The New York herald., 1873-07-01
UNITED STATES CIRCUIT CuuRI.

Judge Benedict sat yesterday in the United
States Circuit Court, and proceeded with the dis
charge OF criminal business.
The Atlantic National Bank-The Trial
OF Taintor Postponed till October.
Judge Benedict, in deciding upon the motion
for the pOstpOnement Of the trial Of Taintor till
October next, said Il wish to dispose of this case
as soon as possible ana In postponing 1t till October
do so for the following reasons Although the
District Attorney has admitted that Mr.. Kaynor,
the absent witness, would testify to the fact that
sne t ased tb the money OF the bank IN
several OF the officers and stockholders OF the
bank, that is not an admission Of the fact
OF the bank. II the District, Attorney
had admitted that 20 be the the motion for the
complexion. Taintors defence is that he speculated
with the funds OF the bank openly, and with the
sanction ana knowledge Of those in whose power
1t was to stop such speculation. IL is asserted In
the afiidavits upon which this motion is founded
that such state OF facts would be made plain from
to say that Mr.. Taint0r is entitled to the benefit Of
this evidence. Mr.. RaynOr Is one OF the directors
OF the bank and this. IN my OPINION is another rea-
son why the case should be put over until we can
secure his attendance. The public, l think, are
bound to have Il from his lips whether the directors
speculate with money placed there by depostOrs
Not Mr.. Raynor merely but every 0filcer OF the
bank, should be put on the stand and closely ex-
amined In reference to the manner in which it Is
claimed the business OF this bank was transacted.
The trial OF Taintor goes over therefore, till Octo
Der next.
The Case Of Carl Vogt-Writs OF Habeas
Corpus and Certiorari-The Writs Dis
misscd- The Prisoner To BE Extradited.
II was stated in . recent issue of the HERALD that
Carl vogt Prussian subject who had been ex.
amined on several occasions before Commissioner
Kenneth G. White on charge OF having, at Brus.
sells, Belgium, murdered and robbed the Count de
Bois de Bianco, had been held by the Commis-
sioner to await the Presidents mandate of extra
dition.
Counsel for the defendant obtained writs Of
habeds corpus and certiOrdrt from Judge Batch
ford to review the proceedings had before the
Commissioner, with the view Of testing whether
the case had been conducted in legal manner
during the preliminary examination.
Yesterday The writs were returnable, and Mr..
Bowen. counsel for the defendant, argued that the
documentary evidence offered by the German gov
ernment in support OF the charge had not been
matte or consular Minister resident at Berlin. The
papers were not proper evidence OF the alleged
crime, and he. therefore, claimed the discharge OF
the defendant. Some Of the documents were
signed by Mr.. Bliss, as the principal consular or
diplomatic Minister OF this country at Berlin,
whereas Mr.. George Bancroft was that Officer.
Ex-Governor SalOmons replied that the matter
OF who should be principal Diplomatic or consular
Minister Of the United Statesat Berlin was for the
Presidents consideration altogether. There was
no usage Of this country requiring counsel to show,
for the purposes Of this case, that Mr.. Bliss
officer of this country at Berlin at the
time he made the certificates charge
d'afraires was put In place OF the Minister
during the Minister'S absence, and during that
absence he exercised the Office OF Minister; for the
tlne being he was the principal diplomatic ofncer
OF the limited States.
Judge B,a,chford delivered brief Judgment, sus-
tanning the views expressed BY Mr. Salomons and
also upholding the rulingsmade In the preliminary
both writs, and ordered tn defendant back to the
custody OF the Marshal
The defendant will be Immediately sent back to
ROBBERY alleged against him Thus after legal
battle extending to about eig,;een months dura-
tion, the Prussian authorities have succeeded In
obtaining custody OF the msnwho they declare,
killed the Count de Bots de Banco at Brussels
vOgt states that he is willing to 90 back, and
expresses himself confidently that he cannot be
convicted, as he Is, he claim, wholly innocent of
ha AZ offended against the lsw.