The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-02-04


Before Judge Benedict.
The court, in pursuance to adjournment was not
opened till one O'Clock p. M, Judge Benedict being
detained by other business in the Eastern District up
70 that hour.
The Watson, Crary and Pike Case.
The United states vs. Watson, Crarv and Pike
The defendants, in whose behalf special pleas were
interposed yesterday and overruled, were indicted
with removing whskeY from distillery In violation
the course OF public justice. The case against
the defendants was called and themselves
S %asson u as@ Rsrs in court and
PLEADED not % to s %as
the court that Mr. Crazy was very SICK confined to
his home, and would not be able to be in court to-
morrow the day fixed for the trial OF the case. His
eli mt was by his indispositon prevented from plead
ing here to-day, and he tcounsel was certain he
would be too indIsposed to appear on the day liked
Judge Benedict said that counsel would have to
be in court Tomorrow thsl morning, when the case
would be called on, when he could renew his motion
Tor postponing the trial.
The Leipzinger, Beninger and Caliaghan
Ell Case.
! The United States Us. Letpzfnyer, Beninger ana
Couagh0n.-The defendants are jointly indicted on
charge Of removing whiskey from distlery in
violation OF the Internal Revenue law and with con-
spring to derraud the government.
The defendants Lepzinger and Callaghan were
in court and pleaded not guilty.
On the part of Bennger Mr.. Kunkel, OF counsel,
appeared and moved for postponement of the trial
on the ground that his client was sick-sutiering
from an attack OF gastric fever, at the same time
presenting an adayis q Rnys,can to that h eect
bic to leave his house Tor the last ten or twelve days.
Mr. Courtney, United States District Attorney, OPP
posed the motion calling the attention OF the court
10 the very remarkable coincidence That one other
OF the defendants-sometimes their counsel-as each
case was called up LOT tras on anese Wn,sSey anas
venting their appearance In court and the prosecu-
tion Of the case Counsel u appeared had got over
their sickness, but the defendants themselves were
still too indlspOsed to come forward. THIS epidemic
threatened to prevail till the end OF the term but the
cause was too manifest and the excuse too finsy
to have any effect on the Court. These pleas
of sickness were pleas for representation and delay
the cases could not be tried by his Honor during this
term, and beyond that was the hope that in the
changes that might be expected In the District At
tOrneys Office they would escape trial and punish
through these pretexts and knowing the character
Of the men he and the Court had to deal with, had
lost all patience in being compelled to submit to
these continued delays. He hoped the Court would
40 some.nag 70 remedy TINS mater ana 70 compa
and be subject to the laws they oil and sepa-
rately charged with violating.
Judge Benedict said he fully concurred in the sug
gesti0n put forth by the District Attorney that
order OF the court should be made to remedy the
evil he (Mr. Courtney complained Of He would,
therefore, so long as lie presided in this court insist
from enceforth that on motions Of counsel for che
postponement Of the trial Of criminal cases on the
plea OF the sickness Of q defendant witness should
be put the stand to testify to the fact OF such Ill
ness and to be subject to the cross-examinaton Of
the prosecution SO that the Court might be able to
determine the necessity for q lengthy or a
brief pOstponement as the motion might ask for.
The Court further added that this rule would apply
to the motion Of counsel previously made on behalf
OF the defendant Crazy who counsel represented as
being too sick to appear for trial tomorrow.
MIR. Barrett, counsel for Crazy, was notified accord
lngy.
Office.
The United STATES Us. Thomas CaHum.-The de-
PENDANT, who was indicted with embezzling letter
from the Post ONCE and destroying the same, ap-
peared before the court and withdrew plea of not
guilty previously given by him and pleaded guilty of
the offence charged against him. Remanded for SEN
fence.