New-York tribune., 1874-03-09
TIE SANBORN CONTRACTS.
MOTION TO DISCHARGE SUPERVISOR HAwLnY ON
HIS OWN RRCoGNIZANCE.

A MOTION TO DISCHARGE SUPERVISOR HAWLnY ON
HIS OWN RECoGNIzANCE.
The argument on the motion to reduce the
bail of Lucen Hawey, United States Supervisor, in
dicted with others. charge Of defraudng tho Gov
ernment in connection with the Sanborn oontracts,
came up Saturday morning before Judge Benedict, In
Chambers b. F. Tracy OF counsel for the accused
read an affidavit. sworn to by Mr.. Hawley stating
that he had been held to bail upon indictment for
conspiracy with John ID. Sanborn and Alfred Wander
werken to defraud tho Government. and had been
compelled TO give bail in the first OF $4,000,
and afterward OF $4,000; that he was stranger In
Brooklyn and that with great Inconvenience and
embarrassment that he obtained bail; that he had been
for years in the employ ment OF the Government,
and since December, 1872, Supervisor OF Internal
Revenue; that he had in his official capacity acted In
accordance with existing laws and the instructions Of
the Secretary the Treasury that he had been prom
ised speedy trial. and yet his trial delayed and
that to OF his Information and belief no was
not to be tried upon the indictments record against
him. but that the DistrctAttorney was seeking To pro
cure new and other indictments to which he To be
called plead and that be was informed that he ought
be allowed 10 on MS own rocORzance UT al ioasl
his bail should be reduced -
Distrct-Aitorney Tenney-we have been as digent
as 1t possible for to be IN this case myself have
been to Circuit Court IN the City OF New YORK some
five six times TO have an interview with Judge Wood
but failing to sec him. yesterday morning o his
residence Twenty ninth-st leaving my own home In
asking him he would over here the last week
in March To the He informed me that IL was
impossible for hm to do so.
Judge Benedic-I understand you state then, that
vo intend 10 try the defendant upon this Indictment
Mr. Tenney-NO Sir, don't say that. say wo are
ready to try hun we can get a judge and
Jury That Is what say and have said from the start
We are in earnest in this case.
Judge Benedict- understand this motion to be based
upon two prOpositions-One IL that there has been
unusual delay and that have answered and another
understand be that do intend TO try this
the motion upon II Is held to bail on al In
dlctment on which you do not intend TO try
Mr. Tenney (quCkly)-That Is entirely an ex parte
statement. 40 consider that am called upon here
to,answer that simply say
Judge Benedict Qutefrupting)-That is sufficient.
Mr. TepDey-I simply say this: IL Is true We have
called another Grand Jury; It il true have certain
matters 10 lay before that Grand Jury but tns
that Messrs Hawley, Vanderwerken and SanbOrn will
be trled in this Court II i've and the courts
exst, and I propose to avail myself OF oil
rhe privileges and ali the rights that the law gives to
me- L baye q right to u new Grand Jury II want IT,
and II in my discretion, think 1t Ia necessary for the
Of the Government to have IT, ana that pre-
csely the pOsitiOn are in. And l say now that
will have Grand Jury every month In the year, IL need
be- for the prosecution Of this satisfactorily " the
Government.
Mr. Tracy argued that the Attorney had vir
tuay confessed he did intend to try the
but had summoned another Grand Jury to find new III
dctments. Mr.. Tenney, reply. protested against
reduction Of bail and the release OF Hawey on hls own
recOgnizanCe. Decision reserved