The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-02-05
NEW YORK CITY.
THE couRTs.
UNITED STATES CIRCUIT COURT.
The Observation-Disclosures Of Cases.
BEFORE JudQe Benedict.


OF the immediate trial OF some one or other Of the
whskey cases that are on the calendar Of the court
nd which have been called on and postponed, liked
several times for trial on certain days and again
deiencants' counsel and frequently on afridayits,
presented by tine defendants through their COUNSEL
setting forth their inability to attend rom sickness,
absence OF material witnesses, and other causes.
The Watson, Crazy and Pike Whiskey Case.
The United states Us. Ethan Z. Watson, George d.
Crayv ana s. N. PfEe.--This case, which was set
down for trial, was called from the calendar.
Mr.. Courtney, United States District Attorney,
moved the case on for trial.
Mr. Barrett, counsel for the defendant Crazy, APP
piled for further postponement OF the trial. He
(counseD had had interview with the District Attor
new in which ne had stated the circumstances which
prevented his clients attendance, and from the
statements made he did not believe he would press
pared to try the case He believed there were four WIT
nesses the court who would testify TO the facts he
that Mr. crarys Wiz was NJ to ts verge Of
and that the absence OF her husband at this time
would certainly hasten her dissolution He had also
the certificate OF the attending physician dep0sing TO
tins state OF facts Besides all this counsel, Mr.. Cn
ton, who had been engaged in all OF these SUITS is
now out OF town and cannot be here before to-nor-
row. and Mr.. Stoughton who came into 1t later, Is
engaged In q case IN the other court. Counsel HIM
self was not in condition 70 know the facts OF the
case to qualify him to go on with 1t. He had
spent the greater portion OF last night reading the
testimony taken In the previous trial OF Crazy in
OF the evidence that would be adduced on the COM
ing trial. but he had not seen nor spoken TO single
witness, and IN fact had only dim and oating idea
OF what that evidence was. Under the crcum-
stances he could not aud would not assume the re-
The Conrt~As FAR as this application relates to the
counsel in the case II was made ON Saturday last.
There are four counsel engaged in the case and the
Court then announced that some one OF these gen.
tlemen should be ready whenever the case should be
called II the counsel who had charge OF the
case from the fret was obliged to leave town that
was question between himself and his client, which
must not he allowed to interfere with the admins
on the CONDITION OF the DEFENDANTS family goes that
question for the District Attorney, and If he 1.-THE
District Attorney asks for proof OF the condition Of
the defendants family by having witnesses put on
the stand to testify thereto you must comply and
support your application by testimony
the number OF the counsel referred 10. He had only
been retained In the case a few days ago.
The Court-There were three counsel in the case at
the time OF the previous postponement, when the
Court directed that one or other OF them should be
ready when the case was next called. Seeing Mr..
Barrett In the case he spoke OF four counsel as en-
gagged at the present time.
Mr. Barrett hoped that the District Attorney. I'M
der the circumstances Of the case, and out Of his
Kindness and humanity, would not press the case on
for trial.
Mr. Courtney said that counsel had frankly stated
what had passed between them at the interview re-
ferred to; that Mrs. Crary, the wife OF one OF the
defendants, and who was looked upon by the prose-
cuti0n as the principal offender IN the case, was In
such condition Of health as required the constant
attendance OF her husband at her home in Orange.
Hovember and January last, when this case was
pressed to trial. the same excuses were made for the
posponement OF the trial OF this Indictment These
the trial was postponed nom time to time; and
when at last day was definitely set down for the
trial counsel into court and moved to set aside
the indictment on the ground that there had been
previous trial and that the defendant had Been
virtually acquitted on that trial. II Mrs. Crary was
The Court-Thc question Is, are you satisfied that
the condition Of the defendants wife Is not Of such
nature that he could not be hereY
Mr.. Courtney-I was making the statement your
Honor, to show that have no more knowledge OF
snail therefore Certainly require now satisfactory
evidence Of the fact. So far 81 | know Mrs.
Crary may continue IN the s same condition
ON these excuses Is virtual suspension Of the trial
Of the case and defeat OF justice.
The Court-C0unsel viii have to give evidence In
support OF his application.
Mr.. Garrett then read the cerncate OF the attend
ing physician OF Mrs. Crary, setting forth that de-
be extremely dangerous to his wifes health.
Three witnesses were called to the stand. who tes
that to the best Of their knowledge the defendant
Crary had not attended to business. They could
not positively swear he had not, however.
The Court, on the hearing OF the testimony, de-
cided that the defendant must attend for trial on
stances not such should be allowed to inter-
pose In the prosecution Of these criminal cases.
~ Barnet ra eest e pnSc woaa
Mr.. Courtney was willing TO let the case go on till
Monday.
The Court concurred, and the trial was accordingly
set down for Monday next Forfeiture OF the bail Of
Crary was then TAKEN
The BeIknap ind BlaisdcII Alleged Perjury
Case-Another Postpencment.
The United States rs. A. Beitaadp, Airah RaisdeH
and Oha-s.-The defendants are indicted for subor-
nation Of perjury in procuring parties to make
and subscribe to afidavits containing false and ma
icious charges against Collector Joshua F. Bailey.
Mr. Dant far noIEy nxyoI for a fs,r
ther postponement in this case on account OF the
continued illness Of his client In conformity with
she rule adopted by the court Of insisting upon
witnesses being put on the stand 10 testify IN sup
port OF the application he had several witnesses
W court 10 testify TO the sickness OF Mr. Belknap
nation OF the Statute in consequence OF these repeated
applications OF posponement, made IN behalf OF one
defendant only when there were other defendants is
pc proceeded with in the absence OF the defendant
Belknap as he had already pleaded personally to the
indictment and he appeared by counsel To answer.
Mr.. Beebe then called Dr. Kssauer, attending Bel
KNAPP who testified 70 the illness OF Belknap, and who
court this time. The Witness was r examined med
BY Mr. Courtney, but adhered to his previous testi-
the Court-It is evident that Belknap cannot be In
attendance to-day What course Mr.. District Attor-
ney, do You intend TO take2
Mr.. Courtney-Under the circumstances presented
TO the Court will ask your honor to set down the
case for Monday next peremptorily, and that the
or by counsel Viii then proceed with the case.
This IL fair notice TO Mr.. Belknap, and he must be
prepared in some way to 90 on. This case has
been already trfed with too much, and must In
sist that no further delay be granted.
The case was set down accordingly.
Ihc I.eipzingcr, Bcninger and Callaghan
Whiskey Casc-sstiIl Another sick Whiskey
Man.
The defendants are indicted with removing dis
titled spirits from distiIlery to place other than
bonded warehouse
Mr.. Courtney stated to the Court that he ready
20 20 on with the trial Of this case.
Mr.. Runkle counsel for the defendant Beninger,
moved for postponement OF the trial on the ground
Of the sickness OF his client Counsel in support OF
his application, said that DR.. Jacoby would have
been In court tins morning to testify to the con-
ditIon Of Mr. Bennger, but was unavoidaby pre-
vented rom attending. lie Counsel, however, read
. letter from the doctor stating the facts.
The Court said that the rule he had laid down to
meet these applications OF postponement In criminal
trials must be adhered to- and witnesses must be put