The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-10-23

Ineerssx Manifested In tho Examination
Psssponeueut till Saturday Next
Before Commissioner Osborn.
1Re United states Us. Benjamin W. Rosenberg
The defendant stands charged, ON the affidavit OF
United States Marshal Robert Murray, that he tde-
sendant) did wfully and knowingly make, forge and
counterfeit and cause to be falsely made, counter
seited, &C., certain certificates and evidences Of
citizenship In violation or section thirteen OF the act
q Congress, March Is, 1913. The defendant was,
wednesday evening last arrested the Marshal's
afhdavit, and the examination OF the case was set
aswn for two O'Clock yesterday The greatest interest
has been excited by the case. and at the hour named
The Commissioners small court room was crowded
% sufiicaton. The defendant has employed able
and most experienced counsel to defend him, while
United States District Attorney Courtney, the prose-
cutting Officer has enlisted to his aid other able and
eminent counsel. At the opening Of the examlna-
ttOn Mr.. Abram J. Lawrence Jr, applied FOR post
pOnement OF the hearing on the ground that he had
emily been called into the case that morning.
Samuel G. Courtney, United States District Attor-
ney ON the part OF the government, opposed the
motion for adjournment. He said:-The examina-
reasst OF defendans Counsel and il the Charges
true, as stated In the affidavit on which the war
rant has been issued, It becomes most important to
the interest OF the public that the case should be
proceeded with at and brought to the Speedest
possible close. Under the circumstances stated by
counsel for the defence should not object to the
proposed postponement OF the examinations; but,
your Honor this is serious charge affecting the In
tegry and purity Of the elective franchise OF this
city ana State and II the charges true and OF the
nature represented then the whole public should be
Informed Of them and the courts ought at once to
take cOgnizance Of them. l do not desire to say or
do anything interfere with the proper defence OF
the case, and yet cannot consent to q postpone
pared to 60 on with the examination, and as this is
case really affecting the deepest interests OF the
cution. must u urge its being proceeded with. 49,
Mr. Lawrence counsel for the defendant said that
the suggestion for the postponement OF the case
gagged In the case. He could not see, however,
how the public interest could either be preserved
application Just made for an adjournment. He
CIR. Lawrence) had not been consulted in the case
I'LL late this morning, and he had therefore had
opportunity Of reading or examining the affidavit
Of the complainant or OF consulting with his Client
But apart from this, 1t was not usual or customary
for the prosecution to press on case with such
undue haste as was evinced IN this pr0secu-
ton There was plenty Of time for the protection Of
Of the citizen that may be supposed to be involved
IN this case 1t was only with the knowledge Of
had submitted for postponement that he now
begged to urge his motion for postponement Of
The Commissioned am willing to give the de-
1ence fair opportunity to prepare their case. But
the nature Of a preliminary examination as under
stand 1t in connection with my duties as Commits
aoner Of the court, is that the general question
arising out OF such as an examination, as 1t Will
SsesI point in the case. This must be the case
here. The facts are very simple. The point
which the complainant proposes to prove does
propose to proceed with the examination now, and
after taking the testimony OF one or two witnesses
however, proceed with the case, irrespective OF
any legal construction that may be put on the
Mr. Barrett--That seems to me an unusual course
and think, with respect to your Honor, that have
had as much public experience In the very matter
Appertaining to this inquiry as most men, and
never yet heard OF an application for postponement
FOR day denied. have not thus far seen the party
accused here. / am retained as counsel in the case
and yet never saw the complaint. Mr.. Lawrence
ehe counsel upon whom the conduct Of the case be-
but momentary interview with our Client and he was
unable TO go into the facts He cannot therefore listen
without knowing in what position his client the de-
fcndant) stands. II he allows himself to go into an
examination OF his client he goes In without the adj
vice OF his client aud entirely ignorant OF his own
status IN regard to the case as 1t might he devel-
oped In conclusion, your Honor, must say 1t is q
most unusual thing for a committing magistrate to
refuse an adjournment under the circumstances here
presented.
proceed with the examination, and II after the ex-
animation Of one or two witnesses having developed
the complaint an application for adjournment Is
made ! Will listen 10 1t and grant an adjournment;
but az the case now stands shall proceed with the
examination unless more cogent reasons are shown
Tor iay ad,ou-nng II at once.
MI narrett-Nay draw your Honor's attention to
one fact apparent to all? This court room Is
entirely too small ,or any inquiry OF this kind. IL IL
already exciting great deal OF public interest ana
this small court room affords no convenience TO
counsel, much less for the accommodation OF the
public.
Mr.. Courlney-lf your Honor please, have con.
suited with my associate counsel in this case, and
taking into consideration the crowded state OF the
room, and anxious on the part OF the government to
give the fullest opportunity 10 the publc-the par
ties most interested in this case-to be present, we
waive our opposition to the motion OF DEFENDANTS
counsel for adjournment and consent thereto.
The Commissioned have ascertained ilat we can
have the of the Circuit Court room en- saturday.
and tlereiors ADJOURN the case TIL ten O'Clock sat
urday morning.
The court room was soon after vacated.