Staunton vindicator. [volume] (Staunton, Va.) 1860-1896, 1866-06-15

tuesday IN October next. by that time
trust the heat Of summer will have passed
away, the weather will be cool and pleasant,
and should we have the pleasure Of seeing
these gentlemen here again, they will be
more fitted for the arduous labors which their
profession constantly imposes on them In
the meantime, the e chrystalizing" process
referred to by, the learned gentleman yester-
day will be going on, and his client, will be
enjoying the cool breezes of the sea at For
tress Monroe instead Of inhaling the heated
and fetid atmosphere of a crowded court
room.
SPEECH OF Mr.. BRADY--MR. DAVIS READY FOR
/, . RICHMOND NOT HOTTER THAN FOR
sTREss MONROE ----y1RGINIA HOSPITALITY.
III Mr.. Henessey having concluded reading
the above, Mr.. James Z, Brady, Of New
York, one of the counsel for Mr.. Davis, rose
and in calm, clear voice., and looking the
Judge steadily in the face spoke as follows.
During his brief remarks be made no gesture,
his right hand resting lightly upon the table
within the bar. Mr.. Brady said:
: If your Honor pleases, did not expect to
say one word this morning in, reference to
gestions contained in what my learned friend
has just read make it proper for me to state
that if Mr.. Davis be not technically subject
to your Honor's' jurisdiction. it is only be-
cause no copy of this indictment, so far as
am advised, has ever been served upon him,
nor any list of witnesses, nor any other act
done, of those which are required to be done
by the statute J; it may be true that in this
technical sense he is not now and never has
been, amenahle to your authority butrmy
brother Reed stated that Mr.. Davis was not
claiming the benefit Of any of these wants of,
forms, but that, on the contrary, he was here.
to express from his lips, speaking through
us, his ardent desire for an immediate trial ;.
and though it may, be very hot in Richmond
it is infinitely worse where he is; and so far
as the convenience of counsel is concerned,
they care nothing for that convenience, i'm
PEELED, as they are, by a sense Of duty
From my own experience in the city Of Rich.
mond, whose hospitality | have enjoyed, GER
tainly | would be happy to remain here, Ell.
Their through the heats of summer or the
frosts of winter. We can only say that we
are entirely ready. We know. that we can
not control the action of the District Attor-
ney. We thank him fer his polite response
to our questions, and of course we'leave this
question for such action as the Government
may hereafter think proper to take. 5s1
SPEECH OF JUDGE uNDEEWooD--TnE COURT TO
ADJOURN TO ocToBER-MR. DAVIS TRIALTo
TAKE PLACE THEN-APPLIcATIoN MUST BE
MADE TO THE PRESIDENT TO BAIL OR PAROLE
MR.. DAyIs-THE DELIGHTS OF FORTRESS NON
ROE. "a
Judge Underwood then said:-It only
remains for the Court to say that the District
Attorney has correctly represented the views
of the Government on this occasion. The
Chief Justice who is expected to preside on
the trial has named the first Tuesday in Oc-
tober next as the time that will be most con :
venient for him, and the Attorney General
has indicated that it would be utterly impos-
sible for him, under the pressure Of his many
duties, now greatly increased.by the trou-
bles on the Northern frontier. on so short a
notice, to give that attention to this great
/ question which its Importance demands.
! Under all the circumstances, the Court is
disposed to grant the motion Of the District
I Attorney and I think may sayyto counsel
that Mr. Davis-will in probability, at that
time be brought before the Court, unless his
case shall in the meantime .beidisposed ofsby
the Government, which is altogether posi-
bic. 1t is within the power Of theR President
of the United States to do what he pleases in
ese matters, and I presume that the coun-
sci for Mr. Davis would probably find it to
the interest of their client to make applica-
ton directly to the Government at Wash
ington But this Court would not feel JUS
tilted in denying at this time this application,
which is in fact the application both Of the
Chief Justice and of the Attorney General.
When this court adjourns, it will adjourn
not until the next term, which is in Noyem-
Der, but until the first Tuesday in October
next As it is supposed, from the array Of
counsel on both sides that have been named,
it will be a long trial, in which great politi-
cal and constitutional questions. are. to be
discussed and settled, probably taking two
months, it would undoubtedly be much more
comfortable for counsel, as we'll as for Mr..
Davis himself, to have those months in the
fall, rather than in the summer, because ii
is every way more comfortable in Richmond
at that time than now. ea
IL I. think the counsel is mistaken in suppos-
ing that Fortress Monroe is not as comforta-
bic place in summer as Richmond. When
[ have been there in summer [ have fonnd
the sea, breezes at Fortress Monroe we're re-
freshing.
MIR. Brady. But there is there very lin
tied society. your Honor! Laughter.
Judge Underwood continued: The society
IS limited However, the Government is
disposed to extend every reasonable priv
lege, and I am happy to know that the wife
of the prisoner is permitted to be with him,
and that his friends are permitted to visit
him.
The motion of the District Attorney is
therefore granted. This court will adjourn,
not until November, but until the first Tues
day in October, to meet at this place It
would be September. but September is a hot
month; and, on the whole, the Chief Justice
and the Attorney General prefer it should be
October when, | presume, if not before, this
case will be disposed Of. ,sa. ~
With these remarks of the Judge the bust
ness of the day was over, and the interest of