The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1866-01-21

The Csse ~ Robert M. Msrttn--Esv td~ns:e
for the Pvsses utton CIoxed-Thc Prisosser
Csl3s No WjtDesses-suna nItnE Up OF
CoWnses--.JudEment 90 he Delivered
Next Wesk.
Yesterday the hearing of ,he case Of Ro,wrG
MAXWELL Martin, who stands charged with having been
concerned in he rebel plot burn The city Of New York.
in The month ~ November 1884 resumed before
comnissi"oer osborn Mr.. Courtney, b~hsif Of ,as
United States, conducted the prosecution Nj Isoqs
defended Martin.
Al the citing or The 'oart Mr. Courtney and said
that the letters ~hich were written by Martin to New
York, after bis 10 Toronto and sfr the fires had
been IN the hands al ID. police department. but, after
Searching ioI the they unable to be ionud by
them, aud be desired ~ view Of the Importance he ct,
tache the jctte,s after eann. their rontent
have scjonum-nt OF the TO permit fcrtber
search by the po'ioe department be made Them
But IL counsel Tor The prisoner Insisted closing The
to-day as n. nr Courtney had agreed, be shot Id
nnsh his part or ~ He would be- compelled 10 resi- The
caae Tor the Prosecution as t then stood, hoping, how
ever, that counsel Tor the prisoner would waive bis
agreement and con-an' 10 an adjournment for another
week.
Mr. Iaroqre, Tor the prisoner, insisted on going on
with The case and the prosecution closing
Mr. Courtney rcrhed tina, af'er what council tor ha
prisoner hsd sas and Tor the purpose Of carrying ont
hs agreement, bs must vest the for The prosecution
~ IL then stood.
Mr. Llroque would Ike to know under villa, section u
,he statute ihe District attorney cained the prisoner
be- liable on hs charge
Nr Courtusy stated thai ccismrd the prisoner 10 be
laplo under the charge ia. warrant, under the law of
1851 In respect 10 giving aid and comfort 10 The rebel
Ion Under thai law he c. med that the prisoner was
guly OF The on nee charged against him, Independent
OF I'll. oEcuc. Which. according he evidence of his
own counsel General Whitaker he bud committed
hr. Isroqae said ihis entire abandonment Of
fha soisi oancc changed in the warrant aud in The s-
dast On ~hb'! the ssTrans Va, issued and IL
present his WE'VE 90 the Commissioner the charge
giving a,d aIs comfort 10 the rebeilou and that
charge was nothing 10 Itself except IN lar
pesGcaiion ras'e The only attempt sp-ci.
hcat.on o, "a the warrant the obarge OF setting
Are 10 ain public rcorie Of the United States aud
Tho General charge 81 giving 'd aud CONTEXT 70 the
bellon; aud ts, without specification OF the
be held The 'esrnsd counsel tNr. Courtney
now ieii b.rk on honi9 'yden'e which
sven 10 his tHr iisroqde'sl absence He put
tie sund General Whitaker. gentleman of the
bar " kentucky, who here IN the interest Of
he prisoner, to be bis lr. Lroqne ,sscra,e in his
defence Counsel wont ry'er "a the observ on-
made BY Mr. Courtney n former OCCASION the cv-
Deuce Il General Whitaker, aud said that n Mr. Court
ny knew General wnt,srr wriI ~ be did he would
not have been earod away by 10. warmth Of his feel
inss or BY he zeal General whitaker wac perfect
gen,enAn, ard h. wa not only 40 able lawyer bit
brave soldier General whittikcr nd oos profess
h. have feen Martin serving IN tie rebel ranks
OF acting IN Tho military servic. Of The coniede
aud Il would be OF IRE slightest whore
that service pcrfpfrn-d 70 was performed
IN Ss city, district Of STATE Of Now Ycr and he charge
Under Investigation hero sas enc In which ihe venue
should be laid arnttcf diefrct IL OF the
recous Of tho cAr that he yifopcr ordered from
Kentucky by military rsmn ssson fot ONE offence
committed here. And he fNf lareQdel Submitted 70 tbs
tofnmlso that nc nti Jursd con 10 investigate
charge against this iogrced on sefvire
dcTed bs himsf soldier officer serving m hostile
during the Re coricnded that the prisoners
coming 20 New York under sgfnet name not
proof az sut an many oth--s bad done he same and
hs being found n Toronto altar th- IRE reconCiL
able with perfect innocence 11e prircner VA native
Of Kentucky and they hal nothing 10 do with wha, his
sympsihcs were during the rcbelion. Mr. Iaroune gu
the whole case, s'omIts that The prisoner -se entitled
~ his discharge
W Courtney IN reply argued that there suncent
evidence 20 justify his Honor IN holding the prisoner Ter
trial 1hc charge erainft bin Sof knowingly and
wiiiufy giving Ad and comfort 10 the rebellion and Tor
attempt ny " set Ere records c the United
states Wac there surcien, proof before the Court TO
inform in Conscience vbethsr the ~ ought ~ be
whether this yrecisc offence b. made Ont, but whether
there sufficient prnof ~ r,t him trial before
grand Jury He fNr. Courneyl submitted there
nd not only that boa svd-poa to esnvic him before
petty Jury he would not oocupy much &C ne Donors
time IN calling attention 90 the ryidence. Amer the
testimony Of General Nnittakes q VS. user 20 ds,nss
~, question whether the prson-i dhesn the military
SER tc OF the called Confederate government Fnm
;lt, evidence " would seem that the prisoner was
oldsrn The Confederate service giving aid and comfort
10 the reb lion sgnirst the Tinted states That fact
aloe leaving ont ell tie other elements N he case, VAS
sune'ent TO bold him tor preacDsfnent before srand
lny snd 20 warrant his conviction before petty Jury.
usiof. hrm that the prisoner being On ceer o. the
se-.sss 'onledefste government, did come 70 New
foak uanns The rebellion ror what purposef what
n,oush' MN heref How did be GOMEZ He came with
.''. o, INTRODUCTION from notorious rsbeis who left
|. N '@ We uwf ssrhsps for The efy's scy~,