The New York herald., 1870-10-29
JUNGLE SAM" AFTER TAMEANY.


Its Validity Questioned Dsvis Rush
iOg" the Trials On-Judgo Benedict Don't
s,e It'"Tcny" Ea tmaa ia Snap"
Great excitement was manifested In the United
States Circuit Court yesterday morning, aud great
crowd assembled IN the building In conseau uence OF tho
announcement made by Judge Benedict on the pre-
vous day that tho parties who had been indicted for
violating the laws Of elccr.cn would certainly be
brought forward Tor trial. Those present, however,
were doomed to disappointment, as the Judge Init.
mated, on taking hs seat az eleven O'CLOCK that he
could not proceed with the cases yesterday. The
District Attorney, the Judge aud the counsel for the
defendants entered into lengthy controversy upon
these political cases. OF which iho following IL the
result
After the opening OF The court District Attorney
Uayis stated that no was sorry 10 learn the Judge
was indsposed ana unable to proceed win the case
OF Robert Clark, who IL indlcted tor Iitorng coun-
terreit currency
Judge Benedict 10 not feel able 10 20 ON with
the trial, owing to temporary Illness
District AUTOBIOGRAPHY, | will not urge on that
case, but l desire that The parties who were ar
ragned for violations Of the law OF elections be
called upon TO enter their plea, thar no question
may be raised at the trial. when the Court may be abe
to proceed with the business. have objection II
counsel desire it, that The pleas be entered without
prejudice to any motion they hereafter make to
quash the indictments, If they SO desire. have un-
derstood that IL Was intended raise the question
US to
THE VALIDITY or THE INDICTMENTS,
and the validity OF the law bya motion to uuash.
am willing 10 accord my consent TO the right TO
make that notion but must insist that the pleas DC
entered. Toe District Attorney proceeded to state
that lie was extremely desirous Of bringing those
cases to trial. and he was frank TO state the reasons
that actuaed him; thar by conv lotion OF the par
ties we might be prevented from the necessity OF
similar hereafter; Tor he felt that Ii coavic-
tion were had now 1t would nave the effect OF pre-
venting many commissions OF crime under the
know that these men were charged with one OF
ne highest crimes; 40 one could Justify
no man could Justify attempts to violate the laws OF
the country touching The purity OF election; and that
was the very reason why he felt that the preyento
OF crime wa3 the wsest policy OF the government;
and II conviction could be had Of the proper par.
ties 1t would prevent the commission OF numer Gus
crimes within tho next few days. lie hoped. there.
fore that the Judge womb request the defendants
TO put IN tner pleas, aud II his Honor was not able
TO SIT Saturday to-day he trusted that the carl.
est possible day would be assigned ior The trJa or
the Indictments.
JUDGE BENEDICT
said II was proper 10 state for The Information of
counsel that when he was informed by the InIct-
ments tnat prosecution OF this class was likely 10
owing to the novelty OF the law and the fact tnat 1t
was to be enforced III various DISTRICTS those ques-
tions might be disposed o. when The presiding Judge
should be present. lie had presented that view 10
tue presiding Judge and ne assented to II. His de-
termination, therefore, was that he would hear no
question that Involved discussion until Judge Wood
rufr should be present lie would receive plea or
guilty or not guilty from the defendants or listen to
motion as TO bail, but no other question could be
brought unless in the presence OF Judge Woodruff.
MIR. EDWIN W. sToUGHToN,
the part OF the defendants. said he was clad they
rtintr
disagreed upon and issue. the question could 20 To
tho Supreme Court cf the United States. which
lie was not Owing 10 the indisposiGon 0 the Judge,
disposed TO reply at any length TO the remarks or
tain the motion that the defendan-s should p.ead
now, he had sonetiiDg TO say why they should
csscs While they wed put no s IS IL the the
way Of the trial ~ might be that either one the
other or the Judges would he sufficient, as In the
Rosenberg case, to raise these questions There was
10 necessity IN this case for plea oi guilty or not
guilty at that moment. When the two Judges should
be on the bench Defendants couasel would AJAX Il a.
rec0n Of the Court, II the Court saw III TO give Il.
as 10 the best mode OF
RAISING THOSE CRAVE QUESTIONS
nv demurrer II that was the best mode. They were
lndiSposed 10 put In plea then unless compelled to
do 90 BY the Court All the parties were under ar
Ts ana .her6cenld therefore ne no possible urgency.
the Distric. Attorney lie said. was the pioneer OF
,he law, but ne had that morning expressed singu-
lar sentiment, such us he had never before heard,
namely, his purpose In going on with these prosecu
tons.
JNimT-It ~ uhriS-S JOti. uSCuFSftlg tIlI9 nDg
ter II counsel have determined not 10 put in pleas
for the ieiendants upon these grave charges, put
tne cases over until Monday morning. ] shall make
no order In these cases except with reference 10
ba,l.
District Atorney-Wili you not set there cases
down for t!ia!,oD Monday morning that they may be
lrjed2
judge VIII make no order. You can move them
ON tie earliest doy, when Judge Woodruff VIII he
here.
This disposed of the case.
THE GREAT INDICTED.
in Ii.n tnlln rSuv f.,v
thcr Observation-Disclosures Brew, for fraudulent
registration; Morit2 BroOkman ard Police
Justice Anthony Hartman, Tor intcrference:
James Donovan, u Tammany Inspector; James
Barclay OF 40 Bowery, for fraudulent registration In
the fifteenth district Of the Sixth ward Robert An
derson, for fraudulent registraton Owen Cannon,
tor rescning James Eyilind from the custody OF
Deputy United states Narshal II. 7. Anderson in the
City Hall Park; Peter KeelaD and Michael Connolly,
Tor interfering with the supervisors In tile discharge
OF their duties Ia tue Fourth ward, and Lewis
Sawyer, 70 Laurens street, man OF color. for In
reference on the day OF registration. The cases or
Michael Meares, John Garry. Terrence Foley, owen
L. GRAY, Hermann Schroeder, John Moore, Edward
J0qulna John Murphy, H. Strauss and others Of these
are now botore the jury.