Show dist district r 1 et court v I reporter teporter WEDNESDAY jan 5 I 1 am in in the record of yesterday it was made to appear that mr N L was ordered to be discharged mr wilson sald sold that be he had bad prepared his argument areu ment in reply ta to major motion to quash the array in the case ot of the judge replied that as agthe the case bad been disposed ol 01 by the grand jury the man was not in court and therefore be he could make no entry respecting him further than the order for tor his discharge the district attorney thought it was about time they went on with trials and wished to know whether they were to proceed with the united states case that was before the court or whether they should lay it over until certain prisoners in custody were tried the court replied that mr wilson being the tor he should leave that question elih with him bim that he be might try those cases first which he bethought thought to be ot bf the most importance geni geall ferguson had no objection to his case bein being glaid laid over provided that he be permitted to practice as he abad had tad been applied to to defend some of the prisoners now incarcerated car and charged with crimes the court would not permit geni geall ferguson ta practice till his own case was war disposed of benl ferguson presented preben ted a motion to dismiss the case on account of the expiration of the lawful law ul term of the court and said he was prepared with authority to show that the court was not legally in session the court refused to entertain fhe the moton motion or to bear arguments on it twelve petit jurors were then called bv ballot geni ferguson offered peremptory challenge to john 5 mendenhall and J F stone the attorney for the U S objected to extending the right of per peremptory emptor challenges beyond be ond the tiie number of four which was the practice in pennsylvania After alter argument on the question the court overruled peremptory challenges refusing to allow any challenges without cause the court took a recess till 3 rpm p m 3 P M court fourt resumed it its session sherlia burton came into court and asked to be instructed in his duty relative to the discharge of the prisoner whereupon the judge ordered that part of the record containing the order of the court concerning conce concerning to ba be reads ready read and directed dire dirc ced the sheriff to take official cognizance of it geni ferguson wished to know inow jf his witnesses were in court I 1 the district attorney contended that the petit jury should te first sworn on examination of the subpoenas sub penas ll 11 wab was learned that the returns showed all the witnesses fouled except george P stiles the judge asked assed mr ferguson if he be thought the wit ness was in the I 1 territory errit ory or could conid be baroug brought drought ht within a reasonable length of lime time gei ger gell geli 11 ferguson presumed that stiles was not in court the court ordered the marchal to call george P stiles three t mes which beng being done and no one answering the judge in formed informed geni Fer per ferguson guon that stiles was not present geni ferguson stated that he could not go to trial safely without stiles mr wilson was opposed to that matters going on then as they were engaged in panelling em ew the llie traverse Trav erFe erse jury the judge aked mr ferguson if jf he had anything to say as a reason for not ging gin to trial wit geni ceni ferguson Fer guon rehearsed the he proceedings of the court in relation to his case said be had bad called for sor witnesses and had bad not before had bad an opportunity to ask akk whether they were present mr wilson stated that all those dilatory pleadings were intended to the ends of justice mr fergnson ferguson replied and urged that the remarks of the prosecuting counsel reflected on the court for sor permitting the ends of justice to be defeated the judge understood that there ther pas was a aletter letter from judge stiles explaining all those matters and thought that thit mr wilson bad it whereupon the letter n was wab as handed banded by a bystander to mr wilson who handed banded it to the judge court adjourned till 11 am of tomorrow to morrow jan 6 THURSDAY jan an rh it lini lihi am grand JurIc jury ailed called twenty present they were ordered to retire to their rooms the grand jury were called into court very meph excited exited c were reproved by the judge and benj enjoined to retire and deliberate calmly after waiting half bait an hour for the grand jury and tt ere being no bus business incEs presented the court took a recess till halt half past two p m 2 30 P M the foreman of the grand jury presented two bills endOrsed lg Ignored nored cored 2 one of the bills was against benjamin P Ingraham fon for drugging liquor the other was an indict indictment meni against W J mccormick and ase joseph ph F vernon for distilling liquor without license ur W walson I 1 son stated that be he had no more business to present to the grand jury the grand jury was then discharged the court adour adjourned ned until tomorrow to morrow jan aj 7 at noon FRIDAY FRIDAYS jan 7 nook noon clerk called up the cabe case case cabe of the united states va vs james ferguson esq geni gedl ferguson ferg Perg presented two bills of axce exceptions alons the court agreed to enter the second but declined the first which referred to the expiration of the term nf of court derill fergnson ferguson made affidavit that ha he could not safely go to trial without the evidence of ei ex judge EU U ee the judge read the affidavit in open court gen geni ferguson remarked that the district attorney had bad objected to hs his affidavit on the grounds that it was too late and because there were no facts fads specified that were to be proved by judge stiles in reply to which he be begged to say that there were no facts alleged against him in the indictment and hence he could specify no facts that he be wished to disprove the court overruled th the motion emotion for a continuance the district attorney wished the defendant defend int to state what objections he had bad to the two jurors whose names ho be had markta mr ferguson replied that they were simply because they were v ere non nan residents mr john johr S menden mendenhall hall hail and mr stone ston e vere then ex by the district attorney ab as to their qualifications to sit sl ton on th the ejury jury cross examined by ferguson and miner court took recess till halt half pat three 3 12 1 2 P M court res re sumet sumei urne utne its sess gess session ili ill lii geni ferguson opened the argument argan argau enton on the fIca eions of the jurors to whom he be had hall objected mr wilson briefly rep replied liedy after which mr F ferguspn egus rn concluded the argument court adjourned until tomorrow to morrow jan 8 at 11 II am SAr SATURDAY unda URDA aj jan 8 59 11 a in court met pursuant purs to adjournment I 1 I 1 judge sinclair said that after considering the hie arguments of the bartles on ithe jibe challenges that nal had nai veen teen een cen made for cause thoe those challenges were overruled and the jury were ivere ordered to be bes woin mr ferguson gave notice that lie he would file a bill of exceptions to 0 the ruling I 1 of the chirt C the witnesses were next called and several being absent they the were ordered to be summoned immediately court took a recess till halt half past one to give time lime to procure the witnesses 11 2 P M U court resumed its session witnesses not being all present the count court therefore ordered the absentees tol to brought into court the traverse J jurs jury a r r were sworn four at a timed time mr witson Wilson opened the proceedings bit ton the part of the we united states state and major blair biair presented the case to the jury on behalf of the defence marshal dotson dr hurt IT r F morrell ll orrell esq eq and thomas 3 williams esq w were ere examined for the prosecution cross examined by ferguson and blair biair court adjourned at pix six p in until monday at I 1 11 I 1 a mo iu 1069 II 11 am court opened as usual record read and the jury called of witnesses was resumed on the part af cf the united states john stiles father of the late judge stiles and wm win P F K parker were amnel examined ex for the prosecution john G lynch and william I f appleby were examined for the defence after which court tooh took a recess pm 3 P M the court resumed I 1 its ts sension cession mr ferguson said that froin from the testimony already ad diced dicel he felt safe and would rest test the case for the defence unless the district attorney intended to argue to the jury mr wilson sald said that he would argue the case william 0 staines and anti aurelius Au reilus rellus miner were then examined for the defence mr fer FeT ferguson guson bald bad sad he had aad a number of other witnesses but was willing to rest the defense where it was court adjourned until ta tuesday asdal at 11 am a m tuesday jan 11 II ii ll 11 a m court met in God Goddard dards fl hall nail and adjourned adjourned to tb the sok social k hall hail SOCIAL HALL nall 1130 11 30 a brn bin m judge sinclair read a note frum from hon non john taylor speaker of the orloue of representatives tend tendering ehing efing the ue use of tle the representative bl hall nail far for the day record of monday rea read mr allson walz on opened the argument to 0 o the tha jury on the he part of the united states and aud geni ferguson argued iu in defence I 1 mr wilson followed follow ed and concluded conc concil ludd dad 16 for tor the prosecution se after the judge had chaget the jury jurys they retired to their room district attorney wilson presented an indictment for mu murder ader endorsed uga a true 1111 iiii found by the grand jury a against tah tait pah pah we ve pah rah an indian ko no return haring having been made on the subpoena the court ordered a capias caplas to be issued in tle lle usual form mr wilson remarked that that being the last case casern in which bich the th united states B was as a party he would call up the territorial business and expressed a wish wih that the cabes of the parties in prison be tried first the judge observed that up to that time the united States would pay the expenses buffor auf for fur the expenses ot of the territorial business there was no provision the rule ruie in his judgment was that when the united states busl nees ness was through the court called up the territorial business but hut it did not cot cl change I 1 ange its character t I 1 at 3 16 the court took a recess till ato await awalt the report I 1 of the petit jury jurs ry i 41 t 4 P M the court again took a incesti recess to awalt await I 1 the report of the jury I 1 resumed at 6 jury brought into court and polled as to the probability of their argument they bev sev brally gae gave their opinion that they could not agree I 1 5 the jury were raglan agian ordered to retire and the court took a recess till 84 I 1 8 20 the jury came into nto court and presented their merdict ot guilty geni benl ferguson was immediately discharged court adjourned d j burned until tomor tomorrow to mor morrow row jan 12 to met meek at 11 I 1 a in in God goddard dards s nail hall |