New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1866-06-07
THE DAVIS TRIAL.
Additional Proceedings in the United States
Court at Richmond.
Davis will be Tried in October, unless The Case is
Otherwise Disposed Of
WHAT MAY BE DONE MEANTIME.
RICHMOND, Wednesday, June 6, 1866

RICHMOND Wednesday June 6, 1866
The fact most surprising in the courtroom to-day
the attendance IL is crowded. but is quintupe that
Of Yesterday Citizens account for it by the general belief
that Davis is not to be tried his situation affected by
the Court and by the unpopulary Of Judge Underwood
Present and distinguished are few local worthies;
Judge VIM. Greene Avery, learned lawyer MAJ John
Tyler IT, plausible image of the late President ana
Rebel Congressman; james Lyons, once aCohIeuera'e
Congressman Ayette the leading wnterof me heam0Ha
Times and Others More noted than these Is the Dland
shrewd face of Reed and the massive and fond crown OF
Brady. The Judge has open, nervous countenance,
but one of the best and keenest in the ROOM His iace
and beard manner and bearing to show his Quaker
extraction from the State Of Gerrt Smith, although he
has lived the South IS years His treatment of counsel
more aable and concatory than his charges to the
jury.
The remarks Of Major HenDessey, Assistant United
States Attorney simply give the reasons which limited at
Yesterday for deferrng a trial. He believed that Da
Wis would be tried before ChefJustce Chase. Mr. Brady
alluded to the inconsistency of indcting Mr.. Davis in
civil Court and yet declaring him in military custody and
presented the earnest demand of the prisoner to be tried
Judge Underwood declared in effect that the prisoner
would be tried in October unless the Government other
wise disposed Of his case This is significant The friends
of Davis will now concentrate their efforts to obtain
his release from Fortress Monroe Kpardoned it thought
that he will be to his home in Mississippi, although
few speculate upon his being sent North to report from
time TO time to military commander. IL is confidently
expected that he viii not be two weeks longer in the Fort
The United States Court in Richmond is assailed Bit
tery by the papers here They frequently confound the
Judge John c. Underwood of Clark County, with United
States Marshal Underwood, who CALAMITY hoisted the
Union flag at Occoquan. They charge falsely that the
Jurors are the Of the Judge selected by him.
have the authority of Deputy Marshal Duncan who sum-
moned them, for saying that they have been collected
from the best men of the State and solely by the Marshal
according law. gentleman summoned yesterday was
unwilling to take the OATH and many Others have kept
back by reason Of social fear.
There was a large attendance of spectators in the
courtroom this morning, including nearly all the men,
bers Of the Richmond Bar.
Messrs Reed Brady and Brown, counsel for Mr.. Davis
entered the about O'clock aud awaited the
opening OF the court
Abont 0i O'Clock Judge Underwood took his seat, and
the court was opened by the crier.
After the lapse Of several minutes, Judge Underwood
addressing the Assistant Distrct-Attorney, said:
Mr. Hehnesy, ready to hear from you whenever
Mr. Hennessy arose, and the counsel lawyers and spec
present all and pressed forward to hear his re-
SPEECH OF Mr.. HESSEssY.
Mr.. Hennessy said:
MAY please your Honor as the answers Of the Govern
considered OF importance have written them out and
propose to rad 9eR % tae my s puT 1S
Davis ProPouoded certain to The Court ana 70 p
oned Mr. Chandler is still absent being, regret
say entirely Frustrated by recent severe domestic eaa
ity, but promised that would proceed day reply
the questions Of the learned gentleman shall do That
gentleman correctly that an indictment has been found
In this Court against his client Mr. Davis and asks rs 10
be tried TO De dropped or Is be suspended
far instructed believe it is to be tried but it will
be possible do at present for variety Of reasons
Davis although indicted in this Court for high is not
bO, Is s"I held BY the Tinted States Government as
State prisoner at Fortress Monroe. under an order
In the second place even Mr. Davis the custody
Of this Court would not be possible for the Attorneyen'
era in view aud pressing the
close the session. to here and try this case which Is
great national importance nor could he be expected
10 DO so In the third place If Mr. Davis in the delicate
state Of health suggested by Mr. Reed would be nothing
less cruel at this hot aud unhealthy season 10 expose
him to the unavoidable fatigue OF protracted trial. which ap
pears be inevitable result from the array OF counsel
and prospective engaged for his defense Neither ts
Court OF its officers have any present control over the
person Mr. Davis and until they have becomes mposs
the gentlemen who represent Mr. Davis here that the
into the custody OF TINS Court they sha have
foil and prompt notice when y Is Intended 20 , s 90 lar
they may assured that their will have just and
speedy trial without further barrier let or nndesapee This
But what the intentions the Government are with regard to
than have said now move may It please your Honor
this Court the business before Ii disposed Of
trust the heat Q, Summer viii have passed away The
weather will then cool and pleasant and should have
be more fitted for sbors which their profession
constantly imposes them In the meantime the ehrys
azlon process referred 10 by the learned gentleman
erday will DC going and his client will be enjoying the
cool beezes Of the at Fortress Monroe instead nhang
the heated and fsd atmosphere OF crowded courtroom
SPEECH OF Mr.. BRADY.
Mr. James T. Brady OF New-York, Of the counsel |
for Mr.. Davis then said;
morning reference to the of Mr. Davis But OF
make proper for to state that If Mr. Davis be
technically subject to Honors jurisdiction 1t only be-
copy Of this Indictment so far as am advised has
been served upon him list OF Witnesses
other act done of those which are required to be done BY tho
not and never has been 10 authority but
my brother Reed stated yesterday that Mr. Davis no,
the contrary express from his lips
speaking through u.s. his ardent desire for immediate
ntey worse where he and far the enence
OF counsel concerned they for that
in the City Rchmonda hose hospitality enjoyed
certainly would be happy remain here either through
of Mr. Davis can only that entirely ready We
know the action ofte Attorney
course leave this question action the
Government may prefer or tnnk proper to take.
Ii only remains Tor the Court to say that the District
ATTORNEY has correctly epfsented the of the Govern
to preside the first Tuesday in October
as the tune that be most convenient for him. and the
Attorney IL
impossible for him. under the pressure OF bis many duties
greatly increased by the troubles Northern frontier
give the attention to this great question short notice
which Its Importance demands Under all the circumstances
the Court disposed to grant the OF the District
Attorney and think may say to COUNSEL that M Davis
wi In ali probability az that time be brought before the
Court unless his shall In the ueeue be disposed Of BY
the Government which is sltogether possible. L. Is within
the power Of the President OF the United States to do what De
pease In these matters aud presume that tue counsel Tor
Mr. Davis would probably and IL Tor the Interest OF their
client make application directly 20 the Government but tbs
Court would not Justified denying at this time, the
ths Tustce Of