, 1874-01-15
DAVID A. GAGE,
His Case Called Up Yesterday.
Ills Counsel Had Not Fully Considered
the Indictments:
And 1t Was Postponed till Fpiday
Week.

And 1t Was Postponed till Fpiday
Week.
Tho stato's Attorney called up tho Gage Gao
IN tho Criminal Court yesterday morning, for tho
purpose Of hoaring what tho attorneys had to
Hay with roforonco to tho Indictments. Tho
courtroom was about half full Of people. Mr..
Gage was not present, but Mr.. swott and Str.
Doxter, Of his counsel, wero. After lIBpoaing
OF some small cases, tho Court (Judge Rogors)
said: What olso, Dlr. Rced7
Tho staso's Attornoy-1hlB is tho morning Oh
which notified the counsel Of hIr. Gage that ho
should appear and plead.
1fr. De1tor-I would aay to your Honor thne
VIC would like d little timo to look into the
papors. Since thoy were filed havo
boon very busy, and havo really
Ind no timo to examine thom, and
two or three mattors are set which will occupy
my attention tho remainder Of the wook. IT 10
happened that aomo deferred matters In tho
Other courts all came on Mt onco, as your Honor
knows Ia frequently tho case. do not know
what my brother Swott has done, but wo would
like q little time to look into thoao pnpors, in
order to determine wllat course wo wifi take. I
am compelled to nsk it, because T hayo Ind al3-
BolutolY none up to tho prcHent timo. Thnr is
our purpose hero this morning.
Tho Court-What day. Mr. Rood-wonll Mon-
day or Tuesday OF next week do2
: Tho States Attornoy-1f the Court p1easo, I
think the gentlemen ought to Hay--thoy hayo
certainly had time enough to discover thom-
sYliothor thoro nro any technical dofects In the
indictments 80 that if there arc. they can bo
considered by others. II the objections 20 to
tho substance Of the clargeH, that is d different
question. -.
Mr. Bwett-1 desire to say that, 50 far rs nm
morning aftor tho Indictments wore found.
the United Status Court. which was limited to
ono day as ", W SUPPOSED it being an argnmont
lastod from Friday morning until Mon
day in which, to look at this caso seeing ,
the indictments for tho first time yesterday:
and when I got roady to look at il my ass, B,A-ao,
hlr. Dexter. WAS in court, SO that up to this
tmo, I have had no timo for consideration about
tho case. I would say, whi1o do not want to
nothing objoctionab]o had occurred to mo IN ro-
gard to their FORM. I would also state that We
do not want to make D motion to quash these in
dictmonta unless, III looking into thom wo tlink-
mailing IL simply heeauso the Court ean
ply . roaaonabio timo ITO to aotormino ' whoiner VI i
wo will mako motion to quash, or what course
~lato TINT wo will not mako any formal objections
to the indictment; but will aly I do not know
of any. Wo would like at least ten days to OK
amino them. Mr. De1ter will ba Engaged i'll
to sit down deliberately, mud see what ought to
10 done with reference to these indictments.
Then wo will como in and mike our motion.
Tho Stnto's ATTORNEY That will carry tho case
over this torn. 1 wanted to try it this term.
Mr. swott-1t doea not saom to me that ths
case ought to take any different course in tue
court from what casos ordinarily do.
The stato'a Attornoy-It is not to.
r In ~ ~. t..
pressing anything that Is not ordinary. At tho
samo tlmo it il aomewAat In tho discretion OF tho
Court, md so fur as I nm concerned havo mover
boen disposed to haston trials on m indictment,
want to give everybody reasonable opportunity
to prepare for trial, aud havo his lawyers con-.
suit mud determine upon course. i mn willing
to set tho hearing down for next Monday or
enough to determine what you oa1l do, and thon
T. prepared, to try tho caao next week..
" we 49, have two weeks atter this, week:
DO tried soma ottor ttmo; 1t depends upon tho,
ground of poatponing It, II the statos Attorney
! ! Air. swott-1f wo made motion to ouasb. we
would be required to argue it.. There arc some
tho lndlotmonts, but ns to matter of substance
The Court would not like to haBton tho
argument, but desire to give timo to investigate
Mr.. swott-That is all VIC want.
The Court very we'll see the questions
which might arlso OH motion to .quaHil-not
raoreiy technical, not merely upon tho form Of
tho indictmont-that might rouutro tlmo for
consideration md time for argument. do not,
say that with reference to theao indictments, be-
cause have not road them, except casually IL,
looking over tho newspapers, and I had 1,o
assurance tloy woro printed yory correctly.
MIR. Dexter-l would say in conformity v ith
what hlr. Swott has said tint for my lnrt I! ayo
no desire to avail mysolf Of any technical .nut,a.
tion in tho. sensa which tho Htato's Att ornry
usos the word.
Tho stato's Attorney-1 moan to tho for m.
Mr. Doxter--lt has occurred to Ule fsc.n onu
roading, it WIS Aasty,-tho only ono has so been
abo to give tue paperB-that thoro nye soriola
questions going to tho nubs,nnao or tho matter:
anu II thoae oxiat, think brother SWEET and luy-
aetf Will conclude to tako tAom up, and il, We
do. VIC wish time
Tic Conrt-We will give you oieLt days. gen-
tt!!emnnn; till this morning week; that would bo
Tho state's Attornoy-1t ia barely possible 7
nay hasa to 80 to Springfield to nt-
hoard from tho Attosnoy-G General whether
tho Supreme Court AaA tlocidul it Inns 5urisflic-
tl6n or not hut | am liable to hoar, and
want to 50 there aud mako hn oral argument,
What do You say to next Tuesday,?
MIR: Rwott-l want to be III Philadelphia noxt
TMostlay. Say Frit1ny.
Tho Court will got 1t for Friday, January
90 that will accommodate yon both.
Tho Court thou adjourned.
--A--
New Esrltis1A Hcprs.