Year: 1872

The Case OF Tom Fields To BE Pa ssed to


Early Trial-Jadge Brady's Ruling.
Judge Brady, pursuant to his intimetion Of the
day previous, rendered yesterday the following de-
cision upon the motion to postpone the trial OF
Thomas G. Fields:-


JUDGE BRADy's OPINION.


deemed 1t proper to consider more deliberately
than possible upon the hearing OF the application TO
postpone the trial Of this Indictment, which is
strenuousy opposed by the District Attorney, mas
much as the proceeding is one which may seriously
afrect the liberty OF the defendant. The views
then expressed, however, are only confirmed by
reflection and reference to the authorities. The ap
peal Is to the discretion OF the Court it is true but
that discretion Is said to be an enlightened view OF
the case, and q correct application OF the rules OF
law; butt Is to be exercised with caution, however,
when


THE CIRCUMSTANCES ARE SUSPICIOUS
or the papers presented are insufficient in form
aud substance. In criminal cases the request must
be scaned more closely wnen either OF these ele-
ments exists, on account II is said Of the superior
temptation TO delay aud to escape the routine of
the law. The rules which govern the Courts In this
and kindred cases were elaborately discussed and
800; and 1t was held in accordance with an un-
broken current OF authorities that though the alb
sence OF a material witness is good ground for
putting or trial, when there is no cause for susp
cion that the object Is delay, 1t should neverthe-
less appear that he cannot be procured at the time
when the trial is about to be brought on, and that
there is reasonable ground to expect his attend
ance.a the next term OF the Court. The affidavit
M the in s1 asnS g any





witness and In failing TO show due diligence In
the EFFORT to ascertain his place OF residence or
ssojourn. Conceding. therefore-as may be done for
the purposes OF this motion-that the testimony OF
the absent witnesses may he material, nevertheless
the rules to be observed are to be complied with
1t must be further remarked that the atiidavit Is
not made by the defendant, which, II 1. be not suS-
pcious, leads 20 criticism and doubt OF the iona es
Of the application. In ease OF this magIitsde the
defendant should appear upon the record. IL may
be said also that In the argement


THE FLIGHT OF THE WITNESS
m I up1o .faS1d
conceded; anG, assuming that TO be as declared it
destroys all reasonable ground TO expect his re-
turn to this Jurisdiction, and makes II more sppar
cnt that the motion to put Off the trial should not be
granted. The defendant has been indicted for some
months aud, although not advised OF his intended
trial at any particular time, has had time to prepare
TO meet the charge. He should, 1t is true he
arorded reasonable opportunity to procure the
attendance OF material witnesses. but delay for that
purpose can only be granted upon compliance with
established principles.


The motion is, for these reasons, denied.


TINE or TRIAL,


The above decision ccmpels the bringing to speedy
trial the case OF Mr.. Fields II was understood and
was so stated, that his trial would be set down
Tor the first TO be heard at the Court Of oyer and
Ierminer on Monday next