The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-01-06
NEW YORK CITY.
THE COURTS.
UNITED STATES DISTRICT coua


The Blaisiell and Eckel Case-An other Post-
ponement Obtained by Defendants' Coun-
sci. 4I@
Before Judge Blatchford.
The United States Us. Alpdh BdiSdeu and J. J.
Eckel.-This case, which was set down peremptorily
for trial yesterday, was again, on application OF
defendants counsel, further postponed for another
week. The prosecution has been anxious to get the
disposed Of not only for the ends Of justice and
for the Official character or the officers OF the gov
ernment in this district but also account OF the
pense these protracted and frequent postponements
entail upon the government. Collector Bailey, who
first brought the charges against the defendants, has
been untiring In his efforts TO prepare the case for
trial, and for several weeks past has been waiting,
with plans perfected and host OF witnesses to be
examined, ready to go into court. The reason ad-
vanced for the postponement on the part OF the de-
fendants counsel is one that Is always accepted by
the and always prevails with the judges-that
Is, the sickness Of counsel On one Of the previous
deiendants' counsel, obtained brief adjournment
ON the plea OF Illness When next the case was
objected successfully to the legality OF the venire
morning the same counsel Mr.. shafer, in conse-
quence OF severe Illness, applied for and obtained
another postponement OF the case for week.
Judge Blatchlord having taken his scat on the
bench, the clerk called the panel or jurors that had
been summoned specially in the case.
THE DIsTRIor ATTORNEY MOVES THE CASE FOR
Mr.. Courtney, United States District Attorney, then
moved for trial the case of the United States VS..
Alvah Blaisden and J. ]. Eckel. aNNN
MOTION TO POSTPONE.
Mr. Ira Shafer, addressing the Court said:-May
1t please your Honor alter the disposition made Of
with my associate counsel as to the conduct Of the
defence It was found that my views In regard to the
theory to be followed for the defence differed very
widely from those entertained by them. Ultimately
these gentlemen have accepted my views on the sub
jec and. therefore, the entire responsibility OF the
Honor, to make an application for a postponement
Of the trial Of the case. Since the previous post
Rom which have Suffered good deal and from
which am now in great pain and utterly unable TO
remain in court. have therefore, under these cir.
cumstances, to ask your Honor to postpone the trial
till such time as shall be In condition to take
charge OF the interests Of my clients for, as your
Honor will understand that by reason OF the facts
stated by me- practically the defence rests with me,
aided, OF course BY the other counsel.
Mr. Courtney said that while ne nad no doubt OF
that he was in fact suffering from illness. yet the
Court would remember that the trial had already
Of the counsel for defence. npostponement were to
be granted because or the plea OF illness OF each
MoUS s te $ II e
which appeared to be Just as near now as II
against these DEFENDANTS Blaisdell and Eckel. On
previous occasion Mr. Mccarthy appeared as de-
to 20 to trial. And besides the learned gentleman
who has moved for this postponement on account OF
his illness there are two other counsel In the case
Mr. Mccarthy and Mr.. Knox, the latter the principal
In preparing the defence procuring witnesses, &c.
therefore submit your Honor the Court SHOULD NOW nov,
thus be done these defendants, as they Will still be
defended by able counsel
Mr.. Shafer replied to the remarks OF the District
Attorney, and urged his application on the consld-
Grafton or the Court.
Judge Batchford said he was satisfied from the
fatfo mar nv
the case could not be proceeded with today. Al
though there have been postponements OF the case
the favorable consideraton q tn9 Court on an ap
plication for p0stp0nement. The Court knew how
We're thew were not 10 be- raed with and under
the circumstances counsel could not be ex-
pected to go on. The Court would postpone
illness, and whom 1t recognized as having the lead
in the Defence but with the understanding that
ntelfer with his Conduct o. the case when snail
be again called on. Under the circumstances the
case will now stand adjourned till Tuesday morning
When this disposition Of the case was made the
large crowd that filed the court room began TO dis
ing the great interest that Is felt in the case.
THE STEVENSON COTTON CASE.
This case II was understood would be called on II
nothing should happen to prevent the Blaisdell
case from proceeding. Counsel were present and
announced the case ready. Judge Blatchford, to
enable counsel to procure the witnesses allowed
the case to go over for the day, setting down to-
day for the trial.
Petitioners In Bankruptcy.
In the Inst OF parties who filed petitions in the
Bankrupt Court for the week ending January 2, and
which was published in the HERALD yesterday
morning. the name OF petitioners counsel, Mr.. r.
c. Taman, was substituted for the petitioner him.
self, John II. Roberts.
Arrnignncnts.
Alvan Blaisdell, John J. Eckel, John McClaren
and Joseph J. Yates, indicted for ilIictly removing
whiskey from dstillery and conspiring to defraud
the United States, and Jacob and Moses Depuy, in
dicted for obstructng the Marshal In the execution
Of process were arraigned and pleaded not guilty.
and the former were held In 5000 and the latter IN
81, 500 bail for trial.
SUPREME COURT. >
The Express Companies' War Judge Bar.
nnrd vacates His Orders Of Injunction and
Receivership.
Bldtchyord Us. the Merchants Union Express COM
- no.~ v4feST rD{n nm