The New York herald., 1870-03-01
Close of the Prosecution in the Cook
Harrington Case.

The case OF the United States va. William Fullerton
came up rather unexpectedly but very oharacteris-
ucally yesterday before Judge Woodruff on motion
for s.ill further postponement. Since the initiation
OF the case in the United States Circuit Court by the
presentation OF true bill OF indictment against the
defendant there never has been case on the docket
OF the court SO oostnacly, persstenty ana success
fully resisted whenever called on for trial. as this.
Postponcments followed fast on the heels OF post
ponemcnts, though every step or ground was con.
tested py the then United States District Attorney
Mr.. Samuel q. Courtney. That good grounds were
not on all previous occasions advanced for motions
similar to that made yesterday is not to doubted,
but none could be possibly stronger and certainly
none more to be deplored. than the one presented
yesterday-the serious illness OF Mr.. Charles
O'Conor. 1t was upon the ground Of this eminent
counsel's illness that Mr.. G. A. Seward moved iOr
p0stponement OF the trial till April next.
Among the talented counsel present on the occa-
sion wereSMcssrs. Stoughton Burrill, Anthon and
Seward for the defence, Mr. Charles O'Conor, as
before intimaIed, being absent In consequence OF
severe illness.
Mr.. Seward, on behalf Of defendant, formally
moved, on the affidavit Of Mr.. Fullerton, the
accused, together with the reading Of q statement
setting forth the serious illness OF the principal
counsel for the defence Mr. Charles O'Conor for the
further postpoement of the trial OF this case till April
next II was urged by counsel that Mr.. O'Conor
had been entrusted early In the consideration OF the
defence with most important papers-papers, in
fact vital to the Defendants case and which were
still In the possession OF Mr.. OConor and could not
be procured 80 as to be used or put In evidence
within time briefer than April next Under these
circumstances counsel pressed for the postpone
ment OF the case I'LL the frst week in April.
ME-. CHARLES o'coNoR's STATEMENT
was tnen READ: he states that he had been associ-
ated with Mr. Fullerton IN the profession the law
that he mad taken up the case, and did not receive
and should not receive any compensation for his
services; shat he had examined all the evidence
against Mr. Fullerton and that he had not deyiatcd
he believed, from any principle Of law, morality or
OPPOSITION TO THE MOTION.
Mr.. Pierrepont, United States District Attorney
etrenuOusy opposed the motion, and In the OF
his address to the Court gave hstcry the case as
lie could remember 1t and as the prosecution desire
present 1t, with running sketch OF the innumera-
Die times the trial had been postponed. This
Fullerton controversy was fast drltting into as
great mystery as all the circumstances and causes
OF the Schiesw1g- olsteln war; which oday puzzles
the memory OF the ablest statesmen and diplomats
OF Europe. No DOUBT the readers OF the HERALD
may imagine that they have made themselves mas
ters or all the points at issue between the govern
ment and the defendant. But after all, II brought
the test, they would no doubt eXclaim like Lord
John Russell, who when approached for information
as TO the casus bell In Schlesw Ostein said that
known anything about 1t were Two others and him.
sei-tne Two mad died and he had forgotten all about
~. % VIII tAiS case iii us reSusci,atl0n q lew
weeks ago, when the trial was set down for to-day.
Judge Plerrep0nt, In resisting the motion con-
tended tnat the motion now made putting off the
case to April meant nothing more nor less than an
lndeinite postponemenJ-a virtual abandonment
In TACT OF tne case rhe first Tuesday III March mad
been pereIploriy fixed for the trial, and now wnen
ell the witnesses had been subpDnaed, ut great
expense to the government, 10 appear here
typed motlon for another lengtnened adjournment.
Mi. Plerrepont, In conclusion, made an urgent ap-
peal TO the Court to per further obstacles to be
lntervened Tor the postp0nemeat OF the trial.
Judge woodruff took the papers presented and
then entered on a brief review OF the various ad-
journments that had been already granted In the
case, and the reasons from time to time advanced
Tor the same. lie did not the sad) believe that the
absence OF MIR. O'COn0r, through any Illness or any
other cause, was sufficient ground Tor the postpone
ment OF the case. The defendant, an eminent lawyer
himself had tue ala CT Numerous other most able
counsel employ ed IN his defence. He Judge Woodbury.
thought tnat sulclert diligence or desire mad nos
been exhpited to procure the missing documents
so much relied on for tine defence and which 1t was
said were III tile special custody and safe.keepng of
Mr. O'Conor. Under all the circumstances--recog-
PAM the illness OF Mr.. OConor and the necessity OF
the production Of the missing paper-he would post
pone the trial OF the case for two days.
Mr.. Soughton, associate counsei tor the defend
Of Mr.. SeWard's motion 1or a postponement TIL
Aprl next, but succeeded only TO the extent OF put
ting over The case Il II next week.
Judge woodruff said that under all the circum-
1t. he would 80 far accede the motion Tor post
ponement by liking Monday next Tor the trial, upon
which day It would be peremptorily called on.
Mr. stought0n-i hope your Honors Will not deDar
MS from the privilege OF making motion for a fur.
lher postponement then, II necessary.
Judge Woodrun--lt Will be time enough to discuss
the point should such a motion be made.
The court then adjourned.