The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-11-25
The ALLEGED sATUsALIziT'es fRitDs.
UNITED STATES CIRCUIT r--calHSsl BRANCH.
Application for Posspcnement.

Before Judges Nelson ana BlAtchforu.
The U.lted States Us. Benjamin q. Rosesbe70--
Mr. stoughton applied TO the Court for postpone
ment Of the argument TIL tomorrow, stating that
OF the counsel for the defence had been prepar-
Ing very elaborate papers and aridavts In the cave
OF Rosenberg, which would have important bear
Ing on the motion TO quash the indictment and
which would govern all the other cases; that coun-
sci had been aborlng under uisapprehe nsion rs TO
the time 70 which the last postponement had been
made, and hence the papers were not ready now.
but would De IN the course OF few hours.
ponement stating that he had postponed I'll TO-
morrow the settlement OF the order In the Erie
case In order that he might attend TO the arguIncn Mt
IN the Rosenberg to-day. for which he had Oeep
retained on the par OF the government
Mr.. Henry y. Davies also employed for, the govern.
ment opposed the application for postpOnement On
the same grounds.
District Attorney Courtney stated mat no mad
gwen due notice to Mr. Stoughion ihhi The aigaioent
Mr.. Stoughton admitted AL that but stated tina,
he had not deemed 1t part Of his duty, or That u had
not occurred 70 nun ~ notify the other counsel.
Judge Nelson suggested TO Mr.. Stoughion whether
the alignment could not proceed to-day ind let the
papers be presented when they were ready.
Mr. stoughton asked the Court 70 alt III the
other counsel should bc sent Tor,
Counsel for Rosenberg having come into e'urt,
stated the circumstances which led 10 II being
prepared to proceed win the argument isy. lie
had not been notified. as he expected le should be-,
OF the intention Of the government 10 20 On with the
ment should proceed tomorrow, all the objection 70
that, a. ne understood, coming from new counsel
employed Tor the government. lie has pitparcd and
had printed the motion to quash, the pointsof law
on witch u rested, and IN AFFIDAVIT relating g IT, u
was impossible for him 10 attend and argue the case
to-day, Dut he would I've ready tomorrow.
Judge Nelson asked why, n counsel had teen ready
two previous occasions, be could mol 80 0D with
the argument to-day.
Counsel said he hAd not his briet with hift.
Judge Nelson SAID the Court would nave ~ heat
tue argument to-day. Mr. StOughtOn could proceeh,
aud the papers could he presented Afterwards.
there would Oe hut two counsel heard on eaCn Ride
MOTION 40 eUAsH THE fSplCrAsSI-.MR, HrOUeIf-
rON'S ARGUMENT.
Mr.. Sfoughun proceeded with the atru'nent on
the rnotion 70 quash the indictment agIuss iSoson
berg
1he motion, he said, was - quash the Indictment
which mad been founded on he thtesath sccyiOu of
tlie act OF March 3, 1915.
Judge Nelson asked counsel which or Tie indict
mants against Rosenberg there were foLf u them
lie was referring 10.
Mr. StoughloD seemed TO think that u made M
difference but finally selected one. lie went on q
sAy that the indictment WAS one OF very iarg'
number founded under the act OF 1873 which wa
entitled IAN act for the regulation o. seamen OF
1us.li I1a puDIS AMI privss fessei u iDs vDire