be taken before
the Grand Jury The pubic mind OF this country would
not fuler It, And ! may here ask wny this man
(Wishart not ready for the examination mad before
the Commissioner have control the District
Attorney, mono over the Grand Jury. Mr. Roberts IA
ready TO any complaint made against him. In
this case an attempt has been made TO connect him with
violation OF the neutrality laws; but not particle Of
evidence has been given TO support that charge.
REPLY OF ME-. COURTNEY.
Mr. Courtney-I receive what my learned friend gays
with regard his motives In the spirit in which lie
sp axis Of nine But the learned counsel has not denied
the truth Of any statement have made He has not
dcn,cd TO your Honor tho fact that there has been
intimidation that III rc have been threats the fact
thai II this party could have boen la attendance there
would not have been personal violence committed
uIon him Tho learned counsel says II his desire TO
have this witness present We desired HIM, too. But he
has not yet saiiscd my mind nor thns the ,n!nd q
any intelligent, impartial man, that in making the state
mcnt he did he hal not some uitcrior purpose would
ike him to tell the Court and tell what his object
In the prcsencs Of excited crowd in the presence Of
nfaned pubic sentiment TO get up here and proclaim
bliy tnat Wslart was an informer, where his resi-
dece was and what was his occupation. ! would like
be all very proper; II may have bcen done with the most
judciors and bc. motive tn the world bit does seem
tc fre when the crowd dispersed. whom tho
cited audience left the room, that great portion OF
thcm ss am informed and believe, started tour Of
discovery TO the residence of this witness who
proclaimed and published, counsel states at the time
say there only inference 10 be drawn from that
fact do not charge he learned counsel with exciting
10 public violence on that occasion do say he
would have excited violence against the witness IL hc
could have bren found but say the fact that such
thing did take place s strange sequel to thu remarks
he made on That occasion. Now, am Inclined TO be-
eve that my learned friend ~ he says would do ali no
could 20 prevent any such violence TO protect The WI
II he the stand. But am TO be toId after
what took place in the presence OF this court when
witness who gave testimony that was disisstefu 10
large portion of those then In attendance was booted
and hisscd and when all that said favorable 10 the
defendant received nth APPRECIATION and murmurs
OF applause, thAt tne learned counsel,
soa influence could protect attempt TO protect the
tns who would have been obi ged 10 give such test
mony as would be against tho deendantr say tho de-
fendant In entitled 90 a pubic examination. We con-
CO led that his undoubted right 20 give HIM that
public examination; bat, as ! said before, we have
been ,hwared by the cour-c Of procccding that
has bcen adopicd with all due respect 10
your Honor 1 say that tho procecdngs In
surng the Court. attempting TO throw any
upon ithaye u certain extent been judicial farce,
rnd that has been brought sbout BY The witnesses who
back the very first question prUpoundcd IN thrm on
their prvilege and refusing 10 answer qesons ON the
We here tho rst day, when your Honor was In
cned 10 compel witness 10 answer question, thai he,
rather than answer H. preferred 10 become martyr and
60 jail before he wond tell what no knew What was
asked In Judgment and your Honors alsc had no
rclcs ancy nj all TO the question OF crimnaag him, aud
after making that remark the witness answered before
the close VI the testimony propose 10 take In this
matter such In my Judgment, seems best.
From what has occurred we see IL IL impossible ON the
part o the government before this rtlna 70 obtain tho
necessary evidence to hold tho defendant do not pro-
pose ~ the rcpr sentative Of the government on ,hi:
.casion 10 omit any action In my power which viii
bring about due and proper n,'nns'rnon OF the law
in this and all similar The Law has been openly
and pabicy violated. Tho national obllgstioGs OF our
government mos, be maintained and fulfilled, and tho
voators OF the law sooner or later VIII give them 70
understand be brought 10 that Justice which tho statute
to hen and which the obi cations of our gov
crnment demand should be faithfully aud nrmIy main
tained
DISCHARGE oY coLoSEL RoBrnrs.
Commissioner Bciis-Tho defendant Is discharged.
(Cheens
SCENE AFTER rng ADJorRSsgSr.
when tho Commissioner declared Mr. Roberts dis-
charged many % the spectators jumped over the iron
railing that divided them from the officers OF the cpnr
and gathered around 10 congratulate him and express
their Joy, very large number congrcga'ng IN the halls
and on the strways 10 greet him ns he paced ont As
he appeared in the door opening at ~ trout u tho bald
ing the crowd outside enthusiastically cheercd and sp
pauded him. aud followed ciosely and eagerly upon
him, shouting and nngpg their CAPS Ia tho ar that TO
Crafty their 0siiy Mr. Roberts siopod on the corner
OF Centre aud Chambers streets and spoke few words
To the elect that hs sood Fsn.an ever, and
the must succeed, al tho same time alssing
the crowd 70 disrnrsc On Chatham street, the crywd
stl pross ng around him. he Jumped into BoweTy stage
ard amid the widest 6cm0nslraons OF eyuitniion from
the assembled concourse was carried away from the
shouts and acclanallous of An admn1g crowd
VISIT COLONEL roHyNT- To WARRINGTON.
NJ Roberts lett yesterday for Washington In order 10
hnvc understanding wi'h officials In high places
their promises their late action In the
premises When be rclsrns be says ho vii give 70 the
public virtually his motives for the recent action which
he taken IN view of the sung neutrality lava
GENEROUS COUNSEL.
Int NJ. E~.lmx Crrwt tsva