The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-12-29
NEW YORK CITY.
THE COURTS.
UNITED STATES DISTRICT cousT.
The Great Cotton Case-Anofhcr Postpone.

Before Judge BlatcnioFu.
The United States Us. Vernon n Secenson.-This
long pending and important case was peremptorily
set down Tor trial for yesterday. The defendant,
Colonel Stevenson, with his counsel, Messrs. John
E. Ward and Charles e. Whitehead, was in court
the legal gentlemen being armed with mass OF
papers applicable and necessary TO the conduct OF
the case Notwithstanding the frequent and alleged
unavoidable postponements which have from time
to time been ordered IN the case, 1t was pretty evil
dent that another postponement would be applied
for by the United States Dirct Attorney, Mr.. Court
ney in consequence OF the non-appearancc
OF two material and important witnesses for
the government. Judge Blatchford having taken
his seat on the bench was AZ once addressed by
Mr.. Courtney, who said-May 1t please your Honor
have to make q motion in the case OF the United
States VS.. Stevenson this morning for an adjourn
ment TO the 5th or 9th OF January next. AS stated
to your Honor some time ago, we had material aud
most important witnesses IN tine south, that we ex-
pected them here but that they did not reach here
yet. l sent subpoena q lew days ago 10 the
Marshal AZ washington. Tor the purpose OF having
these witnesses subpnnaed ana having them
here this morning The Marshal has made
return to the subp9nas--"Not found.n Your
Honor, IN some aspects of this case these wit
nesSes are very material ana necessary for the
purpose OF maintaining the issue on the part Of
the government IN this case. ! regret exceedingly
that these witnesses are not here, bul we have used
every possible effort 10 get them here Your Honor
KNOWS that we cannot compel the personal attend
ance OF witnesses from the distant Southern States
Both these witnesses have expressed their willingness
to come here and give their testimony ~ soon
ever they have returned 70 Washington, which wlll
be on the 4th or 9th OF January next. We consider
the testimony OF these Witnesses very important,
and II your Honor deems il necessary that / should
present these facts III the shape OF an affidavit VIII
do so. repeat, your Honor, thai without the lesl-
mony OF these two witnesses certain portions OF the
case could mol with SAFETY be presented a. this time
to the court Although | know yonr Honor has pc
remptorly sci down tais case Tor trial this morning
yet you viii hear al the usual and legal excuses Tor
postponement, even when such an order IL made. on
a motion for postponement. 4 supposed III good
faith, believed in good faith, that we would be
ready to-day and ilat those Witnesses would be here
TO take their place on the stand WIep called upon 10
give their testimony.
The Court think you must put your application
in the shape OF an AFFIDAVIT so that the o her sie
may know something of what these men are going
Mr. Courtney-I received this paper from the Mar
shall at Washington only half an hour ago. ex-
pected those witnesses TO be here. II your Honor
now gives me a little time / viii prepare the
at1davit.
The Court-Certanly.
After short absence the District Attorney re-
turned into court and presented an affidavit to the
BENCH setting forth the facts referred TO by him In
his application for further short postponement Of
Mr.. John E. Ward, for the defendant-what is the
date OF the subpgna9
Mr. OBSERVATION-DISCLOSURES "a. Your Honor, on this
ment to present properly the claim in this suit II
Is the 2Sth OF December, and only ask Til the
! am informed from three or four different sources,
will be here for the purposes OF this trial.
The COurt-Who are the witnessesY
Mr. Courtney-One is q DR.. hamilton, a Southerner,
who lived at the South at the time and was familiar
with the shipping Of cotton on the part OF the defend
ant. AS am Informed, he win testify US to the
marks the different bales OF cotton shipped by the
defendant when shipped and where shipped to,
and will show that the cotton was shipped
directly to New York. Sweetand, the other witness,
who Is employed in one Of the departments at
washington, mas IN ms possession evidence OF tne
and m nj
This Is most important case-imporant to the gov
ernmenc and important to the defendant-and am
iecLly as can. Under these circumstances the little
delay asked for cannot inJure the defendant more
postponement of few days. had direct COM
muncatlon from the Secretary OF the Treasury
stating that the witness (Sweetand) is at present
South on government business.
The witness (Iamilton) alluded tots not the Hami-
ton who gave Information IN the case.
Mr.. Whltehead-He is q brother OF mis-. a
Mr.. Courtney-Yes he is a brother.
Mr.. Ward, on the part OF the defendant, replied
He said: May please your Honor, that it may not
seem ungenerous that we decline, an adjournment
OIL this case FOR SIX days. or TO any adjournment
under the strict ruling OF your Honor Ihave to ask
ment to the present time. In February 1867, every
dollar of property that the defendant Stevenson. had
in this city was locked up under an attachment
founded on the affidavit Of one Hamilton, alleging
that in the spring summer OF 1866 Stevenson had
brought to the city Of New lSfs 5000 bales Of cot
and consequently by right of conquest to the United
States that he had converted that cotton to his
United States to the amount OF 1,0O000O Conscious
Of our own innocence and regardless Of any testi.
Mony ssy could , nns aganst u.s. we sa
and urged the case on for trial. Spring
passed away, and 1t was the close OF the May or
June term before we could get even a motion heard
before your Honor. On that motion the District At
torney appeared, ding bis own affidavit that he
be leved aud that he had good and substantial
to believe that Hamilton had been spirited away by
us. other atiidavits were flied setting forth that If
the Court would give the government another term
they would come prepared to show that the United
States had claim to this cotton. We fought
against this continuance, and urged upon your Honor
that II you did grant continuance you would
NJ least dissolve the attachment, and not en-
sail ruin upon us by these continued postpone
passed away December came, and Hamilton and
the United states government, or the Treasury De-
partment, has dissolved their partnership in the
firm, and Ward Burnett appearing as copartner and
AFFIDAVIT maker. Then the scene changed. Expert
e. nn 6nes OF coon had Deen
here, and that all the false swearing in the world
could mot, not establish sSdsn The the fact, for they
where 1t was stored-to show that some
one bought and that some one received
storage for it, In December, 1867, your Honor al
lowed them to amend the information by alleging
that the cotton was not brought to New York but
seized In the southern States; that stevenson had
1900 bales Of cotton III the Southern states,
tionng and including by name all the States where
cotton could be held. Ward Burnett appears and by
Boder than the present aniant-or the present
aliant has profited by his experience-giyes the
names OF persons with whom he had conversation
and with whom he swore he had conversed, and he
swcarJ that these persons told him that Stevenson
had converted this Confederate cotton to his own
use and In some cases he mentioned the bales. But
sooner had the Geographic wire flashed the news
Of this 10 Tennessee than voluntarily it is denounced
as falsehood by the persons this Burnett invoked
here.
1he Court lnterrupting COUNSEL said he was pre-
senting matter irrelevant TO the case Counsel must
apply himself to This particular application.
Mr.. Ward-I wished to show to the Court that the
atfidavts which have been made by the witness
ferred to to conversations he states he had with
certain persons are utterly untrue.
The Court-There is no record OF such facts.
Mr. Ward-You have, sir, the examination Of wit
nesses and their testimony before you.
The Court-Ihat Is proper.
Mr. Ward-I merely stepped out OF my way, your
Honor, to show that the witnesses would not wait to
be examined here; they were subsequently ex-
amined, however, by commission and here Is their
examination under oath. now come to the present
On Tuesday last we were here after various
sl,a nj nau tn cQep ned. Ia