The Enquirer

NEW-YORK, July 15.

UNITED STATES vs. WM. S. SMITH.

Yesterday morning a Special Circuit Court of the U. S. was opened, for the trial of Criminal cases, and held in and for the District of New-York, by adjournment; Patterson and Talmadge, judges.

Mr. Sandford, the district attorney, moved the court to proceed to the trial of the United States vs. William S. Smith, for a misdemeanor.

Sixty witnesses, on the part of the prosecution, were called over, and generally attended,

Mr. Colden, on the part of the defendant, called over his witnesses, viz. Messrs. James Madison, A. Gallatin, G. Granger, R. Smith, Saml. Smith, J. Wagner, W. Thornton, W. Dun canon, E. Stevens, S. R. Bradley, S. L. Mitchell, G. Clinton, G. Clinton, jr. S. Osgood, Winship, and Brinkerhoff.

Mr. Colden moved for an attachment against Messrs. Madison, R. Smith, Wagner & Thornton, for a contempt of court, or an affidavit of subpoena, and tender of money to defray the expenses of travel. This gave rise to a desultory discussion, between the counsel for the United States and for the defendant, which terminated in a decision of the court, that they would hear the arguments of counsel on both points, this morning at ten o'clock to which time the court adjourned.

Daily Adv.

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. The counsel then consented that the discussion of this motion be deferred, and the court adjourned.

Merc. Adv.