, 1874-02-17

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llls Of long standing, mud tho question which lat
called Him away, Involving homo s30O0 900, Is o1
great public intefost, md also ono Of Tho mos
important now rontlt1g III the State. Tho oil
aud this cottrt certainly would not require lin
to abandon business already commenced nrt
mako All exception to this oaso. Your Hone
is too recently from tho ranks Of th'
not lcavo of oil other engagements ani
attend to t'lis caao alone. But oil thu
contrary, tl,a case like any otler, without favor
without pretudcc, taking ltH ordinary course !.
courts, must mako tho required stages which 9th
Or enaos may mnkc, and no moro. No othor case
Is, By tho rulca OF nny court, permitted to tokc
sl,ch precedence, and 1t ia ,Yrong 1t seems to me
TINT this should. Tho preaont term Of this Oourl
closes With tue. wocl following this. II tho nr.
gu1nont upon The motion 10 laash tho now IL.
dlctment Is made OIL Monday, hnyo no doubt
Your Honor will rogufro tho balance Of tho rorn
for tho consideration Of tho questions which 1t
will proBont. therefore propose tho postpone
mont Of tho argument on tho motion to qinsh
until next week. and tho tria Of tho Indictment
for not paying over until tho next term.
Ttlo court-Iaye you any objoottons to that,
| hfr. Iood2
ltn. HEED REPLIES.
Mr.. Recd-Woll, sir, DO not want to bo co1l-
adered as attempting to DO oppressive III tB
caao. I want the caso disposed Of ns soon ns it
call ho, consistent With tho cauBe Of public JUS
tice and tho rights Of tho accused. Your Honor
must know that this caHo ia ope which must
cause mo great deal Of anxiety and give mo a
great doal ot caro- and trouble am not partic-
ular about this motion to quash tho now indlct-
mont befng heard this woels, bccauso propose
to try tho other caHo tlrst-tho for falling to
pay over money, tho indictment which judge
try first. What should do with tho other case
afterwards, have not yet decided.
| F1nBr THURSDAY IN MARCH,.
Now. as to thoso considerations which hayo
fS1
aro reasonable, havo not much to aay about
tllom, only tllis: that, II Your Honor locidos to
continue this Indictment until tho noxt tornl, I
would move to sol the arst ThurHlay In March
| for tho trlNl. It the caso is continued want
that motion to bo entered, and would liko to
| have IL disposed of now. -:
| Mr.. swett-I would ask II 1t is tho rule Of this
Court who,, oil tho casoB OIL tho doekot are dis
posod OF excopt fcw, and these few 60 over
until the noxt torn, thut they aro set for hear.
ing7
Mr.. Hcod-H Is often done. Every week. oasoa
| aro eat-specially continued on the docket and
| aet-as Your Honor knows. Now then, it see1ns
to mo that TINT is not nn unreasonable request,
coupled with their application for continuance
beca,1so they havo prior engagements, and on
| account Of tlloir imuonHo labor. am gad tloy
hayo 10 m.loh to do; they must bo making
1nonoy. II iB not for tho absence Of any Wit
Court grants time, TINT day should be not, and
I say tho first Thursday In March, which Ii the
first dny Of criminal trials in tho noxt term,
three days. by recent arrangement. being nj
lowat! tho city for tho trial Of itH casoa. This
would give thom two weeks from next Thursday.
APPLY THE aAME RULE.
Mr. 8wett-l Gakod tho question whether It
was rulo Of this Court, when q case goos over
from one torn to another that It bo Bet, in ordox
TINT might put myself, in reforonce to Mr.
not intend to aak any favorH growing out OF tho
peculiarity of llin caae or Lis situation, but
wo oah what VIC consider not unreasonable
TINT he bo put alongside Of poor mud
other peoplo have. If other people, as a rl11o,
whom their caaoa 80 over, arc compelled to hayo
them sot for subsequent torm do not p,1r-
pose objoctng to 30 Hotting thm case. II, On
limo Oil tbs docket according to their numbors
aud como up iu their regular rotation,
I want h1r. aago's caBo to 20 with tho
rest, and whom it comes up III connection with
others III ita turn wo will bo here to try 1t.
do not want IT taken from the bottom Of The list
and put At the top. said in my opening re-
marks tint this cage had been rushed With un-
precedented LaAto, mud inBist it is true. Your
Honor having recontly como upon the Bench,
may alludo to somo of its features. Tho caao
WIS called Oh TuoHday-
Tho Court--l would rather you would criticiso
my courae than that Of anybody olsa.
Tus ruuL1o WIND,
ME. swott--i bog fonr Honor's pardon 1t is
in tho work las led to tho expression Of re-
marks which will bear that construction, I am
exceedingly obliged to your Honor. for calling
my attention to- it, for such was not
t5s ns'1''R Tint ths4s ss1S has ta e. Sssn 'R In
connection with hlr. Gagos case, a aort of public
wind that has driven everything along aud I
wish It to le distinctly understood that find
no fant with tho ollcors OF the court, or with
Mr. Reed, but simply aek tho Court to recognizo
the fact that this wind las driven us along with
unprecedented haste. Now, ordinarily, a Grim
inal case in this Court, whom tho Indictment
10 presented, conaes In usually wlotlor or no
tho act charged las or has not heen committed
For instance: a nun IL indicted for larceny tho
indictment involves no question which las not
boon settod times aftor number a8 q rulo tho
act ltsolf III defined as an oTonso, and l,as boon
known aud recognized Us long "a tho law tho
ant III TINT oase did tho acts named. Honco
there IL M excuae TO hny, " "Gontlomen, you
1nuat pload to this indictment natantly.n but
tho case Of AIR. Qago wus
NEW IN EVERY FEATURE,
and, whom Your Honor hears it, YOU Will come to
the conclusion that the bulk OF tho cxac lies bo.
fore the plcadlnga, and not aftpr. III other
words, tho pleading involves now questions and
the construction Of Aew statutes, aud II there
ovor whs q case whero tho most deliborate
this caHe. Such care WAS exercised as we'll as 1t
say now in starting out anew is, that tho pubic
wind has had tiuao enough to blow oyer.
LET u COME DOWN TO WORK,
and call this lawsuit, and treat it Just like any
other lawsuit. That il all we ask. And i
seems to Mo it is not unreasonable; and as It Is
pretty we'll Bcttled that We cannot try the caeo
this term, it ought to 10 into tho next caloudar
down, lot this Que b.. II other csses DO placed M
upon tho regular docket, lot this ono take its |
regular course. |
If HE HAD DEEM pODn.
Mr. Rood-If the Court please, only want |
this case should DO tried just AZ ii Mr.. Gage was
y poor man. want to answer that, II hlr. aage |
llad beon poor 1nau, he would not lave been |
able to employ the distinguished attorneys he has
employed, aud would have been tried Inst mouth
by jury, and hia csae Hettled al sure as you |
liyo
Tho Court-It il true tlant mont Of tho cases
arc tried during the term In which tho indct- |