, 1874-02-14

ment Of the une1pired time, and, indeed more
| if could command it, to do that work ut all
| well. And cannot 8ee how can control, whila
I I anu under this mandate Of the Supreme Court,
I an hours time for the next ten or twelve days.
| l hare made no preparation of the facts in this
| case, and hope that 3 later date may bo sug-
gested.
A1r. swett-I desire simply to Say that caaes
which I have already entered upon-trials that
| are set or just coming on-win occupy my time
au OF next week. and know Of no way to es-
cape them. II this trial we're set for aweek from
| next Monday, hare no way except to break oif
! prior engagements and come into this court
| without minutes preparation.
Mr. Reed-I will inform Your Honor, this be-
ing the first term Of this court you have held,
that there is rule Of the court, which was
adopted and entered on the record some time
ago, that the engagements counsel u1ay have IN
other courts shall not be q good excuse for de-
ferring criminal trials. / do not wish to be op
p1essive, l suggested that day because want
to get the case off 1ny hands. It is burden,
and oppresses me nll the time, and want to get
ATr. .Sweet-Allow me. Mr.. Reed. Do you UNDER
stand could 20 to court and say was not
engaged in this trial hero, but wanted to get
ready for ono. and, therefore, did not wantt to
try caso that had been set in the Circuit or Su-
perior Court? .........
Mr. Recd-The rule is that no engagement Of
counsel in other courts shall be good ground for
po8tpoDing . case here.
Inc Coult-1s tuht lu1e u 1eeoIu III l1l25
court?
Mr.. need-Yes, sir.
MIR. STett-And the reason for that is, Il am
actually engaged in the trial of case in the Cir
cult Court. and a trial comes on here, have to
enter upon the trial. That is the essence oi the
excuse. But it is not any excuse in reference to
cases in other courts that have TO prepare for
trinl hero. The Court will recognize in this
case that counsel ought to have reasonable time
to get ready for trial, we not having addressed
ourselves to the facts at oil.
The Court find that it is the desire Of all
courts to give ample time to tho parties to pre-
pare. prefer that you would consult your con-
venience and agree upon d time if you can,-nuy
early times do not know how long it will tako
to try the case.
TALK IT OYER Be MONDAY.
4 whispered consultation then took place be-
tween the learned counsel aud the States Attor~
noy, and at it8 conclusion
Mr. Reed said-1t il suggested by the gentle
men for the defence that perhaps to-day or to-
morrow morning they will talk about their
engagements, and what they may want to do in
the case, and agree with me upon so1ae day for
the trial. Thero will be no court to-morrov,-
say Monday morning.
The Court can come tomorrow morning.
TIE OTHER INDICTMENT.
Mr. Keed-1t cen be dooo just as well Monday
morning. II ne Gun agree We will come in and
have some time fixed. Now, gentlemen, what
will you do about the other indictment?
Mt. Swett-I do not want to stipulate about
tho other Indictment at all. I have not read it.
Mr.. Reed-I DO not want you to stipulate.
6r. Swott-1 think ne can 1x it Monday morn
ing.
The Court-yerv well; then this case will be
passed until Monday morning.
And With this understanding the counsel and
Mr. Gage withdrew, leaving the stato's Attorney
to devote his time to prosecuting the 1naignlt-
cant cases on the docket.