New-York tribune., 1874-07-29

NEWSPAPER ARTICLE CRITICISED BY PoMERoY
COUNSEL IN COURT - EXPECTATION THAT A
CHANGE OF VENUE WILL BE AsKED-THE CUES
TIoN OF CONTINUANCE NOT YET DECIDED
TOPEKA, Kansas July 28.-ln the course of
an article on the Pomeroy this morning. The Com
moniceaiih the Republican organ OF this city, said
The counsel for the defense took to intimate
that AT the conclusion Of the argument OF the motion 10
ouash provided that motion should be overrued they
rnuId ASK for continuance on the ground of
ftn,o ahsence Of material witnesses We do not
think the right of the defense to ask TINS continuance
or the Court to grant uuess most explicit and
snficient showing dnv certified such as WIN satisfy
the that injustice would be done by withholding
it. We would recall to the memory Of mr Martin his
agreement that July q was to be day certain when
tGey would he ready proceed with the trial without
agreed to by Mr. Martin, that Mr.. RYAN Withdrew
MS objection TO the postponement. Mr. Martin and his
colleagues have had the interval In which 10 ge them
selves readiness TO proceed and any inrther dlatOr
request will not only be IN the nature OF tIiing WIN
their client. THIS case has long enough occupied tue
attention OF tue court ana the people II VIII nave cost
If proceeded with now, whcn cOncuden not less thh
$4,000 which comes out OF the pockets OF the taxpayers
of This county Mr. Pomeroy has always enjoyed enough
OF avors from the court aud any further demands upoH
N will trespassng It's ample good nature. lie IL
entitled TO fair time and opportunity 10 arrange ms
defense but he has already been accorded that III full
measure and beyond that ne stands upon the same foot
ing IA the hunble clizeh or .nc most Vena
onensc, aud should stand his trial nov; II he u not
ready l. fair 10 surmse he never VIII DO nearer to
being prepared
When tho Court convened Gen. Stringfellow. OF the
counsel for Pomeror invited attention this article.
claiming that IL was attempt to prejudice the case,
and a. such deserved public rewobatiOn and tic CEN
sure o. The court Cen strngfeOw proceeded at some
length to express his views the liberty Of the press
and when bo had Concluded the Judge took occasion
say that The Commonwealth article Ill advised and
unfortunate and that he hoped such ocnsc against
propriety woud not be repeated Ii Is supposed by
great many that this ttle episode preliminary to
asking for change OF venue account OF local preiu
dice but The general opinion st is that the best
for the defense Is seek continuance the next tcrm
which would carry tho the OF the prese
County Attorney and give chance for the election OF
10 nin who could he prevailed upon
II noie prosequi.
Pomcroy affects TO be anxious for trial. but his gen
erl conduct and that prominent friends is not cal
cuaed 10 give his assertion credence They have had
the case postponed times and have been busS for
months getting up petitions 10 the County Attorney 10
enter noUe proseq,d They secured the of
Col York TO one these petitions, together with those
OF the most prominent antiPomeroy men In the State
but the County Attorney resOutely declines to be
party TO any proceeding and declares that he will
never give up the prosecution until Pomeroy is in tho
Penitentiary. The Commonwealth Of tomorrow morn
ing will verify the assertions which SO vexed Gen
strngfelow and will add that the facts 90 to show
that the purpose OF Mr. Pomeroy counsel IL to swest
the case out OF court by delays aud eontnuances The
argument on the motion to quash the Indictment has
occupied the attention OF the Court all day. 1t
orally believed that the motion will be denied and the
application for continuance be promptly entered by
the defense The trial is exciting considerable interest
the court room being crowded by people from all parts
OF the State Congressman Cobb witness IN the case.
the only one of the Congressional delegation present