The Court then took a recess. On reassembling,
Mr. Graves desired to state that they had not been able to agree with the counsel for the government as to the evidence of Captain Nickerson.
Mr. Hunt said—My opinion is that the testimony of Captain Nickerson is material, and of sufficient importance to authorize us in asking the Court for an adjournment of the case until to-morrow.
Mr. Graves would like to know if the Court intended to limit counsel in their address to the jury.
The Court said—In a case of this kind I am not disposed to limit you in your rights to your client, or the government in their right toward the prosecution.
The Judge, in addressing the District Attorney, said—Mr. Hunt, it must be a very strong case, indeed, that will induce the Court to grant any further delay for this witness. I will adjourn till to-morrow morning at ten o’clock, and the case must then proceed, unless some imperative reason is shown to the Court why it should not.
After the usual caution to the jury, the Court adjourned.
Fifth Day.
At the meeting of the court this morning, some delay was occasioned by the absence of the leading counsel for the prisoner.
Mr. Sayles, junior counsel for the prisoner, said—May it please the Court, my associate, Mr. Graves, is not present. I have learned that he went to Twenty-seventh street to see his uncle last night, and I have not seen him since. I would therefore ask a short delay.