New-York tribune., 1872-10-12
FIrLDSS TBiAB TO PROCEED.
TIE CONTROVERSY BETWEEN wM. A. BEACH
AND JUDGE GARvIN. --.---

TIE CONTROVERSY BETWEEN WIN. A. BEACH
AND JUDGE GARYIN.
A TRIBUNE reporter called yesterday upon
VIM A. Beach, counsel for Thomas c. Pields to make In
uuires In regard to the reported flight OF his client Mr.
Beach said in substance:
The report that Mr.. Fields has away Is simply falso
and absurd have Just received the information that
Judge Brady has refused my motion for postponeuen
and propose now TO make an affidavit, showing WHY
Mr. Fields Is hero and why not ready for tri
Tue affidavit viii embOdy the following facts ADoue
month or six weeks ago. called upon Judge Gorvin at
the request Of Mr. Ftds whom left In my ofice ana
asked him when he intended to call up the case OF Mr.
Fields for trial Judge Garvin stated that it wac the
custom OF Office to call up the of those persons
who were imprisoned On criminal charges Deiore tno
of those persons who out on ball. and that
Mr. Felds's case would probably not be called III 'ho
October term. / returned to my Office and gave the ip
formation Dir. Fields. who aid that under the crcu
stances he thought be would 80 to Sew-Oreans, where
he bad business TO transact, but he would bo back III
time for trial was very much surprised when heard
Judge Garvin, in contradiction Of our understanding
call up Fedss In advance OF tie numerous cases
Of persons charged with murder who are awaiting la
in the Tombs and believe that this case IA urged NJ
present simply for the purpose OF political capita'
have no doubt that when shall establish the facts to
the satisfaction OF Judge Brady he will lie wiling to
have the case go for the term. will hold myaelf
responsible Mr.. Feldss appearance when called for
have no doubt OF his innocence, and know tnat he
has not been guilty of improper act.
Judge Garyn was called upon by tBe rCpuTVoi 1nu ."
formed Of Mr.. Beachs statement. He said:
I think Mr.. Beach must have misapprohended me. IL
IS true that he called upon me- and told him that per-
sons imprisoned capital charges usually had thelf
cases called first but added that the case OF mr.
Fields was no ordinary one, and that MIR. Peckham
might fcel disposed TO call 1t up for tial at the De6h
ming of the term and that should DO governed entirely
by his decision and call up the OF Mr. Fields when
ever Mr. Pcckham should desire it. but that would
give Mr.. Beach ample notice of my Intention Mhch IL
was decided to call up Mr. Feldss case, Mr. Beach was
informed OF the intention two weeks In advance OF te
sitting of the Court and asked to prepare for trial That
certainly afforded him time enough TO inform his client
and TO secure Mr. Feldss presence. II the latter is In
Geographic communication with his counsel The ease
will be tried ON Monday unless unforeseen circum
stances intervene
THE MOTION TO POSTPONE THE TRIAL DENIED.
| The application 10 postpone the trial OF
Thomas c. Fields, which argued on Thursday Ia the
OF oyer and Termner before Judge John X Brady
was denied yesterday The following is the opinion IN
| full:
deemed IT proper consider deliberately than
possible the hearing the application postpone the
Trial OF this indictment, which IS srenuousy opposed oy
which may seriously affect the liberty OF the defendant
The views then expressed, however, only Confirmed
by reflection and recurrence to the authortes INC P
peal is TO tao discretion OF the Court II IL true bd hL
discretion IL SAID TO be an euI1gncned VIEW N Ac CdH
and correct application OF the rules OF law IT Is
TO be exercised with caution, however "heh ,ne
circumstances suspdous, or The papers presented are
insufficient in form and substance. In Grimm cases tue
must be scanned more closely when either OF me
elements exists account it Is said, OF the superior
temptation 10 delay and 10 escape the sentence ar th
law. The rules which govern the courts ~ tll5 ana
kindred elaboratey discussed ana ueeldsed
The People Vcrmelyea q COwen, rep. SOD ana III
was held IN accordance with an unbrOken current OF
authorities that. though the Of material wit
is good ground Or putting on tral when there
is for suspicion that the object II Decay, IL
should nevertheless appear that he cannot be procured
AT the when the trial is about TO be brought ana
reasonable ground 20 expect his attendance
at the term OF the court. The affidavit submitted
deficient in making statement OF the prObaDe
in the effort ascertain his place of residence
sOiourn. 80.
Considering, therefore, as may be done for the pur
poses notion that the testimony or the absent
witness may admitted, nevertheless the rules 10 De
observed complied with IL must Oe luIihtr re-
which, if IL be Suspicious, leads 10 criticism ahl
doubt Of the bona fdCS Of the application. In case Oh
this magnitude defendant should appear upon me
record he said also that, on the argument, the
Il ght of justice was nentlOheut anu as
understood conceded, and assuming that 10 De as de
clarcd DESTROYS all reasonable ground To exbtCL ms
this Jurisdiction and makes II the more apparent
that on the trial should not DC granted
Tne de ndant been indicted for some months, ad
although advised Of his intended tIai at any p1-e
uar term had time t0prepdre 10 meet tue charge
He should, IL is true, Afforded reasonable opIOf-
tuny to procure attendance OF material Witnesses,
but delay for that purpose only be granted upon
compliance with established principle
The motion is, for these reasons denied,