The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-03-08
THE ALLEGED TREASURY FRAUDS.

with Attempting to Evade q Trial.
Another move was made yesterday In the no
torious case OF Sanborn, Hawley and yanderwer-
ken. who are indicted on the charge OF having
spired to defraud the government in connection
with the legacy and succession taxes. Mr.. Ben
jamin F. Tracy, counsel Tor Supervisor Hawiey,
appeared before Judge Benedict, in the United
States Circuit Court Chambers, Brooklyn, yester-
day, and made application for the discharge OF
that defendant on his own recognizance or for the
reduction of his bail. Mr.. Tracy read lengthy an
davit by Hawley setting forth that the defendant
had been twice indicted and held to bail in $4,000
and SIS, o0o and that it was the Intention OF the
District Attorney to call another Grand Jury and
have MIN indicted again. He claimed that he had
been promised speedy trial, which had not been
granted him that the District Attorney did not
procure the attendance OF q Circuit Judge to try
the case, "a promised, and that he be-
lieved it was not the Intention OF the
District Attorney to try him either OF the indict
ments under which he had been held to bail, De-
p0nent protested that he had never conspired
with Sanborn, and that in what he did he acted
under Instructions of the Secretary Of the Treasury
In conclusion the anidavit submitted that this
continual indictment OF the defendant and holding
him to bail upon indictments upon which he was
never to be tried was oppressive and unjust, and
therefore ne asked reiief-that he be discharged
that his bail be reduced.
District Attorney Tenney-I never this AFFIDAVIT
Judge Benedict-Do you wish to replyf
Judge Benedict e Nj you TAX. verbal
Mr. Irscy.Iss s, s'E any S,enep Of the District At
Mr. Tenney~if Your Honor please in this matter he
thsa speedy trial has been refused him. desire
An soLurELY FALSE
IN this Circuit St Court sH IN IN
s New J xSs ys % SIX e; to an
here and try this but falling hun went
%srns TO as sTscya ans .sw h
aoa sS an srrs ss w in. hm asking him he w0q
case lie informed that it impossible for him to
Judge Benedict you then that
~ as say a ssy s are
r try W a soon a. % aYs set n SaS and
IN earnest nd
delay ,hs yoa have s..wsTsa ana snothsT
s ssa ss
S ssss
Mss
that asssrs nsviey. vander ssrEen and ssnsorn ''
tl a .ad IL s nc t s9ss e
'aSs s
now hs " S u
Of
aa Ss es ea has
Se hs or m sSsn' +. h SUss
9's asss and
ieqe to come in and make answer What we object 70
nsys experiments with grand JuIies year Year
Mr. eh anwsfy the SS Pad'S ss
trusts He has been IN .he employ of The gov
fore q offence been made against
thus Grand jury viii any On Which
h hs willing so TO TO try another Grand SGe.
s anotst and on every %opn Of re
eS died against these
Ss So S x sscs s,Fe e to n
IN and month out expermenng with indictments to
an indictment upon which the district Attorney willing
sonssses charge make that he does intend q
has against them and under which be required them to
Judge BenedictI don't understand him to confess It,
IL Mr. s' Tr.e sse! Ssifd lS SpSs to answer
. snG .s has
cause TO Court that could try him, and has called
s dos 70 the ss ns
hs TIM he Aornsy a
intend to try the s sn%se that he has called
it. ad that S ee o thai he
% fss Saa as a he D ana esn s
simply don't feel called upon to say whether intend TO
| try or not,u that is a confession.
Mr. Tenney-fbe speech OF the gentleman IL intended
for outside parties and not for the Court to the
ter OF bail. but very little about It. ma ter
In Your Honor's wise and sound discretion whether you
! will reduce this mans bail
Judge Benedict-The motion Is to discharge him on his
recognizance.
test against reduction Of the bail and most soemny
and earnestly against his being released his own
coguzance and yet admit IL Is in Your Honor's dis
10 do will At In the premises Wien
question up about RENTING this to the Dis
trct Court was remarked il member rightly that
the week OF this term for BANKRUPTCY business
and upon tins relied and relied tor he reason that
wanted speedy trial. Had this been RENTED and
had the week been entirely occupied by bankruptcy
business then the defendants would have been placed
in much position than they now for then IL
would be impossible to get back to the circuit until the
month Of May. Leaving 1t as 1t is and that time
places the defendants a better rositon for speedy
trial than it otherwise would lsve zen provided that
bankruptcy bustnc had taken an8tier week as was
intmated possible at that time That hi have to say
| about this matter.