New-York tribune., 1868-06-17
THE COURTS.
THE KENTUCKY BOURBON CAsE-A CLOUD OF EX-
CIfSEs-THE DEFENDANTS, THEIR COUNSEL
AND WITNESSES UNREADY FOR TRIAL

THE KENTUCKY BOURBON CAsE-A CLOUD OF EX-
CUsEs-THE Defendants, THEIR COUNSEL
AND WITNESSES UNlEADi FOR TRIAL
The noted Kentucky Bourbon case was
called for trial yesterday in the u. s. District Court
before Judge Blatchford Mr.. Clarence A. Seward, who
il associate counsel with Mr.. Charles DOnohue for Mr..
Daniel Me.smore, Of the defendants said that his
client not ready for trial. as Mr. DOnOhue, the senior
coun sell was then engaged I'm arguing In the u. g.
Crcnit Court one OF the principal witnesses absent
Louisville. the seat OF defendants business; another
important witness in Montrca counsel had not had
time 10 prepare adayits OF these facts, and they had
supposed the would not be reached within ten or
twelve days IL at all tins term Judge Blatchford SAID
that the case had called the first day Of the term
and Mr. DOnOhue had then withdrawn as counsel ana
aid that other counsel would have 20 be
gagged. and the thus put of two
weeks ago, Simply 70 get counsel; ina That yes, yes
CueSay with the understanding that IL should be tried
Mr. Philip j. Joachmssen, Of counsel for Frederick J
Tnkham another defendant, said that his client
moi ready and that none OF the defendants had been
ralgned 10 plead yet Judge Batchford asked Assistant
Disrct-AtOrDoy Bell how that was. Mr.. Bell said that
I'm bail aso IL was usual to take the plea the day Of
trial motions might be made to quash the indictments
tho hour Of going 10 trial Mr. Joaohlmssen SAID II
was usual allow time Tor motions 10 qnash after pleas
were entered aud before trial. and defendants had not
pleaded they had night To have tine to move to guash
before trial II defendants ht. Judge BatchfOrd said
that these motions. II intended to be made should have
been made long motion could be made for arrest
of Judgment in 81 conviction. These cases must be
Hsehrord tali mr b6no6Ge haa nos %hdr%%
from the case, but had much other bust
attend to this case Judge Blatchford said that these
excuses were utterly frivolous TINS case must be tried
PENDANTS 10 staye of the trial indefinitely The defend
ants were thon called upon 10 plead 10 the indictments
which four In number against each The first ndict
mcnt accuses defendants Of conspirug To deraud the
Government OF the ia barrels Of whisky the
ond conspug defraud the Government Of the tax
loo barrels Of whisky the third OF doing business
rcctcrs without paving the special tax or keeping the
book for entries prescribed by law aud the fourth, of
usSs spurious brands on barrels OF whisky. Clark ii.
Sanborn pleaded not guilty; Allan H. Mills did not ap,
pear and his counsel entered plea OF not guilty Daniel
Messmore pleaded not guilty; Nathan c. Frost did not
appear and his counsel entered plea Of not guilty. High
and d. Chafiee reported Dead Charles \, Sanborn
did not appear and his counsel entered plea OF not
Mr. Bell then informed the Court that the Government
desired TO try all the defendants together and TO consol
date the indictments against them under the act Of 1853
Mr. MessmOre then appealed To the Court know whether
he would have 10 20 to counsel witnesses
He had supposed the case would 20 over TO the Fan term
one OF his witnesses In Texas and another in Mon
real. lie begged for one weeks delay Judge Blatcl-
ford SAID that II tue case went on Week t would not
be tined this term. No reasonable excuse had been given
Counsel knew long ago that the case would come up Tor
trial today CTnesday and ought TO have been ready II
defendants had not employed counsel who could be ready
II was defendants own aui as they could have done so
IL was obvious hat these were only peteNs To stAve on
the trial ExJudge Welcome r. Beebe, jr, counsel for
in good faith, and that to force them TO trial
would be maDlfcstly unjust. There other
present counsel were now leaving them as they knew
they could not have fair trial Ex-Judge Stewart OF
counsel for Charles A. sanborn said that the witness IN
Montreal was most important one as he was defend.
ants bookkoeper He had fed for fear OF arrest but II
probable he would now return. Judge BlatchfOrd
then said that nothing had been done heretofore TO pre-
pare for trial II there was an indication now, and that
their counsel had been trng with tho Court IL coun-
sci and defendants would act in good faith no would
be disposed under the peculiar circumstances OF the case
that the parties should suffer even for their
faults but the must be tried this term and he would
put 10 of till next Monday, but only with the I'M
derstanding that the trial must then take place.
DisrictAttorney Courtney, who, although suffering
acute pain from the effects Of illness,
present In Court for the purpose OF conducting
tho for tho Government. strenuousy opposed the
pOsponement unless defendants gave largeyincreased
bail, he satisfied that II would not be safe. and
that the interests Of the Government would suffer If,
after only portion OF tho defendants had appeared and
they reluctant for trial. the amount Of bail should
be continued. Counsel for defendants SAID that that
ought 10 be done in the OF those who had APP
peared and who had always been ready and for
trial. Mr. Courtney thought that after what had trans,
pred the less said about the anxiety Of defendants for
trial. the better II would look There not the slight
est doubt In his mind that all these ceenonous excuses
simply part and parcel Of plan 70 staYe of trial
indefinitely In tho hope that thing might eventually
turn up to prevent justice from being eted ont these
offenders He would move, at all egouts. that the de-
PENDANTS Who had not answered should BE- recalled their
reoOgnizaces forfeited and bench warrants Issued for
their arrest
This done by direction OF the Coupt aud Allan ii.
Mills, Nathan C. Frost and Charles A. SanbOrn's names
duly called their recognlzances forfeited and bench
warrants issued for their arrest