The JUDGE, in addressing the District Attorney, said—Mr. Hunt, it must be a very strong case, indeed, that will induce the Court to grant any further delay for this witness. I will adjourn till to-morrow morning at ten o’clock, and the case must then proceed, unless some imperative reason is shown to the Court why it should not. After the usual caution to the jury, the Court adjourned. FIFTH DAY. At the meeting of the court this morning, some delay was occasioned by the absence of the leading counsel for the prisoner. Mr. SAYLES, junior counsel for the prisoner, said—May it please the Court, my associate, Mr. Graves, is not present. I have learned that he went to Twenty-seventh street to see his uncle last night, and I have not seen him since. I would therefore ask a short delay. The COURT.—There may have been some accident; you had better send and inquire. The Court will wait a few minutes. Mr. C. H. Hunt, the Assistant District Attorney, said, if the Court please, this will not, of course, prevent our doing all we proposed to do. We have to inform the Court that Capt. Nickerson, whose testimony we were anxious to obtain, has not arrived, and we do not suppose we shall have his testimony to-day. It is proper I should state, also, that we have never regarded his testimony as indispensable in any sense, for if we had we would not have consented to proceed with the trial without his being present. We have, however, regarded his testimony as very important, as giving completeness to the chain of facts which we had it in our power to present to the Court and jury; and in this view of the case perhaps we were anxious that the testimony should not be submitted on the part of the government without that link in the chain; and we were desirous of doing what, as I understand it, is the duty of the government, of presenting all the facts that it is in our power to present, before calling upon the prisoner for his defence. These are the reasons which influenced the prosecution in asking for the delay which has been granted; and we now feel that we have done all we could to procure this testimony, in order to give the evidence such completeness as is in our power, and we do not now feel like asking the Court for any further delay in order to procure the testimony of Capt. Nickerson. We are obliged to the Court for granting the delay asked for yesterday, and we now, under the circumstances, rest the case on the part of the government, and leave the evidence for the prosecution as it now stands. The COURT.—It appears that Mr. Graves, the senior counsel for the prisoner, is not in attendance, and for some reason probably for which he is not responsible. The Court will wait a reasonable time for him.