Year: 1867

animation OF witnesses who here As to the witness
cuuon hoped that he would be here IN time to be
used for the defense The defense had made eXerons 70
get him. and he Mr Bradley understood the Wltnesss
would be here in the next steamer from California. The


ar on ad 0Sd @ed AL SG fs & hd T nS%
should be examined even though the defense had already
gone into the case As to the witnesses from Maryland
Few-York, and elsewhere, the defense knew nothing
ABOUT them. the prosecution wouid give lhelr
by them, the defense would probably enter into
some arrangement whereby their evidence could be
witnesses could not be got The United States have
had ample time and the ampest means to get witnesses
The defense IN anticipation OF the trial taking place
today had brought witness from the most remote
portion Of Texas and II the defense could do tht with
the limited at their command, the United states
could certainly do much with all its resources. Before


nety stated what diligence the prosecution had used
and whether the witnesses referred 10 had been sub
wearing out the slender of the prisoner but
wearing out his very existence and he has night to
speedy trial. The Government stands higher grounds
than the criminal accused Of henous Ofense, but 1t
and discretion OF the Court and it s therefore, the right
OF the defendant TO know clearly and distintly what
fore ike to be advised whether all the witnesses referred
10 had been subpenaed. Mr.. Bradley also made point
not known TO the defense, and discussion ensued rca
tive the right Of counsel for the defense to demand
the witnesses DstricAttoney Darlington contended
that had never been the practice 70 do as Nh Bradley
suggested. The argument had no particular bearing upon
the lect at issue, -


Mr PererOnt said he could not speak for the District
Attorney as TO what diligence had been exercised PM ne
understood that the proper exerOns had been made He
did not know what the practice was here but in all other
courts where he had pracced when the DistrctAttOr-
ney that he had used due diligence and stated
that it would be two weeks longer before he would be
ready to proceed TO trial he knew that anything
further was needed The statement was always deemed
sufficient unless the Court discovered that the officer
abusing ms position, ana was not making ana hau hot
made due diligence. lie did not suppose that an aii-
dayt would be required Of an officer of the Court.


Mr. Bradley said he did not ask for an affidavit. He
simply desired 10 know il the witnesses had been sub


The Court asked Mr. Darlington if lie Lad exercised
diligence 10 secure the attendance of tho witnesses re-
feIIed to.


Mr. Darlington said he anxious 10 proceed to the
trial Of the cause but he could not safely do so now He
had been guarded IN his statements as TO the diligence
used because he had been much engaged in court but
lie understood from his assistant, Mr. Wilson, that all dill
genCe lad been used and that the Witnesses had not
only been subpenaed, but officers were now out after
them. After further discussion on this point Mr.
Darlington said he did not deem 10 tO be his duty 10 dis
close the facts he expected to prove or TO furnish the
names oi his witnesses.


by the prosecution 1t stated that there was one who
was expected TO testify to what be had testified on a
former Tla Did that knowledge Just 10 the minds
OF the attorneys for the prosecutions II not, they nave
had two years wherein TO secure the witness referred TO-


Judge Fisher said the Court understood due efforts
had been made and that certain witnesses were not now
present whose knowledge OF certain important creum-
stances had recently been brought to the nOlce OF the


Mr. Carrington replied that he was anxious TO 90 to
trial, but that he not ready. he understood
from his assistant, Mr. WilsoD that ali due diligence had


Mr. Wilson, Assistant DistrictAttoney, into
Court ~ this moment and said there were three or four
whose attendance had not been procured but
who daily expected. One OF these witnesses was
woman in New York, and he WsOn) had dispatched an
officer TO that city for her and had also advertised for
her the daily papers. That witness had not yet been
found Another OF the witnesses was soldier residing IN
Massachusetts, and MS residence had only been found
after dgent search of the records OF the Adjutant-
Generals Office, and, although every eNertlon was being
made he had yet been found Every effort had been
made get ready for the trial. and in some instances
two subpenas had been issued for one witness It was
account of the absence Of these witnesses that the
prosecution was not at this time prepared


Judge Fisher said that in view Of this statement and
under the circumstances he did rot that anything
could be done other than to postpone the until to-
day weeks which would bc the 10th Of June, and he
would accordingly postpone il ill that time Mr. Brad
ley made suggestion Ia the payment OF witnesses FOR
defense, the Court ordered that they should be
paid aud that the expense OF bringing others should also
be Tie prisoner then relnanded TO the custody
OF the Marshal, and was taken back TO jail.