The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-01-10

ren0e IN continuance. MI. Hagner drew up an
af1davit for the signature OF Mrs. Wharton. An
and nothing done, but il was quite evident Crisis
The afiidavit as follows, was at length sworn to
and submitted to the Court
MRS. wHARToN's AFFIDAVIT.
,sss in Spss Sa{
a that she safely 60 e
Hrs Laura Chiffon, Competent and material witness
tie e ais
an has a. to the ne aS that ass said said
saes.:v hn sDon Sas4sr. tartar osns
pain and in her ana has used proper
and reasonable to procure the q
belief that s Of The said Witness can Be pro
swen Clerk in Court
The Court asked the opinion Of the States Attor.
ney concerning the proposed continuance, to
which he unqualhedly replied that he would not
consent, for he urged, although as asserted by the
Laura Chiffon on the 9th December last there had
been no further attempt made on the part OF the
defence to compel or procure her attendance, and
as the other side knew that she was not resident
OF the State he did not consider they had used due
diligence, and he submitted that the motion for
continuance be Overruled.
MR.. THOMAS REPLIED
for the defence. Mrs. Chiffon, he said, had been
summoned before any other witness, she having
at the time. The States Attorney was notified
that her absence might compel the defence to ask
tD2t the brldl DO put over anu III
offer TO bring her to Annapolis and make af1davit
OF her knowledge bearing on this case was not ac-
cepted. What more could the defence dol They
foresaw the probability Of the present difficulty
and made all generous efforts to avert it, but in
vain. They could not send commits
but Just as soon as they knew she was in tie
jurisdiction Of the Court process was issued. II
the case should proceed Is probable she would be
pose to take any such risk. The assumption OF the
responsibility would be unjust to the defendant; .,.
that on Monday both sides had been asked II they
were ready to proceed with the trial. and both had
ad M III an6 as ne
swered that neither he nor they had
DECLARED THEIR READINESS TO 90 ON
with the trial. When asked the question by the
Court they had said, or intended to say that they
had preliminaries to arrange and motions to make
before the trial should be fairly inaugurated The
on to make be admitted by the State. She was
had promised to come on that day.
After brief talk by the attorneys for the State,
Many went away satisfied that the case was con.
GUIDED for this term at least: Attorney General
Syester threw his cloak his shoulders and left
really glad that he had prospect of escaping the
dlsagreeable duty Of pursuing the case.
JUST THEN JUDGE MASON CAME IN
and said that he could have the missing witness
here tonight or tomorrow morning, and he urged
that instead of continuance mere adjournment
I'LL CO-WOrTOW morning DC uaO. IuOluab Sdlu
that his client Is SO anxious to go on and have
the matter settled that he was willing to strike
out the record OF continuance and adjourn Till to.
morrow, provided, however, that 1t is understood
that II Mrs. Chiffon docs not then put In an appear
ance continuance shall be renewed. Judge Miller
asked the States Attorney II the State was willing
the continuance should be struck out. Mr.. Reven
was
EXTREMELY ANXIOUS TO GO TO TRIAL,
but would prefer consulting Attorney General
Syester before deciding: While the new dilemma
was being talked over Mr. Syesrer came In, and in
continuance and accepting an adjournment The
Court then rose.
This-a fourth day-has passed and nothing has
been done except some fne hair-splitting. They
are beginning now, however, to get ready for
going ahead in Mrs. Chiffon arrives by to-mor-
row at halfpast nine A. Man event as uncertain
as the verdict OF q petit jury.