The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-12-30


seeing whether the will not consent longer
postponement OF the trial than that which has been
Of this case to see whether the defendants did not
TALL within the protection Of the government, and
whether the faith OF the government pledged
lies at Washington to stay these proceedings
ana not force this action. The question was
3 81 such q. character mat 4 was submit
and the Attorney General considered il of sufficient
Importance TO entertain 1t and stay these proceed
received on Saturday morning stating that the case
should go to TRIAL and proceed under certain safe
Guards ana restrictions as regards the defendants.
that Judge Beebe was counsel in the ease for some OF
me deendants found that could not c0mmuni-
cate with him, as he had left town. under the inn
preston that the trial was not imminent.
Not being aDie to confer with Judge Becbe
wnen the case was about being caed-not being
able 10 communicate with him at all on the nitro
duction OF this case-I should state that was in
formed that there are important papers ut Washing
ION tnat are OF vital Importance In this case NOT
living witnesses, but records which are OF the
greatest consequence and 1t Is question Tor yonr
Honor whether those documents should not be on
tanned. Considering the relations In which have
stood to those transactions feel 1t would be crin-
nal II were to remain silent. -
Mr.. Courtney-The case for the prosecution VIII
take day OF two III there are any aff1davits or
papers In Washington which counsel for the de-
PENDANTS desire shall obtain them when their SIDE
FullertOnl outside Of this has done or said 40
not know, and what the question OF protecnon
afforded or suggested by him to criminals mas 10 90
with this court am quite at loss to imagine. inc
prerOgative or protection does not belong 10 inns
court nor the counsel, but to another tribunal 1naJ
question mas no relevancy mere ana IL desipe
and mean to get at the trial OF this case some tme
or another. Every obstacle has been thrown IN the
way OF this trial In this tribunal by the defendants
and their advisers. inside counsel for the defend
ant asks for p0stpOnement on the plea Of illness.
ana that y granted until tomorrow oSs t tSat
longer time should be granted. 1 desire tnat
these defendants shall have full fair
and impartial trial. and do not intend
that through any act agency OF mine the trial OF
these defendants who have repeatedly publishcd
their readiness to be tried and that they win show
their innocence to the world shall he delayed or
hindered As to these papers from washington,
whether they are material or not for the defendants
show that they have any relevancy or pertnence to
this case II they are important to these defendants
they win have plenty Of time TO get them from
Washington even IL there should he special agent
or ambassador sent for them. or If they should be
to the hands otan officer OF the govern
take at least one day; my assistant says two. 1t
takes twelve hours TO 20 to Washington and twelve
hours 10 return; and suppose these valuable
papers are In such position that they can be had
or that some official Of the government will be en-
trusted to produce them. The defendants having
ceed tomorrow. Whatever my instructions are in
The letter OF the Attorney General, to which the out
side counsel refers, win faithfully and cheerfuly
obey, and his request will be fully complied with.
Mr.. Beebe said he did not know what that letter
was. Many Of the points made by the gentleman
were vulnerable. He said that he desired the defen-
iants should have fair trial. Words and profess
sions were cheap but the action did not correspond
to the word. The statement made by Mr.. Fullerton
should have great weight with the Court, and that
was that he MR. Beebe) left town soemnly believing
that the case would not be on this term OF the court
and SO he had advised his clients: He presumed
that In the direction given Dy the Attorney General
he did not act hastily With the desire OF the Attor-
ney General to do justice and the assurance OF Mr..
Fullerton as to the Importance OF those papers the
case
be used on the cross-examinatl0n OF the witnesses
for the United States
Mr.. Courtney-lf you furnish me with n list OF
those papers | Will telegraph to Washington Tor
them.
] am able to be out Of my bed II not, the parties
viii be notified that they must have other counsel.
The District Attorney has evlnced much feeling In
this case. say that the District Attorney goes into
this case with more feeling than he would try
man tomorrow for murder. He talks OF incessant
delay. IL seldom happens that a liz tried In the
same term in which the indictment il found. This
Is the first time that adjournment Of tins case has
been moved for, and have attended here from day
upon which have sought for the postponement are
SUFFICIENT. Justice ought to be done. though the
now would be an act OF Injustice to them. think
your Honor would require the attendance OF Dir.
Dittenhoefer, who took the afdavlts Of the parties
which are now going to he used against Mr.. Blais-
dell. They would contradict the statements made
against him In this case.
The Court said 1t would he impossible to act on a
mere matter OF this kind without some sworn state
ment as to what these papers were.
Mr.. Fullerton can state 10 your Honor what
these papers are. These defendants some or them,
were defendants in evil action brought IN this court
TO coniiscate certain property Of theirs The govern
ment or District Attorney believe failed 70 cons-
or the trial OF this Observation-Disclosures over the
same ground and the same time, and, as under
stand II, the papers are aidavits made by parties
for the purpose OF obtaining the release Of
this property seized. Application was also
made to the commissioner OF Internal Rev:
an
by numerous parties, in the shape of aiiidavs, and
In which the parties have stated all the facts in the
to the Commissioners was made on papers
now on file Your Honor will therefore plainly see
that as the adavits made In the case for the con-
scation Of the property OF my clients were made by
the identical men who make the aifdavits IN the
case, II becomes my duty to have them here to see
whether they form the basis Of a complete contra
diclon. THAT your Honor Is the plain English OF it.
Mr.. Courtney-Your Honor, counsel who has Just
taken his seat In making the statement made by MN
rs entirely mistaken. The government did not fail
IN The prosecution OF the civil action. The Court
that property and one OF the very counts
committed and the action under the proceeding was
had that resulted indhe condemnation Of the property
referred to- This Indictment does not cover the time
alone in which the first proceeding was confined.
and II the gentleman had only read the Indictment
he would have noticed that There are other counts
in the indictment, which brings the offence commit
tober, 1867 down TO April ls6s-three indictments
covering offences committed long after the proceed
were commenced-so that the statement that the
who were on the trial OF that case are ma
teral witnesses IN this case Is not Of much account
II IL strange that counsel who last addressed the
Court lMr. Fullertonl should know or assume to
there has been good deal OF as
sumption presented here since the commencement
OF this discussion--it Is strange. repeat, your
Honor, that he should assume 10 know what wit
nesses the government intend to call. He assumes
we are going to call everybody beg to inform the
gentleman that shall call everybody who knows
anything about the commission OF these frauds In that
lstillery dating from October 1867, TO the date VI
This indictment.
One word more, your Honor. An EFFORT has been
made the part or one OF the counsel to create AN
impression that am acting under personal feelings
rhe cry OF personal feeling seems to be their
panacea for mitigating all charges and crimes
against persons presented by the Grand jury.
Mr.. Beebe-I say you have feelings mixed up
with 10.
Mr.. Courtney-Yes your Honor, have feelings
mixed up Ia any case where am called 10 prose
,ute and should be derect In my duty II had not
such feelings, especially In like this, where
he evidence is so clear and overwhelming against
hese men OF systematic robberies committed by them
n this city. In these days II seems that whenever
public officer endeavors TO do his duty and TO bring