The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-09-10

ment have received from him manhood, seii-re-
spect and common decency require me to have
nothing further to do with him. He is here my
sufferance, by my permission and no other. tele-
graphed to his superior 01cer at Washington yes
| terday a. follows
~ ..v,ox NEW YoaE. Sept g. 1862
. son s aI any SsV
y anal
q ATTORNEY
Mr.. Courtney, resumng-I will now read to the
court the reply to that message:-
= D.s
% #: " II s.s $
1s sS.ssS !.
mpoSeS s s the Mr. SO Ia:
a S &!
% ' n
Sn'' OF
| Acting Attorney General
| Mr. Courtney resuming)-That man has been here
on my sufYerance. That sufferance now withdraw
from this instant. cannot, with any regard for my
have anything further to do with this man. found
hm insulting and overbearing, and after all the in
suit, and worse than that that has been heaped
| upon me by this man; telegraphed to my superior
officer and that Geographic despatch is the answer
and the Court Will see by looking at the whole matter
is correct. am willing to receive aid and assist
ance in the from anybody who will aid
not-eveh though oniclal decapitation' stands
ia view. as has been threatened me by
my manhood. my character, my integrity assailed
by this individual am here to prosecute this ease
get through with it faithfully: but am not here
and do not intend to be used for the purpose of
aspersng or inurng the character of any guiltless
life may be. am not here to submit testimony OBJ
talned-for what purpose will not now say
jurers and villains. 1t is within the memory Of all
here present as it, In fact, only occurred afew days
ana IN the same way, by gong before a COM
missioner and procuring afidavits Of that de-
sstp high public onlcial was g., dragged
ferred against him. Then it was found that
the parties who had made these affdavits HAD done
80 for the patry sum OF fifteen dollars apiece
Those individuals are within the custody OF the
law, and at the next term Of the court will be placed
in position where they will be punished for and
have time to reflect upon their crime. Having said
this much submit to whatever disposition OF this mo-
ton your Honor may think fit, but will state that
ready to proceed with it at once The case depends
mainly upon the testimony OF Gopp, who has been
subpenaed and will be here, or will be brought here
In few moments, and then OF MI. Mcllenry, who Is
now present.
Mr.. Binckley now vacated his chair for the pur.
pose OF addressing the Court, when Judge White OBJ
1ected to his being allowed to speak at all, and
Binckey retorted "You had better object"
Mr.. White here requested the Commissioner to
direct that the case be proceeded with, unless the
District Attorney had concluded to withdraw 1t; and
asked DStrlCt Attorney courtney III he intended TO
prosecute 1t or expected to prove any OF the
The District Attorney replied that he expected to
" Commissioner Gutman said that in view of the
Importance of the case he thought the interests OF
the government would be best snbserved by an adj
jOurnment, more especially as there seemed to be a
difference between the two law officials Of the govern
ment.
Mr. Sedgwick called the Commissioners attention
to the fact that there were not two law oicials OF
the government present as 1t had been shown BY
cept upon the su6erance q the District
torney Would not give, and Mr. Buckley was there
fore without any standing in court Mr. Sedgwick de:
with as a matter OF justice to the parties who had
been charged and who were now under the imputa-
ton Of crime, and as the District Attorney was
The Commissioner thought that, viewing the
gravity OF the case, an adjournment would be ad-
Mr. White again addressed the court, asking that
the case be put on examination, and when he had
Mr. Blnckley rose to say something, but
Mr.. White again took the moor and said, "If y
please your Honor l object to this man saying any
thing here. He is only an interoper.n
Mr.. Buckley with blandness In his tonesl-The
gentleman need not fear, do not mean to tell any
MI. White mot so blandly, but nclining rather to
the tratel.I defy you and all your gang thumping
Mr. '' Buckley had not resumed HIS seat and at
tempted again to address the court but Mr.. sedg-
Mr.. Buckley asked that the court would define his
Soast he ought to have toe his position
this time and did not wish to hurt MS feelings; 80
Mr. BnSkleys status was vas; not ct dean nd Mr.
Buckley had to say as an anxious catri9.
Mr.. Buckley said that he would state that in HIS
opinion, according to the best belief and knowledge
sustain all the charges before the court now,
District Attorney-the names Of the witnesses,
where they lived and how to get them into court.
from the Acting Attorney General Of the United
States. That was surprise to him and only showed
the q the S e
by the fae District n Attorney that reply gwen lie
Q,inckey had come here only to do his duty and he
had done 1t against all the difficulties he had met.
He had struggled with all his might against them
thumplng the table with his knucklesl; he had
thought the good Tight" and his record was clear.
10 was In no way injured and when 1t came to that
he would sit down, but frightened he never would
lie then took his seat, and the District Attorney
rose to make q remark.
Mr.. Buckley came up again ike bolt ana "wouId
like to know what the District Attorney
The District Attorney declined 10 answer any I'M
Buckley requested the Court to "take notice OF
that-he Declines and
every witness witness whom Nj Binckley had named a sub.
pGna had been issued and the most OF the parties
found and compelled to attend. Whether this case
should be concluded to-day or tomorrow or to-Inor
row week he proposed TO go on WIN II now ana
finish IL at some time or another.
Mr.. Blnckley-Will the Court please decide my
status in this proceeding7 The gentleman said In
previous examination that I was his superior In
charge OF this case and 1t In the newspapers
Mr.. Courtney-l should be very sorry to announce
70 the public the gentleman as my superior,
morally intellectually or any other way.
Mr.. Binckey-Ihen perhaps
Mr.. Courtney-Am to be interrupted In this way
G,inckIey sat DOWN. what said was that the Sec.
rotary OF the Treasury my superior officer and
should conduct the under his instructions. /
NV poyya nd Al Un W
far as possible.
Mr. Bnckey frIsing)-I ask the Court to he good
enough TO decide this point for to my standing
| here In court, as II may be important to me.
Commissioner Guttman-l think the duty and re-
| sponsipity OF conducting criminal prosecutions for
the government in this district devoves upon the
District Attorney except In cases Of suerance OF
special enactments TO that
Buckley rising, taking his hat and cane rom the
/ table puftinp on the hat and turning toward the