Show That Question Again The question heretofore mentioned as having been raised by Arthur Brown Esq under the statutes in which he claimed that a party against whom an indictment has been found must be tried at the next term of the court after the finding of the indictment indict-ment or he should OB discharged unless good cause to the contrary were shown when he mignt be released re-leased on his own recognizance came up again yesterday before Judge Hunter and was discussed at considerable con-siderable length This time it was in I the case of The People etc against Henry Newman indicted in November Novem-ber last for an assault with i deadly weapon since about which time the accused has been confined in the Penitentiary The case was set down for trial on tie 8th and the witnesses for both parties were here having come quite a distance I happened that tho wife of the leading witness for the prosecution was dangerously ill at Terrace and yesterday he had returned home I Judge VanZile thereupon moved for a continuance giving as his reasons for the motion the absence of the principal witness on account of the dangerous condition of his wife L J Sharp Esq counsel for Newman argued against a continuance con-tinuance and called to his aid the statute on the question heretofore published He also remarked that if the statement tbat the wife of the principal witness for the prosecution was dangerously ill were of weight then the assertion that the wife of his client and her four children were starving and needed the protection of of their natural protector should also have weight I the continuance were granted he moved that his client be released on his own undertaking under-taking in bail Judge VanZile replied and argued that the words may used in the section saying the court tray discharge the prisoner or release re-lease him on his own recognizance could not properly be construed to i mean must but left the matter entirely at the discretion of the court Judge Hunter held the same view granted the motion for n continuance and refused to rll laaao tha defendant on his own undertaking His bail however was fixed at 300 |