Norfolk Gazette And Publick Ledger

New-York, July 17.

Circuit Court of the United States.

NEW-YORK DISTRICT.

UNITED STATES, vs. WM. S. SMITH.

The court met at ten o'clock, pursuant to adjournment.

Present, Judges Patterson and Talmadge:

The jury and witnesses for the prosecution were called over, and dismissed until 10 o'clock this morning.

After some desultory observations by the counsel who spoke yesterday, Mr. Edwards was heard in continuation of his argument.

Mr. Emmet replied in a speech of great length.—We are sorry that the rules of the court do not permit us to give a detail of a speech so argumentative, eloquent and impressive.

He was followed, on the same side, by Mr. Harrison, who spoke at considerable length.

At half past two, the court adjourned to ten o'clock this morning, when it is expected they will determine on the further proceeding in the trial, or the issuing an attachment against the witnesses, who have been subpenaed and do not attend.

July 18.

The circuit court, having met yesterday morning pursuant to adjournment, the hon. judge Patterson pronounced the opinion of the court on the motion, the discussion of which has employed the court the last two days.

The course which the discussion of this motion has taken, embraced two particulars, the first, a postponement of the trial of Wm. S. Smith—and the second, the granting an attachment on compulsory process, against Mr. Madison and other absent witnesses. The court gave the following opinion.

On the first question, the court was unanimous that the trial ought not to be postponed.

On the 2d, the court disagreed—one of the judges being of opinion that an attachment ought not now to be granted, but that a rule to shew cause why an attachment should not issue, ought to be granted; the other being of opinion that neither an attachment nor a rule to shew cause should be granted.

Judge Patterson, having delivered the opinion and detailed, in an impressive manner, the arguments and authorities on which this opinion was grounded, excused himself from attending the court until his exhausted strength should be recruited...

After Judge Patterson had retired, Mr. Morton for the defendant rose and on the ground of an affidavit by Mr. Smith, which was read by the clerk, moved a postponement of the trial until September next, or until the next regular term of the court.

The affidavit stated that the commander and the supercargo of the Leander are material witnesses in favour of the defendant; that they are now abroad, but are expected to return by the first time mentioned. Judge Talmage observed that these facts should have been disclosed before the former question was determined, that the motion was now too late, and could not be granted.

The council for the defendant then moved postponement until the morrow, the district attorney consented, and the court adjourned.

July 19.

The circuit court met yesterday morning, at ten o'clock, pursuant to adjournment—present judge Talmage

The court proceeded to hear the cause of the United States against Wm. S. Smith. The following gentlemen, composing the jury on this trial, were called and sworn—to wit:

John Sullivan, John Rathbone, jun. Lewis C. Hammersley, Cortlandt Babcock, John P. Haff. Gold Hoyt, John A. Fort, James Masterton, Schuyler Livingston, Henry Panton, George Forman, and Augustus Wynkoop.

The attorney-general concisely stated the cause to the jury, and then proceeded to the examination of the witnesses in behalf of the prosecution—Messrs. Samuel G. Ogden, Dr. Romaine, David Gelston, (collector of the port) John Mac Lean, Gen. Stevens, Richard Belden, Jonathan Ogden and John Jacob Astor were severally sworn and examined. In the course of the examination several questions were asked, which gave rise to considerable desultory conversation among the counsel. From the progress of the business, we are induced to believe that several days will be consumed in the examination of the witnesses.

(Com. Adv.)

The Circuit Court met this morning, at 10 o'clock, pursuant to adjournment—present judge Talmadge.

The jury and the witnesses having been called, Judge Talmadge stated to the jury that Judge Patterson being still too indisposed to attend the trial, and a mournful occurrence having taken place in his own family [we understand the death of a child] he found it necessary to adjourn the Court until 9 o'clock on Monday morning.—Ibid.