person. He said that the second day of Jann- j ary, proximo, had already been set for the final trial of the case upon its merits; and therefore if the Wisconsin witness bad any thing to say he conld get here as well by that time as in six months. Mr. J. H. Gilmer followed for petitioner, con tending that in this case time was the essence of justice, and protesting against delay.

Judge Crump closed the case by holding that I