Daily Davenport Democrat. [volume] (Davenport, Iowa) 1864-1874, 1865-08-24

elu&Ied between. Johnston and ehe,rn.-
4Aeeos ! hope, WI - 6lpgusa Oe1D-0o1s.-
OF = 5000 - We ct into the evidences.
Judes Hugfes I'D ~ noee Ms mot dat,
yesterday but to-day, this belag the 2ad
Judge Advocate Chipman hid the no...
49,, v Il : yessefday, but was wrongly
Judge Hughes remarked that NO
morning paper only that the Cont "a: =.
meet to-day, and it was mere acciden, ~. 70
he came here. The authorities were s,n MA
that the prisoner should have time 10 MI
aad prepare for defence and to consult v in,
counsel, and on the prisoners behalf he asL
ca the Commission TO give him sufilcien,
time: The prisoner without any fault of his
would not be under the Necessity of employ,
ing new counsel, as he Judge Hughes) Wa,
inclined to think that he had rendered ALI
the professional service required by his obl.
cations. II WAS necessary for him 70 give
the reasons for Withdrawing from the case
but this ought not to prevent the Cour,
from determining the question Of giving
further time.
Advocate Chapman did not object to his
note being read as an official paper. He
placed the amendments Of charges In the
hands of the counsel as soon as possible
The note was written at dark and sent by
an old and faithful Orderly and delivered al
the Office which he supposed the gentlemen
occupied during the day, but they may
have been out at the time. lie had nothing to
say against aproper time to enable the pris
oner to prepare for defence. . He should Ger
tainly part from the gentlemen with regret,
yet he did not feel that either himself or the
court onght TO be intimidated by the threats
Of counsel If there was any paid grievance
he supposed the court would proceed prop
erly and legally. He proposed to curtail no
right or cut of any privilege which counsel
was entitled. He left the question of post.
ponement to the court.
Judge Hughes remarked that this was a
new court, just brought into being The
court would not subject the prisoner to the
disadvantages Of the reorganization Of the
court and deny him the benefits which might
result from it. The court knew nothing of
the other or former charges. If he said
anything u intiinidate the court, rs init
mated by the Judge Advocate, he was not
aware Of it,
Mr.. Peck, one Of the counsel for the dc
Tense, suggested to the court that the recent
action would bring up an entirely new class
of defence, and would necessarily take UP
more time.
Judge Hughes here took up his hat and
placing pile OF law books under his arm
walked out Of the court room.
Mr.. Peck remaining, said as the prisoner
had once been arraigned and his life placed
in jeopardy. He was entitled now either to
an acquittal or trial in the former charge.
He believed that all the authorities, civil and
military were conclusive on the point, that
il not acquitted the prisoner under such cir
cumstanccs was entitled to all the benefits
of IN acqutta
The President of the court inquired of Mr.
Peck whether he was still here in relation
of counscl.<
Mr.. Peck replied that he was not.
The President said the Judge Advocate
was here as the counsel of the defendant
The gentleman and his. associates having
withdrawn, Judge Advocate Chapman said,
as the responsibility was now attached to
him of appearing for the prisoner he asked
an adjournment until to morrow. He was
not unmindiul Of the rights of the prisoner
He regretted the retiring of the counsel
Judge Hughes had left on record that he
made no alusion to him AS soldier, not be
ing aware that he had been in battle In
reply to this he merely referred TO the otii
cial record on file at the War Department
The Court then adjourned until II o'clock
tomorrow noon.