The tri-weekly standard. [volume] (Raleigh, N.C.) 1866-1868, 1866-06-09

the United States District Court was opened
in that City on Tuesday last, His Honor
Judge Underwood presiding, for the purpose
Of proceeding with the trial of Jefferson Da-
Wis for the crime of treason. We give below
the remarks of Judge Underwood on open
ing the Court, with those of Mr.. Reed, one of
the counsel for the defence:
CHARGE OF JUDGE UNDERWOOD.
GENTLEMAN OF THE GRAND JURY I am hap
Ply to meet you again, and to know that you still
live, notwithstanding the assaults that have been
made upon you. Little need to be said in addi-
ton to the Instructors given at Norfolk: Your
last session has made you historical, and trust
the efforts which have been made to intimidate
you, and to impede the course ofjustice, will not
render you less faithful and earnest in the dis
charge of your publick duties. We ought not to
be surprised that the reasonable and Iicentious
press of this State and city should VINCE and
| rage, and become furious when treason and licen
tiousness are exposed and arraigned for trial and
punishment; nor should we be surprised at the
enmity and desperation exhibited, when we re-
member that this city has long been the centre
and seat of the greatest traffic in human beings
| that has ever disgraced the world-a traffick
| which has annually employed many hundreds of
moral monsters, and many millions of capital,
substituting the press, pulpit and poticks OF the
State, rendering Richmond more infamous among
men of its participation in this great crime than
all the cities along the coasts of Scnegambia, Up
per and Lower Guinea, Congo, Loangc, Angalo
and Bengucla combined The wonder rather is
that SO many traces of kindness, humanity and
| christian civilization should have survived such
dcbasing and brutalizing influences, and let
| thank God and take courage that, more fortunate
| than the devoted cities OF antiquity, count
more than ten men who have stood faithful among
| the faithlcSS.
The complaints of threatened violence and in
I timidation which have been forwarded to me by
several of your number for your late heroic and
patriotick action have been submitted to the high
| est legal and military authority of the govern
mcnt and can assure you of the earnest SYM
pathy and firm support of all I officers of the
! law mot no Juhn tha fraa-
sonable now tiatter and fawn, but whom they will
probably soon curse as heartily as they did two
years ago. But, gentlemen, l am glad to call
your attention to law of Congress which puts
your vindication, well as that of the country,
into your own hands. In 1881 Congress enacted,
as you will find on page 4SS, ~ volume of the
statutes at large, as follows:
Section p And be it further enacted, That if any
person or persons shall corruptedly, by threats
or force endeavOr to influence intmdate or i'm
pede any juror, witness officer in any court of
the United States in the discharge of his duty,
shall corruptedly, or by threats or force obStruct
or impede, or endeavor to obstruct or impede,
the due administration of justice therein every
person or persons so offending shall be liable to
prosecution by Indictment, and SHALL convic-
ton therefor be punished by fine not exceeding
five hundred dollars, OF by imprisonment not ex
ceeding three months, or both, according to the
nature and aggravation of the offence Approved
| March 2, 1888.
You will thus have it in your power to exercise
a wholesome restraint upon licentious tongues
and pens, and upon the press, which, blind
leader Of the blind, has been and still is of
the cnlcf causes OF present prospective
calamity and misfortune. The murders, lusts,
assassinatiOns, violent and ungoyerned passions,
| ending in selfconfagraton and self-immolation
unparalleled in any heather country; the poverty,
| suffering, agony and degradation which have Civ
| en- this city-of almost unequaed natural capabi
lities-its bad eminence, the legitimate fruit
of the teachings of its publick press and anything
you can be able to contribute towards its refor-
nation will, in the highest degree, be servceable
to the cause of the country and of humanity.
But, gentlemen let act with moderation and
discrimination for though prostituted press is
one of the greatest caamites, free and vir
tuous press is of the greatest publick bles-
sings-the greatest ornament and support of pub
lick virtue.
Concluding, the Judge said that in the absence
of the regular foreman of the body, Mr.. Harrison
| would act in that capacity. The Grand Jury then |
rose and retired to their room.
REMARKS OF READ.
William B. Read ofPhiladelphia, then addressed
May it please your Honour, 1 beg to present |
myself, in conjunction with my colleagues as the
counsel of Jefferson Davis now prisoner OF State
at Fortress Monroe, and under Indictment for
high treason in your Honour's court
| We find i'll the records of your Honours court
| an Indictment charging Mr.. Davis with this high
offence, and it has seemed to nee due justice, due
to this tribunal due to the feeling OF one sort
another which may be described as chrystalizing
around the unfortunate man. that we should come
at the very earliest day to this tribunal and ask
of your Honour, or more properly the gentlemen |
who represent the United States, the single ques
ton, What is proposed to be done with this in
dictment Is it to be tried Is it (and this is a
question, perhaps, tnat nave no right TO ash
be withdrawn, or is it to be suspended? If it is
to be tried, may it please your Honour, speaking
for colleagues and for myself and for the absent
Client say with emphasis and L say 1t with |
earnestness, that We come here prepared instant
" to try that cause and shall ask no delay at |
Your Honour's hands further than is necessary to |
bring the prisoner to face the court and to cna-
bic him, under the statute in such cases made and
provided, to examine the bill of Indictment |
against him. Is it to be withdrawn? Ii so jus !
tice and humanity seem to to prompt that we |
should know it, Is it to- be suspended, postponed?
1fso, may it please the court and all respect to
your Honour and the gentleman who conduct |
the public business here, your Honour must I'M |
derstand entering our most earnest protest.
We ask speedy trial ON any charge that may be |
brought against Mr.. Davis here or in any other |
civil tribunal of the land. We may be now here |
representing, may it please the Court, dying |
man. For thirteen months he has been a prison
er. The Constitution of the Untitled States qua
rantees to him not only an impartial trial (Which |
l am sure he will have) but speedy trial, and we
have come no slight distance, we have come in
all sincerity, we have come with all respect to |
your Honour, we have come with strong sympa-
thies with our client, professional and personal
We have come here simply to ask that question. |
address it to the District Attorