Norfolk Gazette And Publick Ledger

New York, July 15.

Circuit Court of the United States.

NEW-YORK DISTRICT.

UNITED STATES vs. WM. S. SMITH.

The United States Circuit Court met in this city yesterday agreeable to adjournment, for the trial of Samuel G. Ogden, esq. and col. Smith.

A motion was made by the counsel for the defendants, that a compulsory process be issued to secure the attendance of Mr. Madison, Mr. Dearborne, Mr. Smith, and other absent witnesses. In the course of the altercation, to which this motion gave rise, judge Patterson read a letter, (signed by the gentlemen abovementioned) stating, that the President of the United States had communicated to them his decided opinion that the present situation of public affairs would not admit of their absence from the seat of government. The court decided that, in order to determine the propriety of granting a compulsory process, it was necessary to hear the nature and extent of the testimony expected--and that, although the judges were ready to hear the motion discussed, yet they could not decide upon it, until they had decided a prior motion, offered by the district attorney, the discussion of which was postponed until this day.

SECOND DAY.

The court met at 10 o'clock, pursuant to adjournment.

Present judges Patterson and Talmadge.

Mr. Colden, counsel for the defendant, offered the affidavit of W. S. Smith, to prove that the witnesses against whom an attachment for a contempt had been moved on Monday, were material witnesses.

He proceeded at length to prove his right to the attachment.

Mr. Hoffman followed on the same point, and strengthened the argument and authorities urged by his colleague.

Mr. Sanford, district attorney, replied, and argued that the process by attachment was neither conformably to the practice of the courts of the United States, nor allowable in this case, as the witnesses were not guilty of a contempt by their non-appearance.

Mr. Pierpoint Edwards supported Mr. Sanford, on all the grounds he had taken, by several law authorities.

It was apparent that judge Patterson was, in his weak state of health greatly exhausted, and the court, at half past two o'clock, adjourned till ten o'clock this morning.