The Washington times., 1901-11-04
BUSINESS OF THE COURTS
Circumstances Attending Postpone
ment of the BOnine Trial.
Six Weeks Likely to BE Spent in
Hearing the Case-Tcstimony Be
fore the Grand Jury Summurixed-
The Cherokee Nation Proceedings.

The postponement of the trial Of Lola
Ida Henry Bonine, indicted for the muir
der of James Seymour Ayres, jr., which
was scheduled to begin on Wednesday
next. is a great disappointment to those
who confidently expect sensational deyel-
opments during the~ investigation. The
delay, however, was nearly unavoidable.
because it would be practically impossible
to have begun even the preliminary steps
in the trial until Saturday next under any
circumstances because OF the lack of
jury The jury summoned to serve during
the month of November is not ordered
to report for duty until Tuesday, Novem-
her ., and even if it, We're completed on
| that day a thing quite unlikely, still 1t
would be impossible under the rules of
criminal practice in this Jurisdiction to
call the defendant to trial before Satur-
day. The reason for this Is that in cases
where prisoners are accused of crimes for
which the penalty is capital punishment,
the rules of practice require that the Gov
ernment furnish to the defendant at least
three whole days before the trial begins
list of the jurors VINO are to pass upon the
innocence or guilt of the prisoner. In
addition to this It will be necessary that
the defendant be also served with list
testify on behalf of the Government.
1t is not at all probable that counsel en-
gagged on either side of the case would
suggest that the trial begin on Saturday,
so that will certainly throw it over into
the week beginning November II next. 1t
has also been stated that the case has
been set for trial on Tuesday next. Dis
trict Attorney Gould, however, stated one
day last week that since it became neces-
sary to postpone the commencement Of
the proceedings from November he has
not made another assignment of a day
for Its beginning. 1t is expected tnat to-
day or tom rrow he will hold a conference
with counsel for the defence for the pur-
pose of fixing another day for the trial. 1t
has not yet been decided In which branch
of the Criminal Court of the District the
hearing will be held nor which of the JUS
tees Will preside at the trial.
During the examination of the Witnesses
before the grand jury wi ich indicted Mrs.
BOnine. Assistant District Attorney Hugh
I. Taggart had charge of the case, and
he will assist District Attorney Gould in
the prosecution when Mrs. Bonine is
called to trial. For some weeks past Mr..
Taggart has been busly engaged in max
ing an abstract Of the testimony for use
at the trial. The testimony which was
offered before the grand jury consists Of
about 800 pages of typewriter matter, ana
was taken and transcribed by Assistant
Attorney Jesse Atkins. Mr.. Taggart has
condensed the most important part of the
evidence into about 100 pages, which will
be used for ready reference at the trial.
The time which the trial will occupy
the attention of the court is variousiy
stimated at from four to six weeks. This
Of course Includes the time which viii be
taken 20 complete the jury. This, it is be-
lieved, will take up probably week or
ten days.
The hearing in what Is known as tkt
Cherokee Nation land case, which was
begun before Justice Hagner on Thursday
last viii be resumed tomorrow. The
proceedings were instituted by Thomas
NJ. Burlington, Joseph NJ. La Hay and
others on behalf of themselves ann others
to prevent the Secretary of the Interior
from proceeding further in the matter Of
the application Of the Cherokee oil and
Gas Company for a mining lease of lands
claimed by the petitioners, The land in
question. 1t is conteuded, Is part Of that
granted the Cherokee Nation by the
United States Government by treaty in
1875 In the near future it is said that
this land Will be divided among the citi-
Zeus of the nation by allotment In view
Of this the granting Of the mining leases
to the Cherokee Oil and Gas Company; IL
Is contended. Till-ta.arls sf-4t htrdShit
to rne Cherokee people.