The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1866-10-03
Judge Underwood's Legal knowledge

Judge Underwood's Legal knowledge.
In all article commenting upon the
charge which Judge UNDERWOOD had de-
livered to his grand jury in this city day
or two previously, we on the 9th of June
last said:
at has about as much law In 1t as there is
In the authors head, and Is rs creditable 10
his Honor rs jurist as was the order he made
in Norfolk adjourning the court TO this city
without any authority of law, and under
court, ut which, II any decisions of impor-
lance are made, they will inevitably be set
aside by the Supreme Court on the ground
that the session was illegally held"
1t seems that the Judge has by this time
found out that We were right. In the last
number of the Philadelphia Ledger we find
the following special telegram
JEFFERSON pAvIs's cAsK-TBR LEGAL OBSTACLES
TO A TRIAL.
RICHMOND, September 30.-The facts con-
nected with Jefferson Davis case-and have
them from an authoritative source-are these :
The Circuit Court of the United States for the
Fourth Circuit originally sat ut Richmond.
In 1864, Richmond being the seat OF the Rebel
Government, and Norfolk being held by the
Union forces, Congress passed law removing
the court TO the latter place. The words 81 the
law are that the court shall be held at Nor
folk on the first Mondays Of May and Novem-
berthe place and time were designated
"and no other" John Z. Underwood was
appointed district judge" and as such, III
the absence of justice OF the United STATES
Supreme Court, held The Circuit Conrt az NOT Si:
court found true bill for high treason agains'
Jefferson DsSis and 90 Ma ~ ii a%, aoSrned
his court TO Richmond, where II met on June
5th. The reason the Judge gave for this pro.
Sednrs was that he supposed an act OF Con.
gfeSs nau passed authorizing the change.
Such an act did pass but not until MAY 90,
seventeen days after the Judge ordered the
adjournment. This act directs the adjourn.
nent as . future thing to be made from Nor.
folk In certain way, and the papers to be
transferred. The course directed has never
yet been pursued, nor have the records been
removed. Had Jefferson Dayiss case been
tried last u ne ii would not have been proper.
before the court and conviction could not
have been sustained Were il to be tried now
At Richmond the effect would be the same
AL this was known In June last to ] udge I'm.
derwood; YET, in his remarks TO the counsel,
Messrs. Reed and Brady, at that time, he
said: II
- The Chief Justice, who is expected to pre-
eide on this trial, has named the first Tuesday
In OCTOBER as the lime that will be most con-
Veniept TO him. When this court adjourns 1t
viii adjourn not until the next term, which IL
In November, but until the first Tuesday in
October next" Et eE
The time appointed has come, and the pri-
soners counsel are here, and cay that they are
ready 10 begin the trial but the fact is aseer-
wrong and void from the beginning Judge
Underwood will probably have to trsat all
that was done by him in June last as nul.
lily, and 20 TO Norfolk and begin anew, whilst
In the mean time the trial which the public so
generally demand is indefinitely postponed
Other difficulties hang around the case, but
this u the main one. ].