New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1874-12-09

put down for to-day. mas arisen The aa that
this case certainly would go on I said hnen a e"sS
Of 'n the case inatc,msmt to W0ot Say could
harm; 10 would work no conius'ou h., t,o s.me
ssas m tSis civil action is raised by tho indt
The proparatlon the same ny us ,Sd tmo
ment the entire burden upon MS That ~ that they
have no evidence whatever to oher not the ealing OF
makes their case and II the parties anxious for
trial see mp Sa; T W % not
proceed once with the trial OF the Indictment A
pense; my client has been at expense in preparing
for this trial In getting his witnesses. lie mas
no means. but limited as your Honor IS aware
destroyed his business Ii Is grevous burden upon
nn we upon t5e oInGr s" S,r HIey ra snd that
is all we seek AMI all we ask we invite them 10 the
we are placed at the OF their having
the last summing up 10 ana although we appea
here CHARGED with crime. with all these dsaOihtles
with an these disadvantages invite the contest, and
challenge them TO the issue. We want an carry anu
speedy trial These delays are crushing out cen he
has not The means to continue they aware these
contests Why not 40 ON with tne trial OF the hdlc
ment now Tue DiNtrct-AttOrney says he Ia only
nomnsy that tbat 1t has been turned over to
the private counsel VINO have been employed TO Try
that Way not Try NJ II has been said wo brought
this action for purposes. We were left no
alternative TO Drug tins action. We invited
them, IN the hst place, to lnuct US; TO sue us Tor hoel
the chance aud the opportunity TO meet that
IN a court OF jus lie, and before twelve men. they
would not do IL No iorm OF acOn was leit my clenV
for Standardization but We have brought it,.
and lhey 1t mercenary. and we reply TO that
Call your Jury upon that Indictment "neh
the iuiy are sworn to try the issue, we
ready TO discontlnde the civil action. We want
trial upon this Tdat il what We want Two or
three months have now elapsed since they filed the IN
dictment III thiS GO IT. We have been met time after
time here with IA STAY. In the first place. stay OF
proceedings upon ths application obtained in order
10 IrohOt tue case from "eng put upon tne csLenu
Ii was mo lhed ana went on the calendar anu Whcn sn9
day fixed or IL 10 Oe reached 50 that DAY lOr lrll
tuned 50 that tie csc wouI be thro WI over the
and u has been set down for trial today anu these
Jurors summoned, and We are met with stay
OF proceedings AGAIN. Ana they protest that tney are
very auAious ~ ny TINS Issue. Bring on your III.
Your money we 40 Mt want a verdict for damages
We opportunity IN THIS court before the jury
say 1t l. gdcvOd, wrong that delays should he
permitted time and agiin 10 interfere with the due
haii 20 end %t we get H. We shall exhaust every
means IN our power To nave an cary disposition Oh his
Issue.
NO DELAY SOUGHT FOR.
Mr.. Tracy-May please your Honor, think II must
b. Of profound regret that in cause OF this
grave Importance simple motion can be made, how
ever simple without living an opportunity, and that
opportunity improved by tue counsel upon the other
side. to make harangue 10 the public, for that is all
the motion that Was made here to-day. 1t was s1g-
gestion your Honor, simply that, ii perfectly
Impossible to move it to-day; that in view of
the fact that large number OF iurymen
the case and have been already sworn, must
be detained for two three hours or longer. II they
wait the calling OF tue entire calendar. We want 10 re
heve these JuryWeu, that they 10 their places
OF business. TIis suggestion is made ana now we have
this long speech counsel not only IN regard to tins
ease but Ia REGARD 10 another case which Is under the
exclusive OF the DIstrctAtOrncy. and for which
IN no sense responsible ahu nave no contr0 over
It, and have that IL Is not sufficient Tor him 10
TAX about thiS case, Out lie must naTdngue the Court
upon another that is not before us, and could not
by any possibility &c before us AT tue cary beginning
public nOle, that this action having been attempted TO
be tried ny the newspapers ana thtt tr iaod anI me
ay4
ted propose side TO conduct this caseas nearly
able III accordance with the strict rules "
law and try according 10 tie ru &c OF evidence aud
OF proceedings which have been long eSta-
nsbed tie courts justice. We do not propose 10
deyiate from that and not even the strong leiDpa-
ton OF tie counsel can lead me 10 indulge IN
tirads aguss this p1iath 1,n or against SH his
higher power for the institution OF TINS suit and there
have to pass upon him. and his conduct.
