The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-09-10
NEW YORK CITY.
THE COURTS.
UNITED STATES COMMISSIONERS COURT.

lar Row and Buckley Demoralized-He
Says He "Win Come to New York Again.
Probable Collapse Of the Case.
Before Commissioner Guttman
The United States u.s. commissioner Rollins, Dep
Wty Commissioner Harland and Deputy Collectors
Smith ana Haggerty.-This case In which the de-
PENDANTS are charged with conspiracy to deraud the
United States through the internal reve-
nue. tax on whiskey was resumed yesterday at noon,
Mr.. Buckley and United States District Attorney
Courtney appearing for the prosecution and Mr..
sedgwick and M. White for the defence. The
time appointed for the examination was twelve
o'clock, but at that time Mr.. SedgwicS
was the only person officially interested
who was present. BY and by Mr.. BincKiey
lounged in looking uncomfortable and wearing sor,
of sangfrod. He sat down and stroked his beard
with his hand at quarter past twelve all the coun
Gel were not present. And 1t was remarked that 1t
seemed as II there was "a hitch' somewhere.
Shortly afterwards the presiding Commissioner en-
tered and took his seat and then District Attorney
Courtney appeared, but, singulary enough, did not
his seat at the same table with Mr. Buckley his
associate.
Al the opening Of the court Mr.. Buckley rose and
stated that he was suffering under some embarrass
ment in the case owing to the fact that as yet no
definite plan upon which the prosecution was TO be
conducted had been agreed upon between him
self and the United States District Attorney.
The interests to the government involved IN
the case were very great, and he desired that the
basis upon which the case was to be conducted
should be hXed For that purpose IL was to a great
extent necessary that he should have the opportunity
10 communicate or confer with his superiors at Wash
ington, and he therefore asked that the further
10th inst.
Ex-Judge White, counsel for the defendants, then
arose and stated that he was surprised at the revea
tons made by the gentleman In regard TO his relations
with the prosecuting ofcer but 1t was one OF those
unfortunate events which could not always be anti
cipated. For himself he did not propose to consent
adjournment
any brains furnished to him there were plenty
OF professional men In the City who could furnish
very grave offences and 1t was his duty in their be-
half and in the interest OF justice, to demand that
this trial should go on to final determination or
that the parties accused should be discharged. This
gentleman had only Just returned from Washington,
obvious lie no doubt had his headquarl ers some
where, where he could have drawn up his afildavits
and prepared himself for the prosecution OF the case
as he had time to do but instead OF that he suddenly
surprises the whole community with these terrible
revelations. He therefore protested against any ad-
journment and asked that the case be allowed to go
Commissioner Guttman-Is this difference between
yourself Mr. Buckley, and the District Attorney such
as to materially interfere with the adequate prosecu
ton of the interests OF the government
Mr.. Buckley lobsequiously)-ln my opinion, sir,
MIR. Sedgwck here rose and said he had been
instructed to appear here for Deputy Internal Revenue
Commissioner Harand, for the reason that the wit
ness McIlenry had testified to certain things con-
corning Mr.. Harland for which Mr.. Harland intends
to hold him responsible. The witness, in other
perjury, ana he would be proceeded against on
such q charge. The case throughout was without
fSandaton and a 1t had been avowed IN the n,st
being able to convict these parties or prove the
charges made against them Of any criminal offence.
1t was originated merely to effect other objects, Of
which Mr.. Buckley was aware, and TO bring odIum
upon some Of the parties charged; and his object
delay the case so that his object which was simply
one OF scandal might have time to take due effect.
A more hybrid, mongrel and contemplate charge,
without form and without substance, never came
under his tMr. Sedgwick'S observation. He
was willing, in charity, to believe that the
ent to convce him 's his was wr s@
and that the only other motive then could he to
create scandal. AT irst 1t was claimed that Mr..
for the United States and that fact was communi-
Gated to the Secretary of the Treasury. who in.
structed the District Attorney that under the act Of
1889 the laws OF the United States made him the re-
sponsble prosecuting officer in this matter. II Mr..
Courtney afterwards associated Mr.. Buckley with
him that might alter the somewhat, but the re-
spOnsble and only individually competent officer In
the case was the District Ct Attorney Now we have
saying that "there was difference OF opinion be-
tween him and the District Attorney" in regard to
the case, and that he wanted that difference OF
opinion referred to some superior authority. They
had had all the time they wanted, and now to ask an
ton Of justice and the rights OF these defendants.
Mr.. Buckley here rose and said-The counsel had
been pleased 70 speculate on wnat ne
make this motion, and he had said 1t was rather to
deduce scandal upon evidence which was in Itself
record before this, Q competent tribunal. But it
seemed to him that IL was monstrously scandalous
he Bncsiey had not spoken for the press or for the
public ear so far IN anything he had done. At the
proper time, Il he thought The case and the public
Justice required It, he would state what his object
was, the way he was opposed In this thing,
by whom he was opposed aud for what mo-
tves. For the present II must be OBJ.
SOUND
his voice that he mad been aborng under very great
obstacles in all he had DONE. He must say he could
should be brought up. In case now on record IN
this court the gentleman (Mr. sedgwIck comes in
now and announces himself as counsel for one OF tho
parties. The gentleman then goes on to say openly
that he is going to institute another action against
another party, who rs witness IN the case; ne
any other construction than that OF an attempt to
intimdate witness. He (Ar. Buckley came here
an ollcer OF the government and found evidence
accessible, and many persons who could give
testimony regarding tho matter, all OF them,
or nearly all of them, very respectable and
decided upon his duty as between himself, his coun-
try and his God, and determined TO do that duty
without fear, whatever the consequences. But he
found no friend within reach OF his voice and many
who were ready to embarrass HIM. But u would not
avail; he dened everything that New York could
offer against him. Appal him He could not be APP
palled when he knew he was right, and he wanted
that heard Az the opening OF the case ne had stood
duty when he suffering IRON Illness and cramps,
and in the midst Of 10 counsel had leased him and
annoyed him and cast upon him aspersions which he
could hardly bear. But all that was incapable OF
frustrating him in the purpose for which he came
here. ON his personal responsibility and on his honor
~ professional man he said there was difference OF
opinion between the counsel for the government and
himself and he thought that difference would mate
rally impede the interest OF the government in
enforcing justice. IL was his duty to bring tails be-
fore his Honor and 10 serve the government Of the
United States SO far as he might speak ON the sub
ject.
Commissioner Guttman-I would like TO hear what
che District Attorney has to say about this difference
OF opinion.
District Attorney Courtney, rising-r have sat
patiently by so as to allow my former associate TO
say what he had to say, and believing that he has
now said ALL 1t Is due l think, TO him and TO
myself to make some comments. (Sarcas-
tically.). This distinguished gentleman came on
Gom washington-as ! have been informed
within day or two-some two weeks
ago, and without even the courtesy OF informing me
or any member OF my Office OF what he was doing,
obtained anidavits OF his own motion and caused
them to be issued for the arrest Of certain parties
some OF whom now before the Court. After that