The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-02-18
NEW YORK CITY.
TED STATES CIRCUIT cuuar--isaY Term
marss Against n Revenue Inspector Of To

NAarge Against Revenue Inspector Of TAX.
Ing n Brtbe.
Before Judge Benedict.
me criminal calendar being called ever yesterday
sornng the case Of ths United States w James b.
Freeman reached
Mr. Malcolm Campbell moved thai the trial Of the
sase be postponed, for the reason that Il was only
On Saturday last he had been engaged in I.
mo case had bean fully tried in The Circuit Court
Ass year, when the jury had disagreed and then
pied some four or i've days. the testimony voumin-
ssa and there were points OF law In IT he would
wMh 10 argue Coming without preparation late the
10 would as matter personal 70 himseIf ssk the in.
RJndge Benedict said that no was always willing in
esiminal cases to extend every indulgence counsel
sSsrs is limit TO such things and that limit nad bssn
hang fnce reached In this case IL was called
aoer weeks ago when counsel appeared and the case
was set down for two weeks from that date When the
ease then came counsel for accused asked for
farther posiponement in consequence or his engage
Msnt In heavy case in the Court Of Common Pleas
The court granted posponement for four days longer
With the distinct announcement that tho next day
ssi for hearing counsel should and pro-
sssd with the trial Of the case When the day arrived
counsel had another excuse TO make for further post
s sa no sucS
excuse could be taksn-that the trial must 80 on can
sAsrsforo listen with no favor to this applieat,on
snt to enable him TO look over tho testimony taken on
sAs former Trial OF tho case when after some other
ybs defendant was in January 1857 revenue inspector
IN that month he won't TO the place OF business OF
Henry Budieman 1lSth street, between Third and
Fourth avenues Budieman kept feed store there.
Defendant introduced himself, and informed Budcman
70 the effect that fraud had been detected In his
turns and that he was sent TO examine his books
Several interviews followed and Budleman consented
70 pay over 70 Freeman $780, TO be paid 70 tho derec
i've under Freeman During the negotiations Budle.
an reported the whole affair to the proper authorities,
EAler who, tbroughous the transaction, was repre-
sened as Freemans clerk, the parties arrested.
jury did not agree. Case still on Mr. Bell for the
government; Mr.. Campbell for defendant
Charge Of Stealing a Lettor from the Post
OHico Containing Articles Of Value.
The Unied States vs Alfred Raiolin9s-I this case,
when previously arrsgned, the defendant pleaded no:
guilty. His counsel, on tho being called on, in.
formed tho that his client would withdraw the
plea and plead guilty. Mr. Waite then explained that
che defendant young man. married. who up TO the
Aae Of the offence charged had borne irreproachabe
possession by mistake and that he had without con.
eemplaton OF any crime, opened IT. Ho had brought
into court several respectable parties former employ
Of the defendant who would testify his previous
good character Judge Benedict interrogaed witnesses
- to character and then directed the prisoner TO
present himself at tho clerks desk withdraw hs
former plea and record his plea Of guilty. The prisoner
Aid 80 when Mr.. Waite hls counsel, moved Tor
rest OF Judgment. Mr. Bell on tne part Of The prose-
sution, acqniescsd in the b,oou The prisoner had
been in confinement for Inonths. The Court,
Shen addressing the prisoner 6oid that lie had Listened
1avoraby 70 the motion to suspend Judgment in his
ease. He had taken the pains 10 saDd for his late
loyers in order TO be satisfied his previous charnc
tcr Considering, therefore thai he Young man,
with wife, that THE his FIRST offence and that he
had already sustained somo punishment. he would
grant the motcn and not sentence him to tho Stale
Prison, ne he might otherwise have done satisfied
nom tho character the court had received o. him that
sow discharge MIN. Rawlings then lett The court with
hin friends
Motion for Arrest Of Judgment.
fHe Case Of the Unt1d States O. William Spike -
rho defendant tried and convicted during the pre-.
seat term Of the court of having his possession
quantity Of couners United States currency Yester.
DAY morning counsel for the prisoner moved for an
arrest OF judgment the ground that there va.
Vance between the notes described in the Indictment
And the description Of the ITSELF The court had tho
indictment Produced and then examined inaccuracy
stained which, however was found not to exist, and
Abe motion FOR arrest thereupon denied,