when this ease is brouEAt lesumatey before th2 if'
your Honor please propose. however may feel
about it, treat HIM ana bis with that respect
jusuce that ourselves. This being
Instituted we propose to conduct IT, On our Sdt
dence. and the Practice OF the court. submit
Honor that Le charge that there has been ANY
Tense is gralutous aud uDOunded. When this was
first presented here moved for what was legally
right 10 nave, tla this plaintiff should give notice TO
this defeBda OF the times and places when he pro-
set forth in the complaint. We sought avoid being
surprised; sougut To avoid being asSassinaed
united in piAc and being brought here suppos
ing had meet 1t there and being suddenly, upon the
ra compelled 10 meet another allegation in different
locally, supported, perhaps by witnesses whom we
had never and never heard OF, and who were
equally STRANGERS both Uf the parties TO the acts
alleged We claim that the fair * It of every man,
10 sav nothing of the rights of tnls de endant however
humble vcry ctzeu charged with such of,nse rs
tn,s. 'lib b racence We asked for tina, fnfprma
non it was information could readily accorded
10 Us. be presumed treating thIs piilnth
with the same respect should treat every other
Itigant that he never this awful charge against
his own WIFE the mother OF has children, ana TINS
defendant, without hlowlug when aud where he Pr
hun 20 We tnat wife AMI the mother OF his children,
and the defendant IN this case tde Information o when
and where they shout tie prepared 10 into court
and establish their Innocence. That right they refused
us. The Court thought II ma no power to grant IT, We
Thought d Il rentIy. course of practice
not only riglt bat our duty. appealed to
the General Term II ihS N0Hr ana We argen tne cause
there with what ahl.lD W had, but We were NOT sue
cessful there Failing there we had To- carry the case
10 the highest. court IN tie state. We mast
ened on tie artumen' 10 efJTt was
made for DELAY and mis- Iastc0Ga vcntnre on to .,y
stands to-day vi hou precedent III the speed IN whcI
iou viii md 10 prec'ieh' IN tAt ludc1 records
OF tins wherein al appeal has been taken from
cidcd with tne dispatch that the appeal has IN
THIS Does argue deay or desire to delay on our
drrstOod say thIt they would decide the case last
Friday; they dt not decide until yesterday morning.
cided yesterday. We know not now, except upon news
paper report upon what ground. That having been
decided III our dN'A' s.'u t"4S NuLS "u'"NIHlu
now as it was supposed not 10 toe authorized 10 exer
else It's discretion and 10 direct this plaintiff TO fur
pish 10 this deenddDt the information wn'ch ho
sought, move IN the regular course OF
practice. As We moved orI-lnally before ms Honor
holding the Special Term. We came before your Honor
before TIE motion because you were mold NJ Special
Term. anu not the Circuit Now we go beiore the
Special Term where the law requires Us 10 20. There
we got for hen 10 cause why t1ey slOud
furnish tuis UiOrmaiOn' aud hi order Is return
able IAGrs lay Euru1g. Can IL De supposed Tor a
, ,i 5ben he viii he rcadV 70 prageed de-
ponds matc upon them than upon Us. But submit,
HO tut Tie party resisted US III our legal
rIght anu peeled u t. 70 10 the highest court OF the
Stste obtain tucm, has 10 business 20 1ng IN our
faces that have desired delay. None whatever. IL
81 becomes them TO accuse us OF delay. Not moments
delay has been unnecessarily by ths defendant,
and permt me 20 say. IL your Honor please, never