The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1866-01-23
THE CUSTOM HOUSE BOND FoRaERIEs.
Responsibility OF the District Attorney
and Outside Government Counsel.
UNITED STATES CIRCUIT COURT.
Before Judge Shnman and Jury

UNITED STATES CIRCUIT COURT.
Before Judge Shpman and a Jury
JAN. 22.-The United States u.s. William Rone-The
prisoner charged with uttering forged vouchers
against the United States He withdrew his plea of not
guilty and pleaded guilty. He remanded for SEN
tence.
Mr. Courtney then moved the trial of William Chase
Barney Reginald Chancey and Benthan J. Fabian three
indicmen) for uttering false and forged bonds with
intent TO obtain from the custody of the government
some three hundred barrels of alcohol
MIR. X. %. Holmes of the counsel for the defend
ant Barney, asked a postponementof the for
week account OF the absence from the city OF James
I. Brady, his associate counsel
Edwin James aud Mr. Dunphy, Of counsel for defend
ants Fabian and Chancey, also requested an adjourn
ment; especially If the defendants were to be tried
SS s 5!e 'A'y ~0a Ike the experience OF Mr. Brady in
Mr. Courtney replied that these were cases involving
grave and serious questions; that early the month at
the particular request Of the counsel for the defendants
indictments were set down for trial r,,
,as government had got ready 10 Try Men snd had
subpmnaed witnesses from abroad who were now here
in obedience to such subpenas-hat he always desired
to accommodate counsel and did not wish 10 press on
sse az s c cn Of s Mr. they were
defendants would be ready 10 try He said he left the
question Of postponing entirely with the Court.
me ai was postponed until Tuesday, the 3oth Of JAN
After the Court had disposed OF the criminal calendar
Nit Camphel moved The court to set down suit brought
against Collector Draper for recovery of duties alleged
have been Illegally exacted and stated that tho special
counsel retained by the Treasury Department had in
formed HIM that he ready try the cause on any
day that would suit the convenlc9ce OF the Court.
Judge Shpman I'M orned counsel that In cases IN which
the government interested he could only recognize
the District Attorney that he the only person whom
he would consider responsibe that he was forced TO
this determination in consequence OF confusion created
last winter by agreements made by outside government
counsel without the knowledge OF the District Attorney
Mr. Courtney, Assistant United States Attorney there
upon stated that since the induction OF Governor Dckn.
son into the Office of District Attorney extra counsel
had been retained by the government his request
none would De- except in where the District Attor
ney or his assistants could not attend That while be
appeared as attorney OF record IN the mentioned by
Mr. Campbell, he knew nothing whatever about it, other
counsel having been retained without his knowledge:
and therefore while he had doubt that day could be
fixed for the trial which would be agreeable 10 counsel
he wished the Court TO understand that the District Aor
ncy wns not responsible that II entirely agreeable
TO the District Attorney that the government should re-
tain counsel in such seemed proper but
would avoid confusion IL the Office was officially advised
that the labor and responsibility in such cases had
devolvcd on others.
Judge Shipman reiterated what he had already said
that he could only recognize the District Attorney in
government cases and whatever arrangements were 10
be made must meet his he District Attorney 81 approval
and have his consent.