The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-11-11

Inc mCg8mOfesncnLucky BOURBON C0mV00y
Case.
Before Judge Blatchford.
me United States Us. DdUid AeSsmore ana Oilers
Ing was called In its order on the calendar. To the
inquiry OF the Court to what condition the case
was ins
MIR. Courtney United States District Attorney,
said the case was In the same condition as when 1t
was last before the Court. Since then the instruc
tons OF the Attorney General had not been modified
In regard TO Its not being proceeded with, unless the
defendants were ready to 10 on with it,
The Court said that under the circumstances, in
case involving charge Of conspiracy and the parties
charged not being prepared, he could not see now
the case could possibly be proceeded WITH
Mr.. Coutrney-When this case was first called on,
on the day 1t was originally set down for trial. was
ready to proceed with it. On the application OF some
or the parties, however II was put or TO another
DAY Then your Honor thought the time was run
ming last and II not at once tried we should hardly
within the term have time to commence and finish
It, was instructed, as your Honor knows, by the
Attorney General not to press these cases to trial
until such time as the defendants were fully prepared
TO go on with them 1 acted according TO the In
structions OF the Attorney General who only desired
been abused by the press.
The Court-Under the circumstances the Court was
willing TO give the defendants full opportunity 20 Sc
cure their witness and the government no doubt had
very COOL reasons Tor not desiring ut TINS moment 10
press on the trial OF the cases. shall permit them
therefore, to stand over without saying that they
shall go over for the term but they shall be- allowed
to stand over and should the government determine
to bring them again within the term the defend
ants shall have ample notice to prepare II the Dis
trlc Attorney IL satisfied that this course should be
adopted the Court shall 80 order It.
Mr.. Courtney-l am content, your Honor having no
other alternative under my Instructions
The case was then ordered TO stand over.
Another Whiskey Case-Important Motion
and Argument.
The United States rs. Ethan L. Watson, George d.
crazy ana Henry Ptke.--In this case Mr.. II. L.
Clinton. counsel for the defence, asked for post
ponement Of the trial OF the case in consequences Of
the illness Of his client, Mr.. Crazy The case hav
ing been fixed peremptorlv for this morning, Mr.
Crazy at great peril to his health, had come to the
city and was at that moment resting upon lounge
in his office, and his condition was such that he
could not possibly sustain the fatigue OF coming into
court and being put on his trial. There was q
discussed without bringing his client into court and
which could be better discussed now before the case
Mr. Courtney-What is your question Of law
The Court--How DO you propose to bring up for
discussion question OF law In the case before you
have pleaded to the Indictment
Mr.. Clinton-We will bring up the question IN the
shape of an objection to any further proceedings anu
q motion to discharge all the parties.
The Court do not see how you can bring that up
II you have not pleaded not guilty.
Mr.. Clinton said he would present authorities
further proceedings In the case on the ground
that the defendants stand acquitted, and ct
the same time am moved r their
from bail for the reason that the parties had been
already put upon their trial, and therefore they
could not be twice put In jeopardy Tor the same
offence. On the previous trial a juror had been
Withdrawn, and Ills, counsel argued, was an aban-
d0nment OF the Indictment, on the principle that
If jury be discharged on other than legal cause
after being empanelled in criminal case, that dis
charge was acquittal or the party trial. Coun-
sci then read quotations from numerous authorities
IN support OF his position
Mr. Clarence Seward followed on the same side.
Mr.. Courtney, United states District Attorney, op
posed the motion, and also quoted authorities from
counsel occupied the whole Of the day, Judge
Batchf0rd reserving decision.
In Bnnkruptcy-A New Rule.
In taking testimony all registers, referees and
commissioners shall, where testimony Is written
down by question and answer, number the questions
put to each witness continuously from the CON-
mencement OF his direct examination to the final
close O his examination, direct and cross.