The New York herald., 1870-01-26
TIE MARTIN WHlSKEY CRUSADE.

Manifested in the Proceed
ings-The Case Ad-
journed to Friday
In the United States COMMISSIONER Court
yesterday, before Commissioner Osborn tho case !
OF the United States vs. James Barker, Bam-
berger and others, was called mp for exami-
nation. This case, which has attracted great
deal OF public interest," on account principally, NO
doubt. Of the notorioty given 1t, and which was
nxed Tor hearing yesterday, was called up at the
hour nxed for the examination. Tho court room
Immediately on Ine opening or tho doors was filled
by seemingly very Interested and expeotant audi
tory. This Will not appear strange when 1t s stated
that Mr.. Joseph Bell counsel for the defendants In
the course of the argument whioh subsequently
sprang up. explained to the court that there were
not less than from thirty to forty witnesses sub
poenaed for the defence.
The principal affidavlt maker-though not princi-
pal witness in the case-the exJudge and ex-Metho-
DIST preacher, Mr. Warrick Martin, sat beside the
prosecuting onicer Mr. Assistant District Attorney
A. H. Purdv, during the proceedings, while Mr. Bell,
with whom was associated Mr.. John Sedgwtck,
quietly awaited the opening OF the case.
MOTION FOR PosrPONEMENr.
The Commissioner having called on the OF the
United States Vs. Barker, Bamberger and others.
Mr.. Purdy rose, and addressing the Court said,
I regret to say. your Honor, that circumstances
over which the prosecution had no control compeB
me now to ask for adjournment OF the hearing OF
this case. All the witnesses were subDGnaed for
yesterday IN order their presence without
rall here to-day. They arc not here. and, as your
Honor knows whom the fact Of their absence became
apparent, attachments were at once issued to COM
pei their attendance Every effort has been made
to get this ready for examination, but failure
has been the result in consequence OF some infu-
ences-I cannot say what, but 1t Is suspicious
fact that these witnesses, who were willing TO testify
and who were here yesterday, should suddenly nos
only absent themselves from this court but from
their places abode OF the witnesses TOR the
prosecution are present, but on conspiracy case
It IL necessary establish the offence committed
frst ana then bring in the collateral offences
charged. Now the witnesses to testify to the col
lateral offences are here, but the witnesses to the
principal OFFENCE as said before, unacc0untaby
absent. Under these circumstances l have to ask
an adjournment OF this examination.
Mr. Bell-D0 understand the District Attorney
to say that set OF his witnesses are here to-day
and that another set is absents
Mr.. Purdy-Yes; but NOT the witnesses to the prin-
establish the OFFENCE, and must first prove that whis
key was run on from tnat dlstiery, and after that
We have witnesses here present to prove latter
accusation, but the main facts ana the testimony
pss nas nsss " we ara no aDa to
to prove to-day. For these reasons have 10 ask
that the case be adjourned till such time rs we can
secure the attendance 0i our witnesses.
Mr. Bell-BefOre your Honor complies with the re-
quest just made for an adjournment Of this case
have to put In my most earnest protest against any
such proposed adjournment to these proceedings.
Counsel the other side had the whole business Of
this prosecution under control the arrest or
surrender OF my clients last week. The examination
was originally set down for Monday at eleven
oocH am perscty aware that nas
at his beck and call at least dozen officers con-
nected with .he government TO do all and everything
m
ance OF Witnesses There are three persons swear
ing to afiidavts here to matters within their own
sworn @ afadavits Of Snotaer party, the princi.
pal mover in this prosecution tMartln), made and
subscribed to upon Information and belief.
Now, / would suppose, Of course, that these
witnesses VINO have been IN constant cOmmunlca~
were commenoed would be- here to- day
and D6 examined; and IN anticipation Of tneae
being here the defence nad gone to the expense and
| OF twenty thirty witnesses who. whenever they
snail be called TO the stand Will show tnat this Is
OF the most Daseless prosecutions that was ever
brought before court Of justice These Witnesses
are In attendance, the defendants are here, and
now demand TO be confronted with their accusers.
THIS Ia not an ordinary case. your Honor. This
prosecution has been IN course OF preparation for
Inontls as can show you from the atloavl them
serves. The first alrdayit In the case was sworn TO
on the 22d september, 1s69four or five months ago;
the second AFFIDAVIT was also made IN September
and the third in october, SO that the Cover
has been In possession OF all the facts they can ever
command in the for these past months nOtwlth-
ernment now asks for an adjournment He says he
Is not ready. care not. say IN al fair
ness to myself and clients tnat we
shall not be required to come here with the array OF
witnesses and with counsel prepared to defend the
upon some future occasion 70 DO selected oy the
government after all this time Of preparation Be
sides. your Honor. ! am credoly informed land
nave every reason to believe the statement That
all the principal Witnesses IN this case were In TINS
building to-day, II they are not here at this moment.
And again, here assert, on my responsibility, as
attorney or this court and as counsel here that
At
contend besides, that We should not be obliged to
attend here again with expensive array OF wit
nesses. We are charged with deirauding the gov
ernment Of millions OF dollars OF revenue. The
allegations in tho AFFIDAVIT are specific and defined,
These parties swear TO other facts. We are here
to confront Jhem prepared 70 meet the case, ana
alter AL this time Tor preparation enjoyed by the
government we are told Cilat the prosecution Is not
ready to go on for the want OF witnesses on the day
set apart Tor the examination.
Mr.. Purdy said ne had had M0ncay fixed for the
examlnati0n without consultation with counsel for
the defence. but knowing that he (Mr Bel was par
ticuary engaged that day ne bad alleged II to go
over. With regard to the attendance OF Witnesses
and the expense thus incurred, counsel knew well
that MS witnesses would not De wanted till after the
prosecution had closed their case. Tne defendants,
Barker and Bamberger, had surrendered themselves
and the government was not afraid out they would
Mr.. Bell-No fear Of that. They will see this thing
out before they tnnk OF leaving.
Mr.. Purdy-This examination is for the protection
OF the government and for the benefit OF the
accused. There is no Otner court but the United
States Court In whlcn man can so defend himsef
missioner one before the Grand Jury, and finally he
has his Trial before jury OF his peers. This prelim
nary examination Is matter OF cOurte5y aud favor
to the defendant
Mr. Bell--In whas does this courtesy and favor you
speak OF consist?
Mr. Purdy-ln granting you an examination at ALL
Mr.. Believe Will lake the commissioners noting
on tnat
Mr.. Purdy-IfI had only my own judgment and
feeling to consult IN the matter, would have sent
It at once before the Grand Jury.
Mr. Sedgwlck-That would be contrary to all the
published rules.
Mr. Purdy-There are no rules requiring o pris-
Oner to be examined before commissioner
Mr. Bell-One suggestion, your Honor. do not
care any thing for counsel's implied threat OF send
ing the TO another tribunal but do say that
Will stand by the result OF these proceedings;
further venture TO say that your H0nors ruling Will
be 1na In the case, ald therefore care nothing for
the threat just implied, don't think counsel himself
VIII nave any taste Tor proceeding further than tne
| ruling expect here III TINS court
After some further discussion on the legal points
that may hereafter come In the hearing OF the case
the Commissioner decided on adJourning the exami-
nation till Friday next at twelve noon. The specLa-