Evening star. [volume] (Washington, D.C.) 1854-1972, 1866-06-06
THE CASE OF JEFFERSON DAVIS.
Opening of the United states Court i'm
Richmond-Judge Underweod's Charge
Speech of Jeff. Davis Counsel.

speech OF Jeff. Davis Counsel.
The United States Court for Virginia was
opened in Richmond yesterday. By direction
Of Judge Underwood, the clerk, w. II. Barry
called the names of the grand Jury, and four
teen responded. James L. Lipscomb and III
Wlgond, Of Richmond, who mad been sum-
moned TO make up the requisite number, were
then called TO the clerks desk TO qualify as
jurors. The former declined TO take the pre-
scrlbed oath and was excused. Wigond took
the oath ana occupied q seat with the other
jurors. Another long delay was caused by
Mr.. Lipscom6's refusal to qualify. FINALLY.
Gilbert &. Walker, from Norfolk, appeared
and took the oath. The panel being thus COM
pieted. the Judge, at two O'Clock, delivered the
following charge 10 the grand Jury
Gentlemen OF the Grand Jury: I am happy
to meet you again, and TO know that you are
sun living, Notwithstanding the assaults that
nave been made upon you. Little need be said
IN addition 10 the instructions given at Nor
folk. Your last session has made you histori-
cal ana trust the efforts which have been
course of justice will not make you less faith
ful and earnest in the discharge OF your public
dutles. We oue ht not 10 be surprised that The
reasonable and hcentIous press OF this State
and city should wince, rage, and become fu-
nous when treason and lcentiousness are eK-
posed and arTaigned for trial aud punishment,
nor should we oe surprised a. the enmity ana
desperation exhibited, when we remember
that this city has long been the center and seat
OF The greatest traffic IN human beings that has
ever dIsgraced the world; a traffic which has
annually employed hundreds OF moral mon
sters, and many millions of capital, the press
pulpit, and politics of the State, and rendering
Richmond more infamous among men for las
participation III This great crime than all the
cities along the coasts OF Senpgambia. Upper
and Lower Guinea. Congo, Loango, Angoiar,
ana BeneYUela combined.
The wonder rather is that so many traces Of
kindness, humanity. and Christian civilization
should have survived such debasing and bru-
talIzing influences, and let us thank God and
take courage that we are more fortunate than
a hn Unf 0nf ga- Df N
more than ten men who have stood faithful
among the faithless. The complaints of
threatened violence and intimidation which
have been forwarded TO me by several of your
number for your late heroic and patriotic ac-
lions have been submitted TO the highest legal
and military authorities OF the Government
and can assure you Of the earnest sympathy
ana nrR support of all the OH GERS of the law
not excepting the President, whom treasonable
men fiatter ana fawn, but whom they will,
probably, soon heartily curse, As they did two
years ago. But, gentlemen, | am glad 10 call
your attention to a law OF Congress which
puts your own yindicatien. as well as that of
The country, into your own hands. In 1881
Congress enacted, as you will find on page us
OF the fourth volume OF the Statutes at Large
as follows
"Section 2. and be IL further enacted, That if
any person shall corruptly. or by threats or
force, endeavor 10 influence, inumidate. OF i'm
pede any Juror, witness, or officer in any court
OF the United States In the discharge of his
duty, or shall corruptly, or by threats or force
obsuuct or impede, or endeayor 20 obsrruct or
impede, the due administration OF Justice there
IN, every person or persons offending shall
be liable TO prosecution therefor by indictment
and shall, on conviction thereof, De punished
by fine not exceeding five hundred dollars
or by Imprisonment not exceeding three
months. or both, according 10 the nature and
aggravatIon OF the offence" Approved, March
,, 1881.
You will thus have it in your own power 10
exercise a wholesome restraint upon licentious
tongues and pens, aud upon 4 press, which.
as a blind leader of the blind, has been, and
still is, one Of the chief causes of past, present
and prospective misfortune. The murders.
duels, assassinations, violent and ungoyerned
passions, ending in self-confiagration and self
immoiatlon unparalleled in any heather
country; the poverty, suffering, agony, and
degradation which have given this CITY of
almost unequaled natural capabilities its bad
eminence, are legitimate fruit of the teachings
OF its public press, and everything you can do
10 contribute toward Its reformation will in
the highest degree be serviceable to the cause
OF the country, and BE- sufficient to the cause
OF the country and humanity. But, gentlemen
let US act with moderation and discrimination:
for though prostiiuted press is one OF the
greatest calamities, free and virtuous press
Is one OF the greatest public blessings the
greatest ornament and support OF public yir-
tue.
After delivering the charge. Judge Under
wood remarked that IN the absence of the
foreman, Mr.. Harrison would act IN that ca
pacity.
The grand jury then retired to their room
There beng no formal business before the
court. Judge Underwood said: I'VE snail be
happy 10 hear from members OF the bar. al
distance"
William B. Reed, of Philadelphia then ad
dressed the court as follows -" May II please
your honor, beg to present myself, IN con-
junction with my colleagues, as the counsel of
Jefferson Davis, now prisoner Of State at
Fortress Monroe, and under indictmentin In your
honor's court for high treason. We find in the
records OF your honor's court an indictment
charging Mr.. Davis with the highest offence,
and IL seemed TO us due to the cause OF iu stice
due to this tribunal due to the feeling of one
sort or another, which may be described AS
crystaliZng around the unfortunate man, that
we should come at the very earliest day TO this
tribunal and ask Of your honor, or. more prop
erly, the gentlemen who represent the United
States. the simple question, what is proposed
10 be done with this indictment Is it to be
tried Is it-and this rs a question, perhaps,
which have no right to asks il TO be with
drawn Or. is il 10 be suspended II il is to
be heard. may il please your honor, speaking
for my colleagues and for myself, and for the
absent client, i say with emphasis, and saw
II with earnestness, 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 enable him, under the statute in
such cases made and provided, TO examine the
bill OF indictment against him. Is il 10 be
withdrawni If so, justice and humanity seem
TO prompt that we should know il. Is il
TO be suspended, postponed If SO, may it
please the court, with all respect TO your
honor and the gentlemen who conduct
the business here, your honor must un-
derstand us as entering our most ear
nest protest. We ask a speedy trial on any
charge that may be brought against Mr.. Davis
here or IN any other civil tribunal IN the land
We may be now here representing, may il
please the court, dying man. For thirteen
months he has been in prison. The Constitu-
ton of the United States guarantees TO him,
not only an impartial trial, which am sure
he will have, but speedy trial, and we have
come no slight distance: and we have come in
all sincerity; we have come with all respect to
your honor; we have come with strong SYM
paties with our client, professionally and per-
sonally: we have come here simply 70 ask that
question. address IL to the District Attorney
or address it TO your honor, as may be the
more appropriate, what disposition is pro-
posed to be made with the bill of indictment
against Jefferson Davis, now pending, for
high treasonl
Major J. l.. Hennessey, Assistant District
Attorney, said that he had been entirely un-
aware Of the nature Of the application Just
made, and in the absence of the District Alfor.
ney, Mr.. Chandler, he was not prepared to
answer the question, bnt would Immediately
telegraph 70 that gentleman the fact OF such an
application having been made.
Mr.. Chandler would probably arrive in Ricn-
mond this evening. II he failed TO arrive,
Major Hennessey stated he would himself