The New York herald., 1869-01-17
NEW YORK ; csTY.


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THE COURTS.
-.-.>~.~~s-->>-sSs =, - 49,
ee uHES sTATEs encuI couaT.
CA.yss = P.sul.s CesssssSsls Nssss..I Cur.
sKA s Before Judge Benedict
y 1ne United States %. WtgfGuS Ralt0n-1he -
ssndant was indicted with having counterfeit M
tional currency, with intent to pass the same and
70 defraud thereby the government Of the United
States. In this case motion was made 70 post
pone the trial point OF law raised BY DEFENDANTS
Epunsel that the defendant was tried Trenton, N
for the same oiIence charged n the ndlctnent en-
s. allowed time 70 enable counsel TO bring the
me cour ssnsd Ss pnnS
aown the hearing Of the case for Thursday. Mr.:
states Assistant District Attorney, for the govern
ment.
Charge Of Perjury.
TAe United states Us. George Barry Daufs.-The de-
fsndant in this case u charged on tho afidaut
Of Collector Joshua r. Bailey with perjury In
. complaint which Davis made to police
magistrate, ana also before . United States
Commissioner Of this court. It appeared that
tne M defendant during the summer Of 1888 came to
were then being committed on the revenue or the
Omitted States on certain premises Nos q, % and rs
WITH others ''s Was W 'nas others ns IL ss
commlssion Of these frauds, and requested the Col
him, to commence proceedings against him Davis,
and others Ior these alleged frauds; and In order, as
n ss M States s m s uWs wSsn the he
and method q these frauds, that he should Be put
him By defendant Collector Bailey after consultation
with the Commissioner OF Internal Revenue and the
District Attorney, made an a1davt OF the facts furn-
1ahed him by Davis as to his information and belief
and proceedings were thereup0n commenced against
Soao Davs ana other parties before United States Com
sor ths. aTest Of Davis, who was held
nomnsiX y. IN the custody Of the Marsnal
ltwas found that there was no foundation whatever
for the statement Of Davis to the collector to the
that the whole story was groundess and false. Mr..
Bailey then abandoned the proceedings in the
arrest BY the consent Of the prosecuting oicer sub
toquenoy DAVIS appeared before police magistrate
e r s Il %sang 1qnE1sS s
him by DAVIS himself The defendant subsequently,
q the proceedings before the Commissioner against
NJ. Bailey, proved by his own statement alleged
that he then ana there committed perjury, and the
Commissioners held him TO answer therefor. The
to leave the court to procure bail, when he managed
TO escape from the Marshal aud ned to Canada, and
warrant. The foregoing statement OF the case was
presented to the Court by Mr.. Bell, United States
District Attorney
Mr.. Lapaugh, counsel for the defendant, applied
for the postponemcnt Of the trial. to enable defend
ant TO procure important witnesses In his behalf
rom philadelphia Since counsel had entered on
the case he had discovered very earnest desire
press y to trial: Prosecuting counsel had alluded
70 the fact as stated byhtm that the defendant hav
Ing been arrested and brought before the Commis-
gi0ner ran away. He fcOunseD was differently in
formed on that point and his Information he would
prove on the trial: but he denied that Davis
nad LETT the court as stated, and to avoid trial;
tnat on the contrary the defendant had returned to
New York and went voluntarily before the United
states Commissioner and gave bonds In 81, 600 to
answer the charge against him by Mr.. Bailey. All
asked BY this application was the p0stp0nement Of
the trial Tor ten days TO enable counsel to prepare
Tor trial Une Of the principal witnesses is Mr. Jones.
Ine Court said the only point which attracts at
tentfon on this application for postp onement s the
absence OF the witness Jones; and the af1davit Is
1nsumcienk a. It does not state or show what Jones
can swear to. Whether he can swear to anything
material or mot this person s not now In the State
and It Is not set forth when he shall return or
whether he shall ever return. shall therefore set
DOWN the case for trial at once.
MI. Lapaugh-Y0ur Honor then win have to assign
some other counsel for the defence
the O0urt-Oh, no.
Mr.. Lapau2h-Tne responsibility / must decline
under the circumstances.
The Oourt-Counsel must Judge for themselves in
these matters.
Dfstrcs Attorney-we WIN be able to proceed on
Monday.
Tho Court put the case on the foot Of the calendar
sor Monday.