The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-12-13
NEW YORK CITY.
HE COIRTs.
UNITED STATES CIRCUIT COURT,

Thc Fullerton Consolidation tn Quash the
Iu.lictu,cnr 10 he Heard Next Saturday.
Before Judge Benedict.
r,e Uauer Sates u.s. Wiilian Ftllerfon Jacob
Dr,>,r Alned A. Be,knap Ddnfet c. BirdsGu ana I'd
sDay,d j. Wind,st-At the opening OF the court yes
serday Judge Benedict having taken his seat, ad-
dressing counsel said:The presiding Justice Mel
SOM has assigned certain classes Of causes to be
disposed OF by me--causcs arising under the criml-
nal and revenue laws. They viii be placed upon q
separate calendar to be heard the first wednesday
IN January, and shall hold court for that purpose
for four weeks. l shall sit next Saturday in this
room to hear notions cases without jury and pre-.
lmnary questions that may arise in these
OF cases. Motions to quash indictments will be heard
on Saturdays and not after the jury are summoned.
II any motion Is now ready IN either OF these TWO
classes q Gases cases. am prepared % hear Il
the Court please, on the 23d November iast lle
Grand Jury Of the Circuit Court for this district MED
pew, Alfred A. Belknap, Daniel q. Birdsal anu =; :.
Windust. These several parties on the same uay
gave bail before the Commissioner under the oreer
OF the court and appeared In court the next day In
person and by counsel. desired 10 nave Tue par
ties plead to the indictment they decnea 20 10 80
NJ the time and had week given them 10 take sucn
course as they might deem desirable In the premises
At the expiration OF the week another adjournment
was granted till Thursday and tne case remains
still open Now desire have the direction of the
Court in the mater-whether The parties shall plead
dictment on the part Of the government we are
desirous to try at the earliest possible mo
ment Ii the parties are ready TO plead we can set
down an cary day in January or II the parties or
counsel intend to take different course We desire 10
Know it,
Indictment, and was prepared TO do so this morning,
but received notice on Thursday afternoon last
from one OF opposite counsel that one OF our city
cases, OF great deal OF Importance, which had no
right to be heard for month hence, would be called
mp in the Supreme Conrt In Washington on Monday
next. In consequence OF this was Obliged to 20 TO
work at once and to give my attention wholly TO
that matter. find myself embarrassed, for 1t Is I'M
possible for me to remain here to-day having to fin
1sh my preparations and leave this evening for
Washington, and so far as this motion il concerned
the whole preparation has fallen upon me. ! would
therefore askthe Court to fix next Saturday Tor
hearing our motion to quash.
Mr.. Courtney said the prosecution would make no
objection tO adjournment till Saturday next, as no
possible delay in the disposition OF the cases on the
calendar would occasoned as the jury TO try this
cannot be empanelled till January.
Judge Bencdict-Let the motion be heard next Sat.
urday, when counsel must be ready TO 40 ON.
Mr.. COurtney-I should like 10 hear from counsel
on the other side forpal notice OF the motion to
quash.
Judge Benedict-lt is given in open court. The
motion il fixed for Saturday next
Mr.. O'C0nOr-I assure the District Attorney that
we are as anxious for speedy disposition Of the
matter as the government possibly can.
Mr.. Courtney-I am glad to hear it.
The matter then dropped, and the parties and their
counsel left the court room.