The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-09-24

Justice would bs there any term this fall He might be
my TIVE 10 q
under this state Of things Mr. calcott sees but one
reason for .pprshenson 70 himself and that delay On
Cacos 10 enter the trial OF the case whether by the
petit Jury any other form OF trial But from the 70.
mark made by the Assistant District Attorney, am led
to apprehsnd more strongly than before feared that
there will Dc on the part Of tho govern
meat Now sir II that b the intention Of the govern
ment the officers should say to him frankly that
that is their intention Because Is their intention
to postpone il is clear that II Is IN Mr. cacots interest,"
other hand trial will be speedily had BY waving ex
animation. he desired to waive II It could not %
tried At the October term, may ask when could "
The Commissioner stated that there wore monthly
terms Of the Circuit Court at which the trials mgnt DO
Mt Williams inquired as to whether or not It would
practicable 70 bring the case before petit Jury In
Assistant District Attorney Allen replied that II might
be possible 70 try u before the November term His
desire TO push the case forward.
Mr. williams understood then that there was to be no
delay on the part Of tho government If possible the
would be tried a. the November term
Mr.. Allen--lf We are able.
Mr.. Williams remarked hat this case had created
enough public excitement 10 justify him requiring it.
He assumed that IL would not be within wisdom OF
the prosecuting officer 70 defer the trial to any other on
sent from his remarks he SO understood it; this case
not 10 be deferred to any other ease.
MT keasby said that N order to guard against pledges
consider to be passed the presence OF his Honor he
would state that he did not desire be bound by
pledges Of that kind merely (he added The in
teniioDs and desire o. the government in this The
counsel asks S wS will pledge ourselves to Try y
| examination. l dc not desire to furnish him with
any excuse for waving an examination i have no
desire he shall waive an examination. 90 not wish TO
make Pledge in order to obtain his assent TO waive an
| examination. am ready for an examination, and
anxioue to have i-that he should have exani-
nation however soon q trial may be reached With
regard 10 the question whether the government intends
to delay the case have tho least intention to do
So This will pressed and reached soon as II
can BE- consistently with the other business or the gov
eminent before the courts No delay will DC nterposed
on the part OF the government to early trial Of the
case 1t is undoubtedly Just to Mr. Csco for the trial
TO take place az the earliest possible moment hope
no other case will DO allowed to interfere for can hardly
think that there be any other important
to the government or to the defendant himself than this
Mr. Williams SAID that it must be obvious that any OK
animation before the Commissioner tended 10 delay the
| trial. He was DESTROYS to remove every mpedimen,
out OF the way of the government and bring the
aspeedy trial. and the purpose of letting the gov
eminent understand that and aid thorn n bringing the
iua:ion on the part Of s caost
hir: keasby.-Yon Honor viii perceive that the
waving the examination on tho part Of MT Caiootl
| gentlemen. l should also like to make this re-
| mark the counsel seems to take this course iu
order to accommodate aud facilitate the government
| There is necessity tba. ne should " go
not concerned in any Of the other lcfore The
cumstances requested 10 take charge of this particular
case, and do not how tho examination ihe
here will delay the trial. II seems to that 1t woult
way interfere with the trial OF the in october
My position is such that would not interfere 18th the
District Attorney in the preparation OF the other
| the preparation or the trial OF this case.
Mr.. jerks said that Mr. Hardy anxious Il trial
as speedily as possible but they were unable to see
whether it was best 10 have his examination or not
Mr. jerks had consulted with the District Attorn ey aud
he was willing to have it adjourned until We'd ,esday
Counsel desired TO consult with his Glen. ,ard
whether not there should be examination I'm the
| meantime.
Messrs Williams Gill Erhard stat ID that th ey de-
sired to take similar behalf OF their re-
specive clients, and the Commissioner tlereup IN adj
journeG all tho until Wednesday, at ten O'Clock
A. H. The entire matter therefore remansirl sats qua