The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-12-12
NEW YORK CITY.
THE COURTS.
UNITED STATES DISTRICT COURT.

The COuRTSs
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UNITED STATES DISTRICT COURT.
Tho Watson-Crary Whiakey Case-verdicr for
the Government.
Before Judge Batchford.
the United States us Thtrtp-etgM hundred Gduons
or DISTILLED Sptrtts.-At the opening OF the court
yesterday the trial OF the above entitled case was
about being proceeded with and counsel prepared TO
address the jury, all the testimony having been put
In on the previous day. when Judge Blatchford, ad-
dressing counsel on either nde, said:-On looking az
the information In this case and having heard all the
and Is sh s. . p e ss
a. not having paid the tax and not against tne
premises I shall direct the jury to ind for the
without retiring, returned verdict c0ndemning the
whiskey-3,8 800 gallons Thus ended this protracted
case which had occupied the court four whole DAYS
and part Of nth.
The Kentucky Bourbon Case-The Defendants
Fail to Appear-Posfponcment Of the Trial.
Tne United states os Daniel Aessnaore and Others
me Kentucky Bourbon Co,npdny.-After the Watson
Crazy case had been disposed Of United States Dis
trct Attorney Courtney moved for the trial OF this
case. It was evident, he said, that the defendants
were not all In court. and the charge being one OF
conspiracy It was necessity that ALL possible OF
least number Of them, be had together at the same
time.
The Court-Tne defendants In the case, as they are
charged conformity, must be tried together Are the
witnesses In attendanceY
collect that these cases were set down Tor trial ~
special order Of this court for the first day OF the
November term. On that day counsel for the respec
tive parties under indictment appeared, together
with some Of the defendants, and announced tnein-
selves mot ready" In the meantime received q
letter from the authorities at washington instructing
me not to proceed with trial OF these cases, Tor
reasons contained In that letter, which submitted
to the Court ana On sc came TO me r
coed with the trial OF these cases according to law
l Immediately notified the parties, and they
some by counsel. They asked for certain
day 70 be fixed by your Honor on Inc
them was too short for them to prepare their case
ana for the purpose Of getting witnesses they
alleged were In St. Louis and other places West
and the cases were called, and but one Of the de
and Ssncn issued FOR the Of
these parties. / caused to be issued, think, four
separate bench warrants, and delivered them to sepa
cuted. was informed yesterday, and am further
informed this morning. that after thorough search,
not only through Inc CITY I'm New SaI
to have resided none Of them can be foInd and now
we have the statement here this morning by counsel
don't think they can be tried or ought to be tried
without the presence OF these defendants have
10S 1s since as g sSsse
indictments are for mlsdemeanorS and the fourth
one for felony. Your Honor win recollect that
sssociate to ceDsodate tSose That
motion was granted, and these three Indictments
the one for conspiracy to defraud the United
States, the other Tor doing business without paying
license and falling to keep recti1er's book, and
the third one for using counterfeit plates on spirits
consolidated, all three, the fourth Indictment
Additional m N M m
from the FIRST three that have mentioned. The
first three are against the three parties. Two OF
them are msdemeanors and one OF them Is for
felony,
did not remember it; but If tnat is 80 IL stands as
Q single Indictment and 1t Is made o felony.
The District Att0rney-Ihe other one Is a con-
spracy to defraud the United States under the tllr
tieth section OF the Revenue law That Is a mlsdec
spirits distilled by them.
The Court-That is q made msdemeanor by the
section.
The District Attorney-There is a charge for con-
spiracy. This charge has been consolidated with
the Others as there Ii an additional defendant in the
The Court-That is specially for a conspiracy.
The District Attorney-In the cases / have men,
toned we are prepared tG try this case aude to.
In this fourth two OF witnesses are In Proy
dence the spirits having been taken To Providence
from New York. We are ready to try the cases that
consolidated but In the fourth case we are not
ready, but will be on Monday.
The Court-Then you cannot try the misdcmeanor
to-day for that think, In looking into
the authorities on the subject 1t would hardly be safe
to try this case In the absence OF these defendants
find the law lald down by the Circuit Court IN the
First Circuit, In the case Of misdemeanor, where
the punishment must be imprisonment, the Court
VIII not proceed IN the absence OF the defendants
In this case it must be fine and imprisonment both,
and think that under such circumstances, the
jury That is The idea in cases Of felony. Felony
50 severe that the dsiendant is entitled to have the
jury see him, and that Ia privilege which the law
would not allow him to waive, and therefore, in
favor OF personal liberty think II would hardly be
right, particularly as there Is decision by Judge
Curtis in the First Circuit the point, although
Judge Nelson decided by the case OF fitting out
sci In the slave trade 1t not being declared felony
they could not properly proceed on the trial without
the presence OF the defendant Yet II the defendant
once appears he Is here for the purpose of the whole
trial II he goes away then he Is not entitled to any
considerations but here the defendant IL not present.
cause What shall be done In regard to this defend
The District Attorney-Your Honor will see the I'm
proprlety and the almost ipossibity Of trying
defendant in these cases. The nature OF the whole
charges that Of conspiracy all the indictments.
The charges run into that and OF course we would
have to show the connection throughout and think
1t would be great waste OF time TO try these indic
ments with only one defendant present; .
case cannot be tried. would say In regard To the
defendant who has appeared here to-day he has held
himself amenable to the court and has conducted
himself with proprlety under all the circumstances,
and therefore under these peculiar circumstances he
IL undoubtedly entitled to indulgence and consdera
ton. lie left his business In Buffalo to come here,
ready for this trial. and he entitled TO the notice
the counsel suggests that he may come here again.
The case, after few further brief remarks from
the Court, was postponed for the present.
The Biaisdeil Whiskey Case.
This oft referred to and long pending case was
called on yesterday morning, bur In consequence o
the absence OF two important witnesses for the gov
eminent the trial was postponed Till Monday next.
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SUPREME C0UaT-GEMERM TERM.