The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1866-06-07

prDly of the NS'A~s Ds"aSs 'H'toE-
nc,-Why Nr. Davis's Trial IN 20 be
ro.tnnncd- Remarks Of Mr.. Davis's
,ouuscI-Thc Salubrtty or Fort Mon
.,c Judge Cnderwood's Address
The Next Step to be Takcn-Prospect
or ur. Da,is's speedy Release.
,n.nazn the attendance on Tuesday at
....l...,rd States Court was such a>to lead
d. .u. tpunyd person 10 presume that but
....,.rutrrc>t was taken in the important case
.r., i. the accounts of the proceedings
.u.,s>hrl m the city papers OF ycsterda!
~ road with the greatest avidity. There
o> some natural comment upon the
...~-e 10 the Grand Jury, and conSldcra-
...,urcuLtIon A. To- what would be the
,-..s,,r 10 the questions put by Mr.. Davis'S
,..rr,>,I. and both these circumstances
...>,i large number Of persons To as
...,.h,t. i'm the courtroom on yesterday
ming Al even before the hour al which
,s, session of the court was appointed To
,,..ncace. BY 10 o'clock, at least two
.a.ircd and fifty persons had assembled,
..l were grouped around the counsels.
OPENING or THE COURT.
1. ten minutes of ii o'clock Judge Un-
5..aood shambled in, and took his seat
..,.a the bench. lie looked once or twice
,.r.r4> the audience and then resumed his
,E amusement of dahbling among dirty
,.gry,, and picking and clutching with his
a..r>-a sad and ominouS sign, as old wo-
,..n and legends tell rs.
H.,>r>. Brady, Reed Brown, Edsall, and
VA sickle, counsel for Mr.. Davis, were
,ss>rut, accompanied by Colonel B. n.
Harrison aud Mr.. J. Ennis.
soon after 10 o'clock ponderous cush-
ni chair was brought i'll and placed on
..e bench.
Nr. Gilbert y. Walker, President of the
National Exchange Bank at Norfolk, who
Was sworn in on yesterday to make up the
1-mbcr of the grand jury, was excused
..uu further attendance. May happy
thoughts 90 with him.
Silence was called, and the court was
ay,prned. Mr.. HcnncSSy, the Assistant
District Attorney, then came in and talked
earnestly with the Judge. He then took
ri> hat. shook hands with Mr.. Davis coun-
SELL and took seat at the table.
\ certain Mr.. Clutz was then called, and
ti not appear, which caused the Judge
,.,4l. i" Ii Mr.. Clutz is in the courtroom,
". win please come forward -; but still
..,~r was no response.
III, Judge then said, "Mr. llcnneSSy,
vs ARE ready to hear from You whenever
Insults vour convenience"
The District Attorney had been sitting
.ruu,liy al the table. His face now grew
..tgttiy liyid, and large beads of pcrspi-
~. ii STOOD upon his forehead. He made
desperate effort 10 recover himself,
r.l>cd for moment, and then began the
owing reply TO the application made
. Tuesday by Mr.. Reed:
EElV - THE ASSISTANT DISTRICT ATTORNEY.
Ha,trta>c Io,Ir Honor,-
Yesterday. Mr.. William p. Reed, one of
rreouu>c} for Jefferson Davis, propUundcd
u.lam questions to the court and to me,
yr.., in tie absence of Mr.. Chandler,
q, nat time declined to answer.
NJ. Chandler is still absent, being, |
,.-rrt 10 say, entirely Frustrated by re-
uH severe domestic calamity, and, as
Gr..al>ed, to-day proceed to reply to the
".>.ious Of the learned gentleman.
That gentleman correctly says that an
ar'Mcnt has been found III this court
...u,t his client, Mr.. Davis, and asks Is
''o he dropped, or is it TO be suspended"
So lar rs ] am instructed, believe it
,lob, tried; but ii will not be possible TO
b. ~ at present for a variety of reasons,
som. Of which proceed to give.
II tie first place, Mr.. Davis, although
Indicted in this court for high treason, is not
~ aui never has been, in the custody OF
r., court. hut is held by the United States
Government as a State prisoner at Fort
NHroc. under an order of the President,
-aad hy the Secretary of War.
h the second place, even if Mr.. Davis
were in the custody OF this court, it would
a; b, possible Tor the Attorney General,
a view of his numerous and pressing en-
.,.rmcnts near the close of the session, to
,14.. here now and try this case, which,
asa case OF great national importance, he
"uAu bc expected 10 do.
In the third place, if Mr.. Davis is in the
'..jcatc state of health suggested by Mr..
h"yi, il would he nothing less than cruel,
NJ lUas hot aud unhealthy season, to expose
at4 10 the unavoidable fatigueS of pro-
,"ntcd trial, which appears to be an in
".;ahc result of the array of counsel,
"e>rut and prospective, engaged in his
defence.
Neither this court nor any of its officers
.a> any present control over the person Of
Ar. Davis, and until they have, it becomes
impossible for the District Attorney to say
""ra lie Will be tried but this assure
lac gentlemen who represent him here, that
"e honr Mr.. Davis comes into the custody
'' t1' court, they shall have full and
. prompt notice when it is intended to try
".A. aud 50 far as the District Attorney
@"d h!s associates are concerned, they may
'' assured their client will have a Just and
speedy trial without further "barrier, let,
oF hillrance."
IA' / say for the special department of
..c court which | represent but what the
"'A""h> "i the Government are with re-
t"H 70 The disposition of Mr.. Davis am
"' 'aFthcr instructed than have said.
h2" move, may it please your Honor,
," tA!S court, as soon as the business be-
q.' Il ~ disposed OF, adjourn until the first
Eaa! IN October next. BY that time |
"">' Ene heats Of summer will have passed
away, Tie weather will be cool and pleas
''. ana, should We have the pleasure of
,Tls these gentlemen here again, they
,' ,'H Tc more fitted for the arduous labors
.a 'helr profession constantly imposes
mem. In the mean time, the "chrys-
'.."3 process" referred to by the learn
s'~'!eman yesterday, will be going on,
MS client will be enjoying the cool
,.''IeS Of the sea at Fortress Monroe, in
,@l@ lnhaling the heated and fetid at
sphere o! crowded courtroom.
Il fi.4 q - -