Year: 1864

UNITED STATES CIRCUIT COURT.


Before Hon. Judge Shipman.


The long pending Of the United States Captain
George W. Cunningham, charged with scutting the
American ship Senator, has occupied the attention Of
Judge SHERMAN and the counsel employed in the prose-
cutiou aud Defence for several days, On Monday the
case postponed but the following day, Tuesday,
arguments for and against its further posconement
heard by Judge Shipman and Wednesday It was
nnay decided that the trial should take psce the 4h
Of April next.


Mr.. Tracey, on Tuesday, urged the immediate trial
Of the accused. He said defendants counsel had re-
ceived note from the public prosecutor stating that
the would be able to 90 with the
in consequence OF the absence OF some witnesses. The
had been set down for Monday. and they had re-
ceived inmation Of this until the previous Friday
Prior to the receipt Of the intimation counsel
had already subpGnaed o large number OF witnesses
from great distance, and they were prepared to
try the 1t most important to the accused tnat
he be tried He arrested In July last, the in
dictmepts having been found against him the lltn OK
December In the meantime he had been out on ball. On
the I7h OF February arraigned the trial
they had made all their preparations The defendant
master Of vessel he had been thrown out of employ
ment since July and he had gone great in pre-
pairing for his defence and II would be impossible for
him at another time TO be so well prepared The was
which could be disposed OF Without any great difficulty
We DESIRE therefore, TO press the case 70 some ultimate
disposition





impossible that they could proceed with the case in the
absence OF the United States District Attorney to-day,
and he thought equally impossible that they could pro-
coed with tomorrow in the absence Of important wit
nesses. The accused arrested, it true, in July
last charge made by two Witnesses, both OF whom
swore that they him engaged IN boring this vessel.
Certainy more conclusive evidence could not be
produced to the commission or crime,
and although the offence punishable with
DEATH he had been all this time out bail lnasmuch
there Grand Jury in session until the following
fail, the Court had determined that it would improper
to keep the prisoner confined during the summer aud
therefore admitted him ball. IL impossible 10 pro.
ceed with the trial the at the last term various
ln the first place. the not ready
70 proceed with it. and in the second place the time
o the Court occupied with other business, and
could proceed with it. II then suggested that
DAY hsud appointed for the trial and the Court asked
the District Attorney to X such day. The District At
torney Stated at that mo that 1t would be difficult
to fix day, but after consultation with MIR. N0yes,
it finally arranged that the trial should take place
the event OF his berg unable proceed with it, would
give due notice to defendants counsel the District
Attorney absent in Washington he should ask for fur
ther delay.


The Court-That excuse, the District Attorney
told me he would be ready this morning. When IL
discovered that these witnesses in limbo in Manner
Mr. scudder stated that at the the Court set this
down trial the 7th, two three Of the wit
a voyage from Belfast to Boston. Those
and II they bad been unable 70 give bail this course
would probably have been taken The case. against
the accused has been auch great hardship
here represented He has not been kept confne.
ment.


The Court-When IL discovered that these wit