Morning journal and courier., 1881-08-23


 week will occupy two weeks longer. Mr Hull is in receipt of letter from Professor Chittenden to that effect'' MT. Bush then read the letter, which was as follows:
 NEW HAVEN, August 20. Dear Sir have to-day informed MT Bollman that my examination will probably be finished Dy the o'n
 '' R. F. oHrFrENDEN.
 Continuing, Mr. Bush said that it must be plainly apparent that they could not go on with the case until this analysis had been completed, stand, your Honor," said he, 'I must ask for an adjournment until that time" The lawyer expressed his regret at being. obliged to subject the young men to further inconvenience by continuance, and went on to explain how impossible it was to hurry the analysis. In conclusion he said, sI therefore ask for a continuance for two weeks from today"
 "Is there any other ground, MT. Bush ?" inquired Judge Blydenburgh
 ''Yes; the coroner's jury have not complet- ed their labors. They have witnesses that l will come before them today"
 EsWhat do you expect to prove?" was | Judge Blydenburgh's next question. q expect to prove the manner that this | girl came to her death, and expect to prove | it definitely"
 s'Is that the only answer we are to get ?' s'It is"
 Mir. Fox, addressing the court, opposed the motion offered by Mir. Bush. He urged that | the defense was ready to proceed and 1t was | not fair that the State should daily in the matter. He said the constitutional right of l every person was speedy trial He then ! read from the authorities in proof of his as- | sertion. In regard to the argument that the | reason for delay, asked for by the prosec u- | tion, was that the coroners jury had not re- | turned their verdict, the attorney said: We | have nothing to do with that jury. It is un- | fair to make us wait for that tardy jury. If there is anything found in the stomach of | that girl we will be prepared at any time in | future to meet it. But I ask now for trial or move that these young men be discharg | ed
 Mir Bush replied that the necessary mo- | tives for the adjournment of this case had given opportunity to appeal to the court on | the ground of humanity not to allow their | clients to remain in jail an unnecessary length of time. In conclusion he said: "We l do not want to be hurried. This is case of great magnitude and has attracted the atten- | tion of the whole country. It is due to these young men that the hearing be full and con- l plete that all that can be brought against them be produced. Certainly delay of ! three weeks is not an extraordinary delay. | Your Honor has full power to grant this de lay. It will certainly take two weeks to get l to where the chemical analysis will be intro duced. We have the right to begin our case ! right end foremost. To begin now will place | the State at disadvantage. It will take two l weeks to finish the chemical analysis and we cannot begin the case until that is compile ! ted''
 Mr. Blydenburgh in response said that it seemed to him that the prosecution had started prematurely and now the attorney sought by delay to make up for the errors of the past. It is only necessary to turn to the | Constitution of the State to show the rights | of these young men. What right had the prosecuting officer to brand these young men ! as murderers on the testimony he had2 None l at all. And now they ask for more delay to smell around these putrid remains and seek the evidence that they should have had when these young men were first arrested The law says the State must tell what he expects to prove. Now, MT. Bush, tell what you ex- pect to prove, or I ask your Honor to dis charge these young men. The State admits they know nothing. Did these young men try to run away? No; and they intend to stay here and meet this charge fully. ask your Honor to make the attorney state what he intends to prove, and I then ask for a | speedy trial the immediate discharge of E my clients.
 , Mr.Bush replied at length, arguing that the delay had been to the advantage of the de- fendants. It enabled them to advertise for
 
 matter and the result has been they got what they wanted. A continuance of two weeks more may give my friends time to get other information, perhaps. appeal not to your sympathy, but your sense ask your Honor to grant this much needed delay that we may either get information that will result in your ! Honor finding probable cause against these young men or making their innocence ap- pear as:clear as the monday sun. My sympa- thies are certainly with these men if they are | innocent. I am heartily sorry, if they are I innocent, that they are subjected to thi de- | lay and incarceration. Yet they have them . selves to blame for their actions and their present position. .------ After the arguments Justice Booth said: | "Well, gentlemen, think the State is honest in this motion for continuance don't believe they would come here and ask 1t un- | less in good faith. As to whether they | should make known what evidence they have | am not lawyer enough to decide. Certainly the coroner's jury has not yet returned a yer dict and I think must grant this motion" | Then followed motion by MT. Fox for ball. which was argued at length by counsel on both sides, both quoting authorities in ) | support of their proposition. After the ar | guments an adjournment was taken for dln- ner, the Malleys with their friends, accom- | panied by Sheriff Peck, going to Hills Home stead on the shore to dine.
 At 8 o'clock yesterday afternoon Justice Booth announced his decision in the matter | of bail. He had no information-there was no testimony before him, and he could tell nothing about the matter in question. He was | not able to tell whether it was murder in the first or second degree. It appeared to him simply as a case of murder. Therefore it was not bailable. Attorney Blydenburgh then asked that the prosecuting attorney be compelled to state what evidence he had, but the justice declined to do so.
 | The justice refused to state what New | okfo 6A ho6 fo1 in ] matter.
 Judge Blydenburgh after the decision of Justice Booth expressed his determination to get out a writ of hG6eoe corpus and get the Malley boys out of jail at all hazards.
 THE INQUEST RESUMED.
 At II o'clock Attorney Bollman and the jury of inquest held brief consultation, when it was decided to go ahead with the hearing. Just previous to this time James l Malley ST., entered the hall and took 8 seat among the audience.
 The first witness called was John V. Hal lenbeck, who testified that he resided on Grove street, Savin Rock; on the morning of August 6 I saw the dead body of Jennie | Cramer on the beach; I think saw her alive the evening of the day before; it was about 5:30 o'clock; she was passing my place with another young lady; no one else was with | A6E; l WdS dtGEdCtou Uy bAc dppcdE- ance of the two girls; they were two very extraordinary nice girls; they were dressed in white; I was sit ting under an awning in front of my house and the two girls passed within fifteen feet of me saw them plainly; have seen pie ture of her and it seemed to me she looked better than that; have very little doubt the l girl saw that evening was Jennie Cramer; I cannot describe her dress or hair: have not seen the other girl since.
 Edward Henry Smith testified: I reside at 15 Osborn street, New Haven, and now keep barroom and bowling alley on Grove street, at Savin Rock my place is next to MT. Hallenbeck's; the night of Friday, Au- gust 5th, was in my place till twenty min utes of 12; then myself, my bartender, John McCue, and a boy named Joseph Early took stroll down to the beach; McCue is now working at John Maley's pool room, corner of Grand and Hamilton streets; where the boy is I don't know we went down and sat at the beach until quarter past 12 and then started to come back to my place of business near the1cor- ner of Grove and Beach streets heard