National Republican., 1880-02-18
THE HlRTH MURDER TRIAL
The Court AdiOurns Under Protest
from the Defense.
Discussion Upon tho Admission OF n witness
The Defense Claims Not to Have Re.
Coivcd Sufficient Notlce-The Court
Sustnins Them, aud Solves
the Question by Adjourn
ing Until To-day.
On Trini for Life.

On Trial for Life.
The eighth day Of the trHl Of Babe Bedford,
Sandy Pinn and Edward Qurcnan, indicted for
the murder of George r. iIirth on the night
Of the 9Th Of January, occupied the time of
the Criminal court aud Justice ITagner yes.
tcrlay. The chamber was comfortably filled,
and the audience WAS decidedly more select
than tho court has been treated to since the
beginning Of tho trial. Within the bar wero
seated dozen ladies, aud the interest the fair
sex manifest IN the case IL daily becoming
more apparent, aud tho number in attendance
continues on the Increase. Tho prisoners wcro
tho frat to arrive, as usual. mud all OF th Q
cOusG were prompt In their attendance, eX-
copt that of Pnn. who were little dilatory.
However, at ten minutes past 10 o'clock,
everything being IN readiness, the hearing was
proceeded with.
When the court adjourned Monday evening
the point under consideration was whether or
not counsel for the prisoners had received suf.
icient notice of The offering Of the testimony
of William DLngerheld. The notice was served
on the defense last Saturday. Sunday and
Monday had intcrvcncd. Tho question that
arose was whether Sunday, as au initial day,
should be counted us dies non tho same as
when II occurs as the lnal day of notice.
Mr.. Porry read authorities In support of the
position taken by him--that when Sunday
happens MS the first day Of legal notice It
should bs counted the SINE as auy other day.
l1o thought that ii WIS sticking in the bark of
tho statute or pinnlng too closely to tho letter
Of it, to say that the other side had not re-
coived ample notice Of the intention of tho
Government TO call and examine this witness.
lie then considered another point in the
case, which was the furnishing Of the names
of The prOSccui Ions witnesses TO the defend
ant. lie cited several cases 10 show that this
only referred, in the meaning Of tho law, to
tho witnesses before aud examined by the
Grand Jury, and not to any now evidence the
Government might discover after the trial
had been inauguratGd. His Honor said that
it the law of the United States had been sim.
liar TO the law of the State rofcrred to, then
there would have been no difficulty in dCcid.
lug this matter as had been done in Michi-
gan But the statute governing tho case was
explicit and could not be mistaken. The
question WAS whether the two days that had
expired since Saturday were two days within
the meaning Of tho law. He could not think
that they were, and in all cases Sunday ought
to be excluded. lie did not SEQ what could
be accomplished by forcing the prosecution to
adjourn this case, as he should adjourn 1t.
The defense knew and had known all about
this case for some Time; they could waive this
point, but had declined to do so. They might
know theiI business best. but at present he was
unable 10 sec where injury would come oil
the waiver
Mr.. Miller said that one week ago thev
were ready to go to trial OH the indictment,
and Il list OF witnesses was furnished them.
They only expected TO be confronted by this
testimony, and prepared themselves TO meet
It. If the Government were allowed they
could put the names of few witnesses OH
the back of the Indictment reserve the
gtr oct mi nd In Cto,
the trial began aud surprise them with it,.
His Honor said that tho forms of the law
would be complied with under all crcum.
stances. He then asked again if they would
make a waiver in this case.
Mr.. Miler-We waive nothing.
Colonel Corkhill said that the prosecution
was unable to go further without this testi-
| mony.
The Court-ITave you no other testimony ?
| Colonel Cnrkhill-Wih this testimony in
we can close our testimony Within all hour.
Mr.. Wells-I would like to ask of the Gov
erument if they intend to examine some
twenty witnesses still remaining on this list,
Colonel Corkhill declined to say whether
they would or not. He could not say what the
defonse would bo, and th.y might all be
needed.
Mr.. Wells wished tn know If they intended
to examine B. NJ. Lighter, Eleanore Bailey
William Terrill, Katie Dickson Richard Craig
and Sarah Taylor. He said that somu of these
were important witnesses for tho defendants,
aud if the Government did not intend to uso
them the other side did, and wished them sub.
| pmnacd.
His Honor said they had that ight whether
| tho Government used them or not.
| Mr.. Perry believed that a majority of them
would he used, but the defendants could sub.
| pena and talk with them all they pleased.
lis Honor-Well, Nr. Distrct.Attormey
can you proceed further in this case
| District Attorney Corkhill-I cannot with.
| out this testimony,
His Honor-Well then, we will adjourn this
hearing until tomorrow.
| Mr.. Mller-I protest against this action.
| His HOnor-YOu can waive your privilege.
Mr.. Miller-We might as well plead guilty.
His Honor--We need not go over that again.
This case will be adjourned until tomorrow.
Mr.. Miller-We protest.
His Honor-Put it in writing l would like
TO see it,
Mr. Miller-I don't want to spread anything
of that kind upon tho minutes of the court,
but we object to this action.
His Honor-Oh, understand that.
His Honor excused the jury for the day, and
then postponed the trial