Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1866-06-12
rProm the Richmond Enquirer. June 7th.l
United States District Court.
SECOND pays sEss1or.

4OOAi t"V hOuts DelOre the hour or c0nVenln&
the court and when, ct lIo' o'clock, the Judge
arrived, every available spot was occupied by
deeply Interested spectators conversing in sub
dued but earnest tones regarding the proba-
BILE disposition of the case of Mr. Davis
The majority were evidently of the opinion
that the trial would be postponed, but their
opponents argued earnestly that postPonc-
ment would be equivalent to the signature
OF the death warrant of the ilIustrious pris.
oner, and could not be persuaded that after
an imprisonment for more than year, (du-
ring which time the Government had had
ample time to gain all information necessary
and make every needful preparation for
trlal) dying man would be condemned to a
more protracted imprisonment.
Messrs. Brady, Reed Brown and the junior
counsel of Mr.. Davis, were,extremely sociable
and chattcd pleasantly with their Richmond
brethren OF the bar, until the Judge, pale and
nervous, took his seat-his eye, as usual,
seeming to shrink from encountering the fixed
glances which were bent upon him.
THE CASE OF Ex-PREsIDENT DAVIS.
Major Hennessey, the Assistant u s. Dis
trict Attorney. advanced to the clerks table,
and in tidgety manner announced that he
would read a reply which he had prepared
in reference to the case of Sir. Davis, and
then proceeded to read from paper the fol-
lowing speech:
May it please your Honor, yesterday Mr..
w. b. Reed, one of the counsel for Jefferson
Davis, propounded certain questions to the
Court and to me, which in the absence of MIR.
Chandler, l at that time declined to answer.
Mr. Chandler is still absent, being, regret
to say, entirely Frustrated by recent domestic
calamity, and as promised, l to-day proceed
to reply to the questions of the learned gen.
teman.
That gentleman correctly says an indict-
ment has been found in this Court against
his client, Mr. Davis, and asks, q Is it to be
tried Is it to be dropped or is it to be sus-
pended!" So far as [ am instructed, be-
ieve it is to be tried, but it will not be posi-
BILE to do so at present, for 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 Fortress
Monroe, under order of the President,
signed by the Secretary of War.
In the second place, even if Mr. Davis were
in the custody Of the CoTt. it would not be
possible for the Attorney General, in view of
his numerous and pressing engagements near
the close of the session, to come here now and
try this case, which, as 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.. Reed
it would be nothing less than cruel, at this
hot aud unhealthy season, to expose him to
the unavoidable tatgues of protracted trial,
which appears to be an inevitable result of
the array of counsel, present and prospective,
engaged for the defence.
Nait har thiS (trurt NOR oD1, 90; t, oNS
has any present control over the person of
MIR. Davis, and until they have, it becomes
impossible for the District Attorney to say
when he will be tried but this l assure the
gentlemen who represent him here, THAT the
hour MIR. Davis comes into the custody of
this Court, they shall have full and prompt
notice when it is Intended to try him, and,
so far as the District Attorney ard his asso-
GATES are concerned, they may be assured
their client viii! have a just and speedy trial,
without further /" barrier, let or kindrance."
This say Tor the special department Of the
Court which l represent; but what the in
tentlOns Of the Government are with regard
to the disposition of Mr.. Davis, l am no fur
Their instructed than have said
now move, may it please your Honor, that
this Court, as soon as the business before it is
disposed OF, adjourn until the first Tuesday
in October next. BY that time trust the
heats OF summer will bave passed away; the
weather will be cool and pleasant, and. should
we have the pleasure Of seeing these gentle
men here again, they will be more fitted for
the arduous labor which their profession con-
stantly imposes on them. In til: meantime
the " chrystalizing" process referred to by
the learned gentleman yesterday will be going
on, and his client will be enjoying: the cool
breeze Of the sea at Fortress Monroe instead
of inhaling the heated and fetid atmosphere
OF crowded cOurt-roOm.
REMARKS OF MR.. JAMES T. EEADY.
Mr.. James 7. Brady Of New York, one
of the counsel for Mr.. Davis, then said:
If your Honor plcases, l did not expect to
say one word this morning in reference to the
case Of Mr. Davis, but some Of the sugges-
lions contained in what my learned friend
has Just read make it proper for me to state
that, if Mr.. Davis be not technically subject
to your uonor's jurisdiction, it is only because
no copy of this Indictment, so far as | am
advised, has ever been served upon him; nor
any list Of witnesses, nor any other act done
OF those which are required to be done by
the statute. 1t may be true that in this tech
meal sense he is not now, nor ever has been.
amenable to your authority; but my brother
Reed stated that Mr.. Davis was not claiming
the benefit uf any of these wants of forms,
but that, on the contrary, he was here to ex-
press, from his own lips, speaking through US
his ardent desire for an immediate trial. and
although it may be hot in Richmond, it is in
tnitcly worse where he is and SO far as the
convenience of counsel is concerned, they
care nothing for. that convenience, impelled.
as they are, by a sense of duty. From nv
own experience in the city of Richmond,
whose hospitality have enjoyed, certainly 1
would be happy to remain here, either thro'
the heats of summer or the frosts of winter.