Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1866-06-20

After some other unimportant business til
Court adjourned until Wednesday morning
SECOND DAYS PROCEEDINGS.
The court re-opened at II o'clock.
great throng of spectators already filled thu
seats and stood upon the floor, the public an
nouncement of the court being in session bav
ing excited universal curiosity in the public
mind to witness the spectacle, and observe
the court and counsel, as we'll as to anc
hear whatever might be sGid and done in the
Notwithstanding business of the trial of JET
ferson Davis, President Of the late Confede.
rate States of America.
Mr. Davis counsel-Messrs Brady, Read
and Brown, with the junior counsel, Messrs
Shea, Gross, Edsall and Van Sickc-were al
ready inside the bar-Brady ranging round
the enclosure like lion, the" observed Of all
observers" tweaking his tufted Forrestlen
chintand holding conversation here and there
Read in his seat, contemplative and, deep}oT
looking up to reply to word from some
member of the bar; and answering with o
deliberate inclination OF the head, which is q
popularity with him. Brown, kid gloved and
making pendulum of his eye-glass, smiling
and talking as he always does. The Junior
counsel were variously engaged-or entertained
by the Younger members of the Richmond bar.
/. Shortly after IL o'clock Judge Underwood
entered, and the Court proc. eded to business.
The Judge signifed that the Court was
ready to hear Mr.. Hennessey, the District
Attorney, in reply to the question by Mr.
n,u;,, Gnun,o1 liIs Torfor-on Dorir to \, tr;ed
and if so, when?"
Mr.. Hennessey arose, and, reading from the
MS, addressed the court as follows:
May it please your honor, yesterday Mr.. W.
B. Read, one Of the counsel for Jefferson Da-
Wis, propounded certain questions to the court
and to me, which, in the absence of Mr..
Chandler, at that time declined to answer.
Mr.. Chandler is still absent-being, I regret
to say, entirely prostrated by recent severe
domestic calamity; and, as promised, to
day proceed to reply to the questions of the
learned gentleman.
That gentleman correctly says that an in
dictment has been found in this court against
his client, Mr.. Davis, and asks, Is it to be
tried? Is it to be dropped? or is it to be
suspended ?" So far aS l am instructed,
believe it is to be tried, but it will not be
possible to do so at present, for q variety OF
reasons, some of which proceed to give.
In the first place, Mr. Davis, although in-
dicted in this court for high treason, is not
now, and never has been in the custody Of
this court, but is held BY the United States
Government. as State prisoner at Fort Mon.
roe, under an order OF the President of the
United States, signed by the Secretary of War.
slE Rass sais
not be possible for the Attorney General, in
view of his new and pressing engagements,
near the close of the session of Congress, to
come here now and try this case, which, as a
case of great national Importance, he would
be expected to do.
In the third place, if Mr.. Davis is in the.
delicate state of health suggested by Mr.. Read,
Il would be nothing less than cruel at this
hot and unheolthy season, 10 expose him to
the unavoidable. fatigues of protracted trial.
which appears to be inevitable, from the ar
ray of counsel, present and prospective, en-.
gagged for his defense.
Neither this court nor any Of its officers
have any present control over the person Of
Mr. Davis, and therefore, it becomes impos-
siblc for the District Attorney to say when
he will be tried; but this assure the gentle
men who represent him here, that the hou,
Mr.. Davis comes into the custody of this
court they shall have full and prompt notc'
when it is intended to try him, and, so far as
the District Attorney and bis associat, ar
concerned, they may be assured their client
will have just and speedy trial, withou!
further " barrier let or hindrance"
This say. Tor the special department Of
the court which | represent, but what the in
Lentions Of the Government are with regard
to the disposition of Mr. Davis, 1 am mo
further instructed than have said.
| now move, may it please your Honor,
hat this Court, as soon as tie business before
il is disposed of adjourn until the lirsG Tues
Jay in October next. BY that i'm, trust
he heats Of summer will have passed away,
The weather will be cool and pleasant; aud
should we bavc the pleasure OF seeing these
gentlemen here again, they will ben fitted
or the arduous labors which their profeSsuI,
certainly imposes on them. Iu The meantime
he chrystalizing process" referred to by
he learned gentleman yesterday will be going
IN, and his client will be enjoying the coo
oreezcs of the sea at Fort Monroe instead Of
nhaling the heated and fetid atmosphere Of
!! crowded court room,
REMARKS OF MR.. brady.
James Z. Brady, of New York, one Of Mr.
Davis counsel, aroschnd said-Ifyour Honor
please, did not expect TO say one word Ibis {,
morning in reference to the CAGE Of ~. Davis
,ut soyno Of the suggestions contained in
what my learned friend has Just reaA make it
proper for mo state that if Mr.. Davis De not
echnically subject to your, Honor's jurisdic
ion, it is only because no copy OF this ir
lictmcnt, so far as | am advised, has ever
,een servad upon him, nor any list of wit
lesses. nor any other act done of those which |
re required to be done by the statute. IT.
nay be true that in this technical seEse he is
lot now, and never has been, amenabo to
our authority; but ny brother colleague,
Or. Read, qtatcd that Mr.. Davis was not
laiming the benefit of any of these want of
or.rs, but that, on the contrary, he was here
o express from his own lips, speaking through
is, his ardent desire for an immediate trial.
And although it may beSery hotin Richmond,
laughter. it is infinitely worse where he is;
nd, SO far as the convenience of counsel is
concerned, they care nothing for the conve-
hence, impeled as they are by asense Of du-
y. From my own experience in the city of
richmond, whose hospitality have enjoyed,
ertainly would be happy to remain here
tber through the heats OF summer or the
rosts Of winter,
We HssSSniy say that we cannot control
be action of the District Attorney. We
hank him for his polite response to our ques'
ions, and of course we leave the question
or such action as the Government may here
fter think proper TO take.
vEpLY AND DECISION OF JUDGE UNDERWOOD.
Judge Underwood, in response, said: 1t