Baltimore daily commercial. [volume] (Baltimore, Md.) 1865-1867, 1866-06-07
THE TRgAL OET JEgF. DAWES.

RICHMOND, VA, juno 6.-There was quite large
attendance of spectators in the courtroom this morn
ing. including nearly all the members Of the Rich
mond bar. Mcssrs. kesd Brady and Brown, coun-
sci for Mr.. Davis. entered the room about 10 O'Clock
and awaited the opening Of the court About quar-
ter TO II o'clock, Judge Underwood took his scat,
and the court opened by the Crier
After the lapse Of several minutes Judge Under
wood, addressing tho Ass slant District Attorney,
said, Mr. uennessoy, we are ready to hea from you
Whenever itsuits your conv cnience.
Mr.. II. arose and the counsel, lawyers and specta-
tors Present all and pressed forward to hear his
response. lie said
hay it please your Honor, as the answer Of the
government to the questions propounded by Mr..
hced on yesterday are considered of some import
ance, nave written them out and propose 10 read
them to tho court.
May il please your Honor, yesterday Mr. W, 3.
Reed, one Of the counsel for Jefferson Davis, pro-
pounded certain questions to the Court and to me-
time declined 10 answer. Mr.. Chandler is siill ah-
sent, being, regret to say, entirely Frustrated by a
recent severe domestic calamity, and | pr, missed
| to-day proceed to rSpiy to the questions Of the
learned gentleman. ina. gentleman correctly says
that an indictment has been found in this court
against his client, Mr. Davis and asks: rs il 10 he
tried IS it to be dropped, is il be suspendc6?'
so far as am instructed believe it is to be tried
but II will not be possible to do at present for
variety of reasons, some of which [ proceed to give:
IN the first place Mr.. Davis, although indicted in
hS court Tor high treason, Is not now and never has
een In The custody o. this court but is held by the
united States Government as State prisoner at Fort
Monroe. under an order Of the President, signed by
tho Secretary of War.
In the second place, even if Mr. Davis were in the
custody OF this court 1t would not be possible for the
Attorney General, in view, Of his numerous and
come hero now and try this case which is case of
great national Importance, as lie would be expected
to do.
In the third place. if Mr.. Davis is in the delicate
state of health suggested by Mr.. Reed ii wOuid he
nothing less than cruel at this hot and unhealthy
season, TO expose him to unavoidable fatigues of a
protract9d trlal, which appears TO be an inevitable
result OF the array OF counsel present and prospec-
tive, engaged for his defence. Neither this court
nor any OF ITS ohGers: has any present control over
the person of Mr. Davis, and until they have i. be-
comes impossible for the District 6ttorney to say
when he will be tried but this assure the GENTLE
men who represent him here, that the hour Mr. Da
WIS into the custody Of this court they shall
have full and prompt notice when il is intended to
try him and far the District Attorney and his
associates are concerned, they may be assured their
case will have just and speedy trial, without fur
ther barrier, let or hindrauce This | saw for the
Specia! department of the court which represent
But hat the intentions Of the Government are with
regard to the disposition of Mr.. Davis am no far
ther instructed than have said.
now move, may It please ycur Honor, that this
court the business before it is disposed Of
adjourn until the list Tuesday ia October next BY
that time trust, tho heat of summer will have pass
ed 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 tho ar
GuOus labOrs which their profession constantly i'm
poses upon them In tho meantime, the crysta'iza-
ton process referred TO by the gentleman yesterday
will be going on, and his client will be enjoying the
cool brcezcS of the at Fort Monroe instead of in
hahng the heated and te!id atmosphere of crowded
court room.
James 7. Brady of Kcw York, one of the counsel
Tor MIR. Davis then said: If your honor pleases,
did not expect to say word this morning in ref
erence to the Of Mr. Davis but some of the sug-
gestions contained in what my learned friend has
just read. make it proper for mo to state that if Mr.
Davis be not technically subject to your hOnors iu
rlSdctlon. 1t Is only because copy of this ndict
ment, SO far as am advised, has ever been served
fn mn NNt
act done of those which required to be done by
the statute. 1t may be true that in this technical
sense be cam now, and never has been amenable to
your authority. but my brother, Mr.. Reed, stated
that Mr.. Davis was not claiming the benefit of apy
oi these want OF FORMS but that on the contrary he
was here to express from his own lips. speaking
through his ardent desire for immed ate trial
and although it may he very hot in Richmond, it is
infinitely worse where he is and far the c0nvs-
nlence OF counsel is concerned they care nothing for
that convenience, and impelled rs they are by a
sense Of duty. From my own experience in the city
OF Richmond, whose hospitality have enjoyed GER
tainly would be happy to remain here either
through the heats of summer or frosts of winter
know thatw cannot control the action of the Dis
trct Attorney. We thank him for his polite re-
sponse TO questions ana of We leave this
question Tor such action as the Government may
prefer to think proper to take.
Judge Underwood then said it only remains for the
Court to say that the District Attorney has correctly
represented the views of the Government upon this
matter. The Chief Justice. who is expected to pre-
side on the tral has named the first Tuesday in Oc
tober as the time that wOaid be most convenient for
him, and the Attorney General has indicated that it
would be utterly impo sible for him. under the
pressure of his many duties, greatly increased
by the troubles of the Northern frontier, short
notice 10 give attention to this great question which
its Importance demands under all circuniStanct s.
The Court is disposed grant the motion Of the Dis
trct Attorney aud thin k may say TO the counsel
that M Davis will, in all probability at that time be
brought before the Court unless ns case shall in the
m"antilne be disposed of by Lhe Government
which is altogether possible. 1t is within the
power of the President of the United Safes to
DO what he pleases in these matters. and presume
that the counsel for Mr.. Davis would probably fird
it for thu interest of their client to make application
directly to the Government at Washington. But this
cnurt would tee justified in denying at tins time
this application both of the Chief Justice and of the
Attorney General. When this court adiourns it will
adjourn not unJil the next term, whch is in NoFem-
Der, but until the first Tuesday in October next As
from the array of counsel on both sides that have
been named il will be a long trial in which great
political and constitutional questions are to be dis
cussed and settled, probably taking two months, it
would undoubtedly be much more comfortable for
counsel. as we'll for Mr.. Davis himself to have
those months in the fall rather than i'll the summer
mond at that time than in summer. | think counsel
mistaken in suppOsing that Fortress Monroe is
not as comfortable place Richmond. When
have been there in the summer have found the sea
breeze very refreshing
Mr.. Brady, to the Judge-But very limited society,
your Honor. Laughter
Judge Underwood, cOntnung-Ihe society is lin
lted-however the Government is disposed to extend
every reasonable privilege, and am happy to know
that the wife of the prisoner is permitted to be with
him. and that his friends permitted to visit him
| The motion of the District Attorney is therefore
granted. The court will adjourn not until Novem-
ber but until the first Tuesday in October, which
time preferred by the Chief Justice and the Attor-
ney General. The will then, if not before be
| disposed of. At the conclusion of Judge Under
woods remarks the crowd dispersed. and soon after
court adjourned.