The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-11-12
BROOKL YIN CITY.
THE COURTS.
UNITED STATES CIRCUIT ruusr-tls1ssS DISTRICT.

The Alleged CalIicett Whissey Frauds-TLc
Trial Postponed Through the Absence Of
Important Witness.
Before Judges Nelson and Benedict
The Unsed States Thomas C. CaRlooa and OAeys-
The hearing Of this case which nIsd for yesterday
morning, attracted larger number Of spectators than
any previous tried the United states Court room
Of the Eastern District was made distinct ana
separate court from the Western District The trial
ass aorn Tor twelve o'clock Judge Nelson having de-
clarsd MS intention 10 preside during Its continuance
There was considerable delay experienced in opening
the couri from long after the hour named, in tho
the case looked as II postponement must have been
decided on. IL was generally rumored that The gov
eminent, from fresh complications and whi-key fraud
revelations not prepared TO 20 on but required
further time for new Developments, which are conil-
uay springing up In The district
At twenty minutes 10 one O'Clock Judges Nelson and
Benedict took their seats the bench when The courl
Was opened in the usua form, and the jury panel hav
Judge Nelson called on the OF the United states
against Thomas O. Callicott ana Others
Mr. Edwin N. Stoughton then addressed the Court
In this the defendants i've IN number indicted
for conspiracy to defraud the United States
The was very anxious proceed with tho
trial Of The parties but from the absence OF ndsper
sable witness IL was impossible 10 proceed this morning.
The witness they intended to examine first IN the case
rage and severely injured, incapacitatng m from
leaving his house The prosecuting officer had had
conference with the counsel for the defence rs 10 exam
lining the witness, Mr. Fletcher. II his own home but
II appears that OF the defendants declines 70 assem-
70 tn mere wa9 no question az 70 the importance OF
the testimony Of the absent witness, and without IL 10
regretted on account OF the expense incurred in
pairing the case for trial this term that they could mol
proceed with il.
Williams, OF the counsel for the defendant CALI
cott said that his client exceedingly dssrous have
the trial called on and proceeded with NJ the earliest
moment The charge against him was OF nature
which caused his suspension from office dur ng the pen
dency OF the trial. Congress meets the 2lst INST.
and in q few days may take action 10 the appoint
msnt OF new collector for the Third district The de-
PENDANT Caicott therefore xious his
disposed OF before the meeting OF Congress possible
Counsel and his client 10 this end, will ng have
the absent witness examined his house, II that
was the only obstacle 10 proceeding Counsel
the made application the Court separate
trial granted in the OF the defendant Cacot
evng that when 1t should be heard and disposed or
the government would abandon the prosecution in the
case Of the other defendants
Judge Nelson denied the application for separate
trial. the parties being charged with conspiracy to de
fraud the United States and being jointly indicted
be Jointly tried. As TO the question Of king
the testimony at his own house Of absent witness.
physically unable 10 appear in court, that mater
In the discretion OF either sde but obee
tion Of any OF the defendants =
Sufficient 10 prevent Its adoption The postponemsn OF
the asked for by tho prosecution could be great
hardship TO the defendants seeing that The Indictment
was drawn up about month ago only. Under all Tho
circumstances OF the he would order the postpone
ment Of the case Till the next term.