Evening star. [volume] (Washington, D.C.) 1854-1972, 1891-01-19
THE CASE OF KINCAID.
The Day for Trial Finally Fixed ON Marcel
10 Next.

The Day for Trial Finally Fixed ON March
16 Next.
In the Criminal Court, Judge Hagner. this
morning the case of Charles E. Kincaid, in
dicted for the murder of ex-Representative W.
P. Taulbee at the Capitol on February 2s last
was considered on a motion to set the case for
trial, a notice having been served by the dis
trict attorney that he would ask the court to
set it down for trial on the 26th instant.
Senator Voorhees, said it would not be posi-
BILE for Gov. Grosvenor and himself to go in
the case prior to the adjournment Of Congress-
1t was a case Of great importance to the ac-
cused that they should appear and it was well
known that matters had assumed such condi-
ton that they should not be required to leave
their duties at the Capitol. Gen. Grosvenor's
duties required his presence in the House of
Representatives and he had suggested that the
case be liked for some date in April.
DISTRICT ATTORNEY HoGE OBJECTS
District Attorney Hoge said that he had re-
ceived a communication from the counsel stat
ing briefly the reasons already given why the
case should not be called this month. He had
set the case for the 26th because of the undue
delay and because many of his witnesses were
connected with the House.
To put off the trial until after the adjourn
menu Vi SOuSreSb WOulu Involve some trouble,
risk and expense, for they would return to
their homes and there might be a failure to
find some Of them. He was willing to accom-
modate counsel engaged in the public service,
but he was not in a position to consent. to a
long delay, and if the case was continued he
would ask that it be put off no further than
Immediately beyond the adjournment of Con-
gress.
The court asked when the case had been set.
The district attorney said that the parties
had been notified that the Goth had been
selected, and this was done in accordance with
the custom Of the court intrusting his Office
with the assignment of business.
GEN. aRosvENoR's STATEMENT.
Gen. Grosvenor said he supposed that the
court takes notice Of the business in Congress
and could readily see how difficult it would be
for them to go into the trial When they we're
engaged in the case they had expected to try
1t In the fall, but Congress continued its SEES
sion till October last, leaving but a short
recess. 1t would not be just to the defendant
to deprive him Of the counsel he had selected
and opportunity to fully prepare the case. He
would, however, be perfectly willing that Sena-
tor Voorhees, should remain here.
Senator Voorhees, II reciprocate Gov,
Grosvenor has my permission to be absent
from the House."
Gov. Grosvenor said as to the witnesses re-
siding at distance that if the case was set
after the adjournment most Of them were de-
tanned here thirty days, and they could be
served before they left the city.
The district attorney remarked that the local
cOunsel-Judge Wilson and C. Maurice Smith
could 60 on with the preparation.
KINCAID's HEALTH DISCUSSED
Judge Wilson remarked that when the de-
PENDANT was admitted to bail it was on the
ground of his precarious health, and his
condition was such that they had had no oppor-
tunity to cont with him and prepare for the
trial.
MIR. Smith said that Judge Kincaid's condi-
ton was such that on his release on bail il was
deemed necessary that he should make every
effort to regain his health and it was because
OF his condition that the preparations were not
further advanced.
Judge Hoge said his information was that the
defendant was in improved condition and was
travelling in the state.
Mr.. Smith answered that he had improyed
somewhat as the result of travel.
THE CASE SET FOR MARCH l6.
Judge Hagner remarked that this was the
first time application had been made to set the
case and the court would, ordinarily, if the
time set was unusually short, extend the time.
The reasons given by the counsel in Congress
are OF such a character that it seemed the re-
quest to extend the time should be granted
While possibly lawyers in Congress should not
expect any courtesy, not extended to other
members of the bar it was manifest
to set the trial during the session
would greatly Inconvenience them and be un-
just to the defendant, who expects their serv-
ices. Besides, as there were witnesses employed
by the House, the prosecution would be put to
some disadvantage, for they will want to confer
with them. He would not assign the case for
trial during the session.
Mr.. Smith suggested that Monday, March 16,
be selected for the trial. Mr.. Wilson re-
marking that the counsel thought the trial
could be finished in a week. The court &C.
cepted the suggestion.