The New York herald., 1870-01-29
TEE MARTIN WKISKEY CRUSADE.
An Interesting session-Another Application for
Adjournment-Interesting Discussion Be-
tween Counsel-Attachments Issued for
the Arrest and Detention Of the
Recalcitrant Witnesses
Case Adjourned

hecalclrant Witnesses
Case Adjourned.
The case Of Barker, Bamberger ana others, which
was adjourned over from Tuesday last to yes
terday at noon, was a little after the hour fixed
called up by Commissioner Osborn, OF the
United States Commissioners Court. As already
stated In the HERALD the defendants
charged with having conspiTed with Others un
der bal! to appear for examination aud defrauded
the government 10y removing large quantity Of
distilled spirits from the dst.llery In Eighteenth
street. between Tenth and Eleventh avenues then
owned and run by Barker * Bamberger, TO a place
other than a bonded warehouse without having
paid the legal tax thereon 1t VIII be remen-
bered tnat when the case was previously before the
Commissioner Assistant District Attorney puroy
applied for an adjournment or the case in the alb
sence or his witnesses, who had deceived him as
to their Willingness to attend and testify and against
whom he moved the issuance of attachments COM
pei their attendance future day. On that occa-
sion, after strong opposition the part OF Mr.. Joseph
Bell, defendants counsel, Commissioner Osborn ad
journed the case til this morning.
Soon after the opening OF the court room yesterday
morning the immense throng that filed the halls
and corridors crowded in ana occupied every seat
and standing space outside the bar, while counsel
defendant a2d their friends with reporters OF
the press, gathered In force inside the rails
THE QUESTION OF CONSPIRACY.
The Commissioner, having caled on the case, al
dressed counsel. lie understood that there was to
be some argument with regard to the question OF
conspiracy charged III the atldavlts against the
defendants.
MIR. Bel-Your Honor, do not think Will enter
upon that argument just now.
Mr.. Purdy-Whatever argument is TO be made
upon the question OF conspiracy ought to be made
now rather than at any future stage OF the pro-
| ceedines.
| MIR. Believe prefer not to enter upon that argu
ment now.
| The Commssioner-The argument upon the charge
Of conspiracy must be made to-day, and II not made
will permit the District Attorney to put his evil
dence and establish the conspiracy, and In the sum-
ming up viii pass upon II, but shall no, permit
| any objections.
| Mr.. Sedewck-Your Honor will permit objections
| but VIII, no doubt. overrue them.
The Commssioner-You understand me rightly.
ANOTHER APPLICATION FOR ADJOURNMENT.
District Attorney ex-Judge Pierrepont Your
| Honor, have just peen informed that large mum
Der OF the witnesses who have been subpGnaed in
this case have refused 10 obey the summons OF the
i Court aud now propose tnat the proper alidavts
In the case be made and tat attachments issue and
the parties be arrested.
Mr.. SedgwicK--ln this connection 1t Is right that
the District Attorney should know, which he SEEM
| ingly IS not aware OIL that ut the last session a
similar KIND or application was mnie and that YOUR
Honor on that occasion issued attachments against
| these same parties.
! Mr. Pierrep0nt-I did not know that but II attach
mentS were served The Witnesses ought 10 De here.
The Comllissloner-lr reuucs ed tne District Autor-
ney to make application for attachments, but was
afterwards informed tnat the Witnesses had pre-
scnted themselves, and a sured the District AtGor-
ney that tney did not intend TO stay away.
| Rlr. Plerrepont-Witnesses musG obey the process
OF the Court shall see TO IL tDat they 90.
MI. Sedgwlck-l desire TO state sDeciically TO the
Court ana to the District Attorney, that no matter
what that oficers anxiety may be 10 get these ab-
sent Witnesses here-no matter how great his
| anxiety may belt IL no greater Jhal our own.
Mr. Pierrepont-Ihat Is the point / make and
| intend tna5 they small De nere.
Mr.. sedgwlck-we feet disappointed that the Dis
trlct Attorney did not serve ms attachments wnen
! he might nave done so and brought his VIII
| nesses here, and Enus have saved lie delay and
| hardship To our clients OF u second adjournment.
Witnesses In charge OF amasnal make their escape.
Mr.. Purdy, Assistant District Attorney--Attach-
ments were served a the time upon some OF the wit
ana were brought here, out tney repr sented
tnat the cause OF their non attendance was through
| mistake that they did not know the day, and they
were consequently allowed 10 depart have the
names OF tie witnesses upon wnom attachments
| were served.
| Comnlssloner-R the names
| Mr.. Purdy read the following names:-John VAL
demann, William Dougherty, Thomas Dougnerty,
| James Naldemann and Ernst smith. MIR. Purly con-
| tinued-i would say with regard 10 Two OF these
named witnesses, had them placed IN the Grand
| Jury room under the charge of deputy marshal (;
| but they managed TO make their escape and get OF
| about fifteen minutes ago.
be ISSUED FOR their arrest, and whenever arrested
tney shall be lodged III jail until brought here TO tes
Mr.. Bells 1t not fact that al least three or the
! witnesses for the prosecution were here IN ac-
tua attendance the last day OF ele examination
The Comnlssl0ner-l know nothing about that.
Mr. Bell ask the coulisely
Mr. Purdv--Not one OF them.
Mr. Plerrepopt-It is enough that they are not here
to-day, but we siail try to have them here, ana 1
shall see that the system OF dsoDeying the process Oh
the cOurG snail not conCnue
| The Commissioner-Whe the application was
| before made for adjournment | granted 1t the
condition that the case should go on to-day unless
| another application was presented based on such
grounds are here SCI fortn. Could not those wit
| nesses be found between this and Tomorrow
Mr. Bell-being here today should think they
Mir. selgwck-Your Honor will understand that
we want a day iXeu tnat WIN enable the District
| Attorney and the Marshal to nave the Witnesses
| mir. Pierrepont-We mean 20 una out what IS In
this matter and what Is the IusScc and truth Of IT.
! therefore, agree with counsel on the other SIDE
| Marshal, between now and the day TO be hxed to
have these parties arrested ana brought here; and,
| once here, lew hours VIII determine the case one
| way the other. what time do you lhiuk
Mr. Believe Carln0J advise
Mr. Mr. errePont,12u ,o ,a San ,Ss sn;gest
sucn time AS the District Attorney may Judge VIII
enable nun to say whether the Attendance OF these
parties can be secured as my associate said We
anxious as the other slde be that they should
appear and accuse us, II they have anything to ac
| Mr. SedgwicK-Your Honor, our only safety is IN
| having them mere To testify IN pubic. These neu
| may MAKE what aGidayis they please before
| notary publics and may swear 10 any iasehood
| because not alnenabe to prosecution and punish
meut; therefore, we want an examination so that al.
the shall be brought IL igh and The witnesses
held accountable Tor the truLh or lastly VI Gneir
\ testimony.
I THE QUESTION or ADJOURNMENT.
l Mr.. Pierrepont--That is matter oil importance. Ie
is important to every one conuected win THIS case
that tnere shoud be a thorougn examination, aud L
cousder IL my ofcla duty 10 dnd out who those
parlles Wao have been making eSQarie or false state