Daily union and American. [volume] (Nashville, Tenn.) 1865-1866, 1866-06-07
THE CASE OF JEFFERSON DAVIS
CALLED BY HIS COUNSEL.


THE CASE OF JEFFERSON DAVIS
CALLED BY HIS COUNSEL
RICHMOND, Va, June 5-Judge Under
wood, after consultation with Gen. Terry,
opened the United States District Court this
morning Messrs. Reid, Bradley, Brown
EdsalI, and Davis, counsel, were present
Some delay occurred before the panel was
complete.
Judge Underwood delivered his charge
of which the following are the principal
points:
Gentlemen Of the Grand Jury: l am hap
py to meet you again, and to know that you
are still living, notwithstanding the assaults
that have been made upon you.
Little need be said in addition to the in
structions given at Norfolk. Your last ses-
sion has made you historical, and | trust
efforts which have been made to intimi-
date you, and to explode the cause of JUS
tice, will not make you less faithful and
earnest in the discharge of your public
duties.
The Judge then referred, in the severest
terms, to the press of Virginia and the city
slave trade.
The complaints of threatened violence
and intimidation which have been forward
ed to me by several of your number for
your late heroic and patriotic actions, have
been submitted to the highest legal and
military authorities OF the Government, and
| can assure you of the earnest sympathy
and firm support of all the officers of the
lou IL
the reasonable now hatter and fawn upon.
but whom they will probably soon curse as
heartily as they did two years ago.
The Judge then recited the act of punish
ing INSTRUCTORS of justice. He charges
them that they will have to exercise some
restraint upon the press, which have done
so much to promote duels, assassinatisns,
murders, and so forth, and confusion, with
out any hint touching the famous treason
trial, as follows:
But,gentlemen, let us act with moderation
aud discrimination, for though prostituted
press is one of the greatest calamities, free
and virtuOus press is one of the greatest
blessings, the greatest ornament and support
of public virtue.
The Grand Jury then retired, when VIM.
B. Reed, of Philadelphia, addressed the
Court, as follows: May it please your Hon
or, present myself, in conjunction with my
colleagues, as the counsel of Jefferson Davis,
prisoner of State, at Fort Monroe, and On
der indictment for high treason in your
Honor's Court. We find in the records of
your Honor's Court an Indictment charging
| Mr.. Davis with this high offense and it
seems to us due to the cause of justice-due
to this tribunal-due to the feelings of one
sort or another which may be described as
equalization around the unfortunate man
that we should come, at the very earliest,
TO this tribunal, and ask Of your honors,
more properly the gentlemen who represents
the United States, the simple question, what
is proposed to be done with this Indictment?
| Is it to be tried? And this, ques-
| ton, perhaps, that l have no right to
ask, is it to be withdrawn? or is it
| to be suspended? If it is to be tried,
may it please your Honor, speaking for my
colleagues and myself, and for the absent eli
ent, | say with emphasis, | say it with ear
nestness, that we come here prepared in
| stantly to try that case, and we shall ask no
| delay at your Honor's hands, further than is
necessary to bring the prisoner to face the
| Court, and to enable him under the statute
in such cases made and provided, to examine
| the bill of indictment against him. Is it to
be withdrawn? If so, justice and humanity
seem to prompt that we should know it. Is
it to be postponed? If so, may it please the
| Court, with all respect to your Honor and
the gentlemen who conduct the public bust
ness here your Honor must understand us ms
entering our most earnest protest. We ask
a speedy trial on any charge that may be
| brought against Mr.. Davis here or in anv
| other civil tribunal in the land. We NAV
be even here representing, may it please the
| Court, dying man. For thirteen months
he has been in prison. The Constitution of
| the United States guarantees to him not
only an impartial trial, which | am sure
we will have, but a speedy trial, and
we have come this slight distance-we
have come with all respect to your honor /;
| We have come with strong sympathy with
our client, professional and personal we
have come here simply to ask that question
| / addressed to the District Attorney, or
address to your honor, as may be the more
| appropriate, what disposition is to be made
| with the bill of indictment against Jefferson
Davis, now pending, for high treason.
Major j. l.. Hennessey, Assistant United
| States District Attorney, said he had been
entirely unaware of the nature of the ap-
| plication Just made. In the absence of the
| District Attorney, Mr.. Chandler, he was
not prepared to answer the question, but
would Immediately telegraph to that gen.
| tleman the fact of such an application hav-
ing been made. Mr.. Chandler would arrive
in Richmond this afternoon. If he failed
to arrive, Maj. Hennessey stated that he
would himself be prepared to answer the
| question tomorrow morning.
Judge Underwood addressed the counsel
for Mr.. Davis-Am l to understand that
that will be satisfactory?
Mr.. Reed-Certainly.
The Court then adjourned until to-mor-
row at 10 A. NJ.
WASHINGTON, June 5.-No conclusion has
yet been reached by the Government in re-
gard to bailing Jefferson Davis
P.S. Our midnight dispatches announce
that on motion of the Assistant United
States District Attorney, the trial of Mr..
DAVIS was postponed until the first Tuesday
in October.
The prompt adjournment of the court i'm
mediately after this proceeding, perhaps pre-
cluded motion to release the prisoner on
bail. 1t has been announced that such was
their purpose, and we are left to presume,
that, either Judge Underwood's precipitancy
in closing the session, or the malignant dis
position displayed in his harangue to the
grand jury, deferred counsel from offering