The Morning herald., 1879-04-11
U. s.lcoURT.

4, POSTPONED UNTIL THE JUNE TERM.
The U. s. District Court met again at 10
o'clock yesteday morning, the case OF Evan
Rice, the defaulting cashier Of the Nation
al Bank of Wilmington and Brandywine
being the order Of the day.
Levi G. Bird. Esq, Of counsel fer the de-
fence. represented that owing to the absence
of material witness, Ia LADY, they were
not willing to run the risk of going tol
trial. They had done all in their power,
in the short time allowed them, to insure
the attendance of all the witness, and had
been ably seconded by the U. ). Marshal,
and all tbs Witnesses were present with the
exception of the above and Orson Adams,
the bank examinlr. The defendant did
not consider that "a could safely 60 to trial
in the absence of the above material wit
ness, and his counsel therefore asked that
the case be-. continued until the next regu,
lar term.
accordance with the desire of the
! Prosecution, Evan Rice, the prisoner, was
sworn, and stated that witness material
to his defence was absent, and he could not
safely 90 to trial without her. He could
have her here by next term.
District Attorney Spruance asked the
accused if there was more than one mater
ial witness absent, and he replied that he
thought there were two.
Mr.. Bird objected to the above question
being propounded to the witness, and Mr..
Spruance replied that it must be proved to
the satisfaction of the Court that the de-
fence could not 60 on in the absence o. the
witness, The Court must know not only
that a material witness is absent, but who
the witness is, and what the possibility is
Of the appearance of that witness at the
next term. The Court should be intoI med
Of the names of the witnesses; where they
reside; when defendant last saw them, and
whether he had made any effort to obtain
their attendance.
Hon. w. G. VIII teley, of counsel for the
defence, contended that there was always
more leniency to defendants in criminal
than III civil case. The matter of con-
tinuance was argued by counsel for seme
time, and, by desire of the prosecution,
Mr.. Rice gave the name Of the absent wits
ness as Mrs. Louisa Pennington, living in
Baltimore. He had seen her last inside
ola couple of weeks, but did not know at
that time that she was meterial witness
, in his case. Saw Orson Adams three or
four weeks ago, but did not know at that
time that he was material TO his defence
Mr.. Bird called the attention of the
Court to the fact that the bills we're issued
only two days before, and the time was too
short for the proper preparation of the
defence.
! Mr.. Bird also represented that during
. the June term of the Court the counsel for
the defence would be buslly engaged else
where, and could not give the case proper
attention For this and other reasons he
|, asked that the case be continued until the
September term, arguing that the prosecu-
, ton could lose nothing by the continuance,
) while the defence might lose much by a
t basty trial. The accused gives ample bail,
and, if he be guilty, it can be SO proven in
September as well as in April, and he will
be here then as he is now Mr. Bird said
he simply asked for delay which could
work no dctriment, in order that the de
Y fendant could come prepared to make his
D defence.
q Tue Court said that on account of The
q short time since the finding of the indict
ment, there was no objection to the contin
' uance of the case until the June term, bu
" it must then come to trial, and other en-
g gagenents of counsel could not take pre-
If cedence. The case would be called up a
o the June term.
e District Attorney Spruance said that a
- six indictments had been found by th
- Grand Jury, each embracing district act
of embezzelment and false entry, some c
y, the charges being made by the Grand Jur
LII for the first time, new recognizanc
l. should be taken.
1e No objection being made by the defenc
b. a new recognizance was ordered, in th
as same sum as before, $4,000. and the sam
a, parties again went on the bond. Til
= jury was then discharged from further al
'1' " tendance at the present term, and th
US Court adjourned.