New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1870-06-28
COURT OF OYER AND TERMINER.

Before Judge Card0s0-The People agt. sam.
Gs D. BHee HaT tbts B,sSg Sa ~ Ja me
R PTSpGsso OF IN VHT
claimed was a libel against George Wilkes, OF Wiites
Spirit They were indicted by the Grand jury ~ the
called for trial yesterday morning Mr. T. d. Mccarthy
Who appeared for the defendants, made a motion I'd
quash the Indictment against Bruce and Busby ON th
ground that it worthless, charging no ocnss that
could be sustained He also stated a. another reasOnl
that Judge Clark had offered this plea Of not guilty and
that within two three days past additional c0unse
had been engaged, and, on consultation, they hal
thought it best to make this motion. The motion
denied. Mr.. Mccarthy then stated that behalf 81
Simpson, his oiense case Of mlsdemeanor. they de
INJURED TO the Indictment and desired 10 be heard on the
demurrer.
Judge Cardozo said that the argument on the demur
would be heard when the others were brought 10
trial. Mr.. Mccarthy then asked for a postponement
the trial OF the two first persons named lie said that
there were certain material witnesses living In the state
OF California whose whereabouts we're pnknogn "a.
defense had retained counsel there who had endeayerd
70 md them but had not uht recently suece,asd lb,
and residences were received on saturday, and
they had Immediately prepared interrogatores to bo
asked the Commission Ghe order for which Was
granted by Judge Cardozo) and served them the Dis
trict Attorney; some time would necessarily be con
sumed by the Dlsr1ctAttOrney in framing the cfoss-
errogatOres and IN obtaining the answers to the ques
subpoena had been issued also for Mr.. John b. Has
hns, but il was found upon going to his residence TO
it that he in Europe and would not return uD
iii some time In July Under this state Of facts be would
request pOstponement OF the day OF trial ~,
Ex-Judge James II. Whiting, who Is associated with
District attorney Garvin In the Prosecution said In OPP
position to the notion that the article I'm question was
person who Penned IT knew that IL was true or he knew
that il false II he knew that II was true the ~
witnesses TO prove its fasehOod az his left. Tic
gist of this charge that Mr.. wilkes has lived upon
bovs i'm fhe street pointing to him, san there goes
Jail bird" Now, what have we, Mr.. Wilkes on The one
having been brought up in brothel; charged With aV
ing committed forgery with perfect knowledge andi
presents himself before grand jury ana s1yi
the question must now be settled between mel
RIGHTEOUSNESS. L would have il Is free ~ ar and
would have il pure 1t should he free, aud Nhee
every man will say amen to the perpetnaflon 81 k 10
hcan institutions. IL lis complaint made by tie .a,"
of one public press against the editor ot ahothtt P
press But when this penned should mol llr 'ito
of this newspaper know whether u Sas rue OF
IL was false Whether the lines OF their paper were @
down with streams Of Oboquy and reproach ana i,.s
nityi II has either come to this that inc tost Is ~
feet nriyae character against the attack 81 the p'
press or the man must protect Il himself II Was hot al
uncommon thing to hear OF an editor ntlng slol
they would do 10 themselves. A.. 1000. .- -
In conclusion he said that there were hnl one l
questions i'm the inteTrOatOries that had Deth ptsI
10 send to California that were important In reau
Mr. Hsskins, he did not know what ms eNiasn1' 49,
he Mr.. Wilkes born in this city, ana hah diN"ysI
lived here and II he Was brought mp ia a 'to'H''
charged il could be readily PTGye yea mere mere epayord
to check the Of b6elous mater nwey@T disas
their best 10 bring Mr. Wilkes t0Jusuce C,rt bsV
IRONS tbe result ~ their endeavors Inc Iohr.s NV
thought george wilkes coid ios rIpeI wss mn
s S5 Se e s tbs George wilkes who publishes news
lady 20 fta, NEott d''A' a.
10 Ianouaee Mr. Mccarthy then commenced to read
an article from wakes Spirit but was interrupted ~
Judge Cardozo who said that IL had nothing 20 do Tiib
the case Mr. Mccarthy said that he offered to Iead
answer TO some remarks made By Judge Willing ON
that article they had hunted him 10 the Police COURTS
bnt neither there OF elsewhere hd they been able TO ma
Justice against him. -. 49, Ill. -. u.,, d, mon. /
dnicut than 10 decide when delay was asked inc uc
PENDANTS had been guilty OF very great tdehfs ~
stage OF the case. Ldohes In waiting Tor the ~ M
befre they sought hud their witnesses nm
paring their heterogeneous Elk N'ehs NV. SIN he
heeessarily wasted by them in preparing theia n@s
was inclined 70 give them an oplortnhl,! - I.ssion
the evidence they said they bad IN thtI i,sr,ega
with reasonable diligence they could GIT theI bs
mons returned by the third Monday OF july 70 ussins
adjourned the case. In regard TO ny Bonn tos for
his Intention OF leaving the country was yd nof a.,
some time previous 20 his leaving, ahu 1 A., ayrrs
cent that a. an excuse for any further ,S r..
ment was then made between cOunsei ~ lts ,ay
nterrogatores FOR the witnesses III ~. ~ U.skins
and also 10 prepare a commission 70 sen" ~ "
i, Lnp