The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-12-30
NEW YORK CITY.
THE COURTs.
UNITED STATES DISTRICT COURT.


UNITED STATES DISTRICT COURT.
The Great BIaisdeIl DistilIery Case-Motion
for Posfponcment-Liveiy Discussion Be
svxen CounscI-The Trial Fixed for This
Morning.
Before Judge Blatchford.
The United States as Airah Biassdeu and J. ,.
Ecke,-Ths case, according 10 previous order OF the
Court was called on yesterday great deal OF
public interest attaches to the trial. nasmuch as the
distery owned by the defendants, located in Forty
nth street, one OF the first OF large capacity
and great working power that was seized by Col
Iector Bailey and was in fact the forerunner OF the
series OF raids made most OF the disteries about
q year ago. The distillery commenced running In
July, 1867 and from that time was run continuously
Til the seizure on the I'd November following. On
the latter date Collector Bailey, from Information
reported to him by his officers made sudden
descent upon the premises, when enough was re-
vealed to warrant their immediate seizure. Sub
sequently Collector Baiey turned over the dstllery
and its contents to the law officers Of the govern
ment in this district that an action In rem might
he instituted the ground Of frauds in the entries
on the iii sters' book. This resulted in the forei-
OF all the property seized the United States.
The defendants and Others connected with them
were subsequently presented to the Grand Jury,
true bills Of Indictment against them for al
legged frauds upon the Internal Revenue. 1t is
upon ILLS Charge anu luulcInenL Tic paTlleS
are now being proceeded against. The Court
room was crowded IN every part at the opening OF
the court az II was known that an eiiort would be
and that Mr.. Courtney, District Attorney would re-
slst TO the utmost any posponement, and consdera-
BILE curiosity was felt as to the result Of the legal
test that must ensue. Mr.. Fullerton and Mr.. Beebe
appeared for the defendants Mr.. Courtney on the
part 0i the government Collector Bailey, by whom
the dsiilery seized and which led to the present
prosecution, was in court, attentivey watching the
case.
MOTION TO PosTpoNE-LIvELY DISCUSSION BETWEEN
COUNSEL.
Mr.. Beebe, addressing the Court, said:-Your
Honor move an adjournment in this case on the
ground Of the absence Of material witnesses, whom
we could not have here under the circumstances.
The indictment against these parties only found
during the present term Of the court. It was filed
we have had any knowledge OF it Cro Mr. Court
ney)Mr. District Attorney. have you got the indct
mentf
Mr.. Courmey-Yes. It is not true that the indict
ment was found at this term. IL is an old indict-
ment, virtually; with some additional counts.
Mr.. Beebe-The Indictment was found on the
3Oh November.
Mr.. Conrtney-n counsel has motion TO make
MIR. BeeDe-I have and that is what was about
TO do. have motion TO make for the postpone
Mr.. Courtney-I object to any postponcment Of the
case. You have had the proper notice that the case
would be proceeded with to-day
Mr. Beebe-I have been sick and absent from
business for some time. beg, your Honor 10 press
adavit Of one OF the defendants to the elect that
TWO most important witnesses Of the defence are
trial. MAKE the application in good faith and not
for the purpose Of any delay Now on this affidavit,
are other facts in the case which am not at liberty
10 state IN open court, Which would show that il Is
impossible st tn That can with safety TO my client pro-
IL Tor postponement OF the case for the present
Judge Batchford tempnatcaly,-No, shall not
postpone the trial on this AFFIDAVIT.
Mr.. Courtney-I move the empaneng Of the jury.
Mr. Beebe-I trust your Honor VIII not do that
TO-DAY.
Judge Blatchiord--Clerk, empanel the jury.
Mr.. Beebe-Well, your Honor, We cannot have a
fair trial in the absence Of these witnesses, do
not believe that your Honor desires to DO an injus
tice this NATTER but that your wish is that justice
should be done at all hazards Here Is an affidavit
setting forth the fact that these witnesses TO whom
under these circumstances do not think the Court
VIII make Itself party to the commission Of an IN
justice against these defendants. This the first
pllcation In the case on our part and after expe
rence OF thirty-four years as counsel with consdera
BILE knowledge in criminal cases. this L. the first time
that have known an application OF this kind TO be
fused by the Court. he thought the Court would
not act In any hasty manner In putting the defend
ants on their trial without their material witness.
II that was done 1t would be. hardship on the de-
PENDANTS. He would be sorry that any one who had
q good defence should be assumed to be guilty until
guilt was proved. In this case there had been
civil action trial. and many OF the points involved in
that civil case was thoroughly siited. ana his Honor
TO the conclusion that these parties were not
ms SICK bed to come here; he had had int intense
ague In his face, aud If the case had to 30 TO trial
Tor he was unable mentally and bodily to devote
himself tn II now He had no objection to state in
court desired it, he did not like to state openly what
the parties would prove until they came on the
stand. he , Deieved Inat un9sIinaDle means nad
against the defendants; but he apprehended that
has Ionor's sense Of Justice would not per-
time or his absence from the city he at
tended day by day In court for the trial with the
witnesses they had. There were certain papers they
wanted, and without them they could not go 10
trial. lie therefore contended that there should be
an adjournment to the next term; II not TO that
term, least for sufficient time TO enable him to
procure important documents from Washington II
has Honor said he could not have that time he would
get ready with the witnesses he had. They had writ
ten TO Mr. smith Ely, Jr TO hasten his return from
lett New York, there was. as he was Informed, III
Tcction from the ATTORNEY General to the District
N the case With that understanding nc len town
and ii would be a pity that his clients should I've in
Jured by any act oS his own. Those afidavits had
been drawn In good faith, and III his opinion, set
forth good grounds for adJourning the case and he
did think that upon them his Honor would feel jus
titled in granting the adjournment asked for. As he
had said before, II the case was TO proceed to-day II
must be without his assistance, because, owing to
the pain he was suffering In his face, he could not
conduct the defence.
the Court do not think that there Is any valid
sufficient reason shown in those papers for the
postponement Of the The only for which
1 would adjourn 1t Is the Illness OF counsel That Ia
INTO consideration Counsel states thai he il TOO nj
personally TO go on with the case. That OF course,
circumstance which IL entitled by the Court To
consideration. Now, II counsel Is too i'll 10 attend to
the case this morning VIII put 1t or TO tomorrow
Tor that cause alone and on that personal ground
alone. Nothing more.
Mr. Courtney-Mr. Beebc, are yop the only coun-
sci in this case for the defendantsss
MIR Beebe-Yes, for all the defendants, except Mr..
Schuyler, for whom Mr.. ID. Mcmahon appears. /
would ask for the day after tomorrow, for I am SO
III am not prepared 10 90 on with the case to-day.
have come down here out OF my sick bed. not hav-
ing slept for the last fortyeigh hours owing 10 the
intense pam have suffered. My gums my
teeth. and cannot close mouth without much
sunerinA
The COURT know counsel is subject TO these at
lacks and that they very severe when they come
20 far as the personal application Of the counsel
is concerned can understand II, and know that II
would cause o temporary delay.
Mr. Courtney-This case has been called every day
SINCE the indictment was found, aud the defendants