New-York tribune., 1873-06-26
FEDERAL CRIMINAL PRACTICE.

WILLIAM NJ. GRAHAMs TRIAL POSTPONED-A SrRUG'
GLE FOR AN ADJOURNMENT OF TIE TMNroB
CASE.
The June term of the United States Circuit
Court criminal side Judge Benedict presiding, opened
yesterday unusually large number OF jurors begged
very earnestly to be excused but Judge Benedict re-
fused to receive other than military service
sickness and age very few escaped jury duty one
Young man pleaded that his employers would discharge
him on account of loss Of time If he were forced to serve
as a Juror 'YOu must serve" said the judge and II
your employers discharge you for doing so, report the
fact TO me, and will attend 10 their case MT Harlan
moved to quash certain counts the indictment oharg
ing Simon Donau with completely IN the alleged Spring
Valley distery frauds, and at the request OF United
States Dstrict-AttOrney Bliss, argument on the mo
| ton was postponed for the present.
ExJudge Fullerton moved to put of for the term the
trial OF william NJ Graham, indicted for embezzling the
funds OF the Waikiki National Bank on the ground That
he had had time to examine the books or the DahK
Judge Benedict said that he did not wish to force Mr.
Graham to trial under any unfair or unduy severe CIR
cumstances and Mr.. Bliss cOnsentng, the matter OF
postponng the trial put over until the question OF
the reduction Of bail should DO determined Later in
the day the reduction of bail refused and his case
was set for trial at the october term Mr. Graham is in
custody in default of $4,000 bail.
Ex-Mayor Hail. who appeared for the first time as
counsel FOR Frank L. Tantor. indicted for embezzlng
the funds OF the Atlantic National Bank, moved to put
Tantor case of for the term, and in arguing the mo-
ton, he sand
We expect to show that Tantor speculated with the
funds of the Atlantic Bank not to enrich himself but TO
make up certain DEFICIENCIES III the banks accounts.
Samuel Raynor who is very material witness, Is now
Europe We have been unable TO Teach MN, ana u Is
impossible 70 go 10 trial without his testimony Mr.
Burrill, who is Of Tant0rs counsel, aud who is
familiar his case il also in Europe, and do not
esnccioIv as Tlnors physical condition has been such
that have been able TO consult intengenty with
judge Benedict - TaiDtOrs physical condition was
fully discussed at the last term o. this court and alb
sence of counsel this time, and under all the crcun
stances cannot be regarded as reason tor putting OH
the trial II allowed excuses OF that KIND no one could
tired. desire, however to hear Ar Bliss upon the
Nlr. sherwOod-Mr. Southwark, the President OF the
evidently 10 avoid appearing witness IN this
TIutur has been advised by his counsel that he can
wark's testimony
James Carter, who also appeared for the first time
as of TiintOrs counsel pressed the points made by
Mr. Hall and Mr.. Sherwood and MI Hall adued :
Frankly speaking, the defense in this case us that
TintOr spccuatea with the funds OF the bank for the
sole purp sOf retrieving ITS declining fortunes.
In all o. his transactions he used the banks
sent Of the officers OF tie bank He concealed nothing
from them neither did he put any OF the money IN hs
sent Witnesses and submit, therefore, that great in
Justice will be done IL forced TO trial without
Tie bank He failed in his audable efforts, and Is now
arragned as a criminal Had be been successful IN his
Wall-sreet specuaons, he would have been presented
with service OF plate tOr his services.
Mr. Bliss contended that .TantOr had illegally used
the depotOrs' money, and tnat the knowledge Of the
officers Oh the bank OF Illegal could not exoner
ale him. He did not see, therefore, how the evidence
of the absent witnesses would benefit IainOr; and he
insisted upon an immediate trial
After some further discussion, Judge Benedict re-
served until to-day his decision upon the motion to put
the trial Of the case Off for the term Philip Farrell in
dictcd for dealing counterfeit money pleaded not
guilty." Mr. Harlan made long argument, based on
the usual teCbnicaes, against nine OF the sixteen
counts in the indictment against Simon DOnau. The
question is whether those counts alege with sufficient
legal perspcacty that DOnau illegally removed aided
IN illegally removing whisky from bonded warehouse.
Assistant United States DlslrictAttOrney Purdy de-
ended the counts, and Judge Benedict reserved his de-
cisiOn
Edwin G. S. Garsia the ConsulGeneral at this
port for Uruguay, charged with perjury in SUIT
brought against hlm by Nathaniel Mckay, relative 10
the building OF q steamer for South American com
pany was held by Commissioner Belts IN 10000 bail.