The Cleveland Daily Herald

Cleveland, June 2, 1859

The Herald Letter from Elyria Written in Cleveland.

      The Herald has a letter from Elyria in reference to the postponement of the trial of persons charged with an attempt to kidnap the slave John, and which communicates the fact that the trials are postponed till the 6^th of July. The presiding Judge, (Judge Carpenter,) was in town yesterday, and while here decided the time the trial was to be held. Of course the letter was written here by Judge Carpenter or else it was written in the Herald office, for the decision was not made in Elyria at all, but in this city. - Nat. Democrat.

      The statement that Judge Carpenter while in Cleveland “decided the time the trial was to be held” is simply untrue. At the Court of Common Pleas in Elyria, District Attorney Belden, on behalf of the prisoners, moved a continuance to the October term. This motion was overruled, Judges Carpenter and Canfield both sitting, but the Court said that to give the defence ample time for preparation, it would fix some future day for the trial, and suggested the 28^th of June. The District Attorney objected to that day on account of his own business, and suggested to the Court of the 6^th of July. Messrs. Burke and Bliss for the State, instantly concurred in that day, and the court accordingly fixed that day for the trial. Afterwards the District Attorney made a pertinacious effort to have the trial deferred to the 12^th, and to divert other later days, but giving no good reasons for changing the time. The Court refused.

      The next day the District Attorney met Judge Carpenter in Cleveland, and stated to him numerous reasons for changing the time of the trial beyond the 6^th of July, naming the 12^th, and 18^th and the 26^th of July, and urging him to send a telegram giving his advice, at least his consent to Judge Canfield who was still holding court at Elyria, to have the time changed from the 6^th of July to so some subsequent day. Judge Carpenter relied that the day of trial had been fixed by Judge Canfield and himself in concert at Elyria, and he declined the request. Judge Carpenter has written no letter to the Herald. – Akron Beacon.

      We made no notice of the contemptible slander of Judge Carpenter by the Democrat, at the time it was uttered, knowing full well, notwithstanding the high moral tone assumed by that paper on its advent, that anything it might say regarding a political opponent would weigh just what it was entitled to – nothing at all.