The New York herald., 1870-04-02
vxlltu STATES CIRCUIT COURT.

Can n Party Accused Be Held 20 Answer an
Indictment TO Which He Has Pleaded ia
One state When Removed for TrIul to An.
ether staie-An lndiciment Quaslicd.
Before Judge Benedict.
The Unied States Us. AchtIe Patev.-A rather I'M
poriant question was discussed in the Circuit Court
yesterday when the case Of the defendant called
up. Patey was arrested some six months ago on q
charge Of having counterfeit 'precnbacks" Of Inc
Emitted States Of various denominations IN hls pos
session, with intent to pass the same. Upon this
charge he was subsequently indicted. Some time
after that he was taken to New Jersey ana thcrc
indicted for having engraved plates for the coun-
tcrfeitilg Of revenue tobacco stamps. lie was ihen
returned TO The custody OF the authorities nere uhal
she term VI the court liked ior tho triai o efinis
Cases.
On the calling or the case yesterday,
Mr.. Samuel u. Courtney sald he MAS ready ior the
Assistant District Attorney General Jackson asked
that he case he rcservcd.
Mr.. Courtney--Un wnaJ ground
Gene u, JacSson--fne defendant has been taken
10 New Jersey 10 await trJal there.
MIR. Conrtncy-'fhen move mat the Court direct
y Eue prosesiui TO be entered the Indictment
1nc aeicnoant WAS inacted here: was Tor six
months IA jul. under Dcuch warrant The case
WAS SGT DOWN Tor trial here Today aud the defence
ready ant new &c turns out That tie defendant has
been taken OIL lor. trial to New Jersey. suggest
tEat the court c;lno. De dyested OF ls jurisdiction
III tnls way. bnt rs ;hls course mas beel ,aken
move that nolle rroseqni be entered IL TINS ndict-
men.
THE INDICTMENT QUAsHED.
Judge Benedict SAID That the iacJ OF the defendant
having been removed to New Jersey had peen made
Kncwn 10 hlni ana his attention particularly called
to the fact lie had cOnsliieo win Judge baichiOrd,
who mad granted Ire order ior his removal II seemed
that the man Is charged with beng engaged IN cuuu-
1erieitng tobacco stamps IN this district, and has
been Indicted here and Kept III custody some SIX
months. lie was arraigned and pleaded guilty but
subsequently declared he mad ooue so under mis-
APPREHENSION, withdrew the piea and pleaded
not guilty, and awaited his trial; .,,tii waich
did not consider IL consistent with justice to hold
hin under The circnnsiaDces--that the defendant,
iniicied for a graver offence In another district
alter suffering SIX monlns' Imprisonment for an
Chence alleged 10 have been cO1;nitreu IN this DIS
tr,ct slOu. Il be remande1 ConcelvtlI mat justlcc
punishment from an act OF the court IN criminal pro-
ceedin2s lie wcnid save the District Attorney from
the responsibility OF moving Tor n0lle prosequi by
arecting tnat the indictment IN this Court against
tite defendant should be qlashed. The Otder OF the
Court therefore, Is that tile defendant be discharged
on Inc indictment
Counsel for The governments General Jackson,
Assistant District Attorney; Tor tho prisoner All.
samuel g. Courtney.
The Alleged vcitnan Enibezzlement Case
The Defendant Discharged.
The United States rs. William r. Veitnlan.-Thc de-
fcndant was formerly connected with the Fourth
National Bank IN this city as bookgeeper and was
charged VITA embezzing q considerable sum O.
money from the Institution.
At the opening OF the case counsel for the defence
called the attention OF the Court to the fact that there
were. In his Judgment, defects in the lndicG
ment. The pank was described as having been or
ganlzed on June Is, 1867, when the fact was that
was organized February rs, 1863. ad he counsel
contcnded that tnis aud other defects lie Gould pom
out were fatal.
lie Court ruled that the dercct was fatal, aad
thcreupon ordered the discharge.