The New York herald., 1869-02-18
COURT or OVER AND TsaMREa.
The Rogers NIurdcr-ssJim' Logan No. Dis
charged ON His Own RecOGnizunce-rbe
Trial Of Denato Ma1aIdO Postponed.

charged His Own RecOGnizuuce-'rSe
: Trial Of Dsnato Ma8aIdo Postposied.
Before Judge Barnard.
Upon the opening Of this court Mr.. j. r. Townsend,
counsel for James Logan No. \ rose aud asked the
Court II any decision had been reached In the matter
OF the application Of the discharge Of James Logan
Judge Barnard stated that he had handed Mr..
Townsend's letter few days since to the District
Attorney and was awaiting his reply.
Mr. Townsend said that he had written no letter
70 the Court n.regard 70 his client, but that such
letter had been received It, perhaps, referred 10 the
Judge barnard said he understood that james
L0gan.No. had been already admitted TO bail.
Mr.. townsend said that writ Of haDeas corpus IN
the case vi Logan No. had been allowed ten days
snce py sSage 0aaoZo, ashsr VAIN Mr os su"se ae
peared on the return day. but this court desired 10
have the matter postponed for day or two, which
decision aud had attended al the Fifteenth precinct
ataon house meanwhile but learned that iils client
was stu neld and now wished 70 have the court
make an order In the matter If prepared to 10 So
Judge Barnard replied that In regard to James
Logan No. there was not sufficient evidence 10 hold
hlui and that he would nave been discharged at that
time but for some difference between counsel anu
the District Attorney the requisite steps had not
been taken: Tho confinement logan hal been sub
question OF etiquette between counsel, or something
other than the mutt OF the public officers q
Mr.. Townsend said that so lar as he was con-
ccrned there was no etiquette in the matter; put
that he did not want his client simply turned out Of
70 be formally aud honoraLiy discharged.
Judge Barnard then ordered that the authorities
being satisfied that there was no evidence 10 war
rant the further detention OF James Logan No. he
be discharged ON giving his own recosnlzance Ia
the sum Of $1,000.
of whom, such would lead to his arrest the Mayor
offered reward OF $4,000. giving minute descrlp-
tion Of the man, OF scars and tattoo marks upon MS
discharged recognized the description applying
IN every particular to HIMSELF and late the sat
urday evening following the publication OF tile re-
ward be coolly sauntered over to the Twentieth pre-
cinct station house and Informed the officer at The
dcsk that he himself was the object ofsthe Mayors
ing wing and he has been IN custody ever since up.
wards OF month. on suspicion OF being concerned
pocket Of the actual murderers coat giving the clue
10 'sJams Logan, city, Guilty men. knowing that
they are suspected, don't often surrender them
selves
Tne Court next called up the case oi the People
against Donate Magaido. Magaldo Is an itai,an and
Ia indicted fer tue crime OF murder in the nrst de.
gree, for having, on the 4th OF July, 1868. stabbed
ana killed one John Rayland In Baxter street.
Mr. n. u. Mccarthy, counsel Tor the prisoner,
stated that the prisoner was not prepared 10 go 70
triaL for the reason thai his counsel WAS now en-
gaged In the trial OF cause before Judge Benedict,
ia the United States Court. He asked that the
be set down for trial on Monday morning next MT.
Mccarthy further stated that the Jury IN the United
states Court had now bcen waiting quarter Of an
hour ior his return There was no other counsei ior
agaldo.
District Attorney Garvin opposed tire postpone
ment aud said he had given counsel ample notice
Monday last that the trial would be moved ior to-
DAY.
hr. ]. ". Townsend 10 defend the prisoner.
Mr.. Mccarthy protested against tue trial proceed
tng ami SAID That he was the only counsel who uii-
dcrstood tie nature OF the prisoners case. He did
not pretend to say that the interests or his client
would not be safe ia other hands ~ HIS but there
were about twenty witnesses to be examined and he
was the only person who knew anything about the
might be involved in this trial, and under those ctr
cuIistances he could not but deeply regret thai the
Court should find Il necessary to press the case
nj once. He was now engaged IN criminal trial,
the case OF Mc,enry alleged perjury before Judge
Benedict, and was tho sole counsel Ia that case,
which had been commenced on saturday lasl.
The District Attorney stated that Magaldo's life
wis perhaps In great danger, aud that under the
circumstances, the prisoner was forced 70 trial. he
uhe District Attorney could anticipate that Jury
might possibly be Inclined to deal lenently with him
under The belief thai the prisoners case might not
he "a fully presented as II would have been II his
own counsel had conducted II. lie would therefore
not urge Il on to-day, although was source Of de-
lay TO him, as he hadnot any otner cause the cal
endoT.
Afier some further discussion the Court asked how
long IL might take TO try the case.
Mr.. Mccarthy said 1t would occupy about three
days.
Judge Barnard said--Tt won't occupy three days In
this court; one session Of twcniy-four hours, ne
ahought, would dispose Of IT,
u was nnsily agreed and stipulated that the trial