Show that question attain the question heretofore mention ed as having been raised by arthur brown eia under tho statues in which an indictment bad been found must bo tried at the next term of the court after the finding of tho indices indicts ment or he should bo discharged unless good causo to the contrary where shown when he might be released on his own recognizance cacao up again yesterday yeat erday before judge hunter and was discussed at considerable sid erable length this time it was in the case of the people act against in november last for an assault with a deadly weapon since about which time the accused has ben confined in the penitentiary the case wag set awn for trial on the and the witnesses for both parties were here haing come quite a distance it happened that the wife of tiie cading witness for the prosecution was dangerously ill at terrace and yesterday ho had returned home judge vanzile thereupon moved for a continuance ti nuance civo as his reasons for the motion ile absence of the principal witness on account of the dangerous condition of his wife L J eq counsel for newman argued against a continuance and called to his iid the stat tite on the question published lie also remarked eliat if the statement that 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 he four children were starving and needed the protection of their natural protector should also have weight if the continuance were granted he moved that hh client be released on hi own under der taking in bail judge van replied and argued that the words may used in the section saying the court may discharge the prisoner or release him on his own recognizance could not properly be construed to mean must but left the matter entirely at the discretion of the court judge hunter held the same view granted the motion for a continuance ti nuance and refused to release the defendant on his own undertaking uis bail however was fixed at herald |