The times., 1897-05-18

as the g,ntlerian may confidently expect;
but. your honor, We have male no eItDIt
at any time 10 oppose the WISHES oi the
court. When the indictments were found
against our clients and when the demurrer
were overruled, we waited upon The court
aud asked for an Immediate tri$l, but were
told tnat il was not WITHIN the pleasure
of the court To try them, and that they
could be taken up in their regular order,
and hal il not been for the pressing nature
Of Mr.. Joiinson's engagements before the
United states circuit court we would nave
been ready TO begin today For tnat
reason 1 trust your honor Will consent TO
q postpoB ement until Tuesday next"
Il don't see why they should be iut
off until Tuesday. Why not Monday, and
begin tie week" enquired District At
torney Davis.
For the simple reason" replied Mr..
Wilson, that both Messrs Hayemayer
and Searles reside out of the city, as
also do many connected with the cases,
and being compelled to be here Monday,
they will be obliged to lose day OF
recreation and rest with their families
aud be nconyenienced in other ways"
We'll" said Mr.. Bradley, the repre-
Seutatcns made by the gentleman for
the defense seem just and reasonable.
The engagements of one of the counsel
are OF ture that cannot be remedied
and l think they are good. l do rot
know Mr.. johnson personally, but
know him by repute as an able lawyer
and "a very busy man, and see no reason
why the case should not go over until
Tuesday next. There are no important
"a
of the court at present, and will grant
tile postponement asked for, until Tuesday
next, at 10 O'Clock.
At this juncture it was suggested that
the witnesses who had teen summoned
would be called, and the following an
swered as being present.: Edward Murphy,
jr, stenographer OF the special committee,
Harry II Smith, ex-journal clerk OF the
Senate; William B. Hibbs, the street
broker: H. R. Cunningham, and Robert
Miller. Those witnesses who were not
present were Senators Gray of Della aware,
Jones OF Arkansas, and Allen of Nebraska,
aud Messrs Benjamin F. Durfee, b. w.
Layton, Franklin Temple and w. c. Prem
tiss.
District Attorney Davis was asked after
the case had been postponed what lie had
TO say. Nothing whatever" replied the
district attorney, Except that the appil-
cation was granted owing to an imperative
engagement of associate counsel, and, while
felt obliged to oppose the motion, as
think one counsel is amply sufficient to
try the case. still felt that the application
would be granted"
Mr.. Nathaniel Wilson declined TO discuss
the features of the cases, but said that
there would bc ample time to do so when
the trial was opened.
Should the Government succeed in ma king
it's case and the sugar trust witnesses ;.Ie
found guilty, it is quite probable that the
cases will be carried to the toGtt or fp-
peals 1t does not follow, many say, that
because Justice Cole let Chapman of with
the minimum penalty the same sentences
will be M eted out to oHayemeyer and Searles.
Justice Bradiey's severity is well known,
and re is no Iespecter of persons where q
cupable violation Of the law is concerned
The penalty for the offeDseis not less than
one month nor more than twelve months
Imprisonment and a fin eofnotlessthan 500
and not exceeding ST 600, and the SEN
tences may he heavier than that OF Chap
man, because his case being test one re
was treated by Justice Cole with ienien ".