1879 01 09 page 4 part 2
NOT READY. Mr. Johnson If your Honor please, I appear for Mr. Bennett and Mr. Flaherty. The indictment upon which wo are to plead la a very formidable document, numbering about 215 pages, and is too long to read to thiB Court. It would take a day aud a half to do it. Tho indictment was found ten days ago, and as soon as tho finding was announced, we applied for a copy, but such is the length of tho documeut that we could not obtain it until late on last Tuesday afternoon. Consequently we have not had time to examine it, and cannot say what It contains or what we are called upon to plead to. I would submit that twenty - four hours is not long enough for us to look into a document of this lougth, and ask for more timo. The Court Has the District Attorney any motion to make ? Mr. Weinberg I move to put the caie down for trial. Mr. Johnson But, tf yoUr Honor please, we ask time to examine the indictment. The Court Of course, you will have - all the time you require. Mr. Wernberg Wo have no objection to an adjournment adjournment of the time when tho defendants should plead to the indictment, but we want it understood that we move to have the case set down for trial on the 15th instant next week Wedneedaj'. The Court Then let the plea be set down for next Monday. Mr. Johnson I think that will be an inopportune time for Mr. Persons, who is iu the case, to bo present. The indictment is a very long one, aud we have only two days after to - day iu which to examine into it. Mr. Wernberg There are only three counts iu tho iudictinent, and the allegations are all contained iu the overt acts. It is not such a formidable thing to get through. Tho Court Let the plea be set down for next Monday, Mr. Weruliorg But how about the motion to fix tho time for trial? Mr. JohuBou I think that question better stand over until the same time. This ended the discussion, aud tho indicted officials left the courtroom. The District Attorney will make a strong effort to bring tha case on for trial at this term of the Court. There seems to be a little question whether the action will be tried in the Oyer and Terminer Terminer or iu the Sessions, where the indictment was found. The civil busiiieos of the Circuit Court will keep one judge busy, and unless tho case is transferred to tho Sessions or tried l,y oue of the other Supreme Court judges it will not yet tried this term. Should one of bis colleagues relieve Judgo Pratt iu tho Circuit Court, he could then hold the Over and Tomiinor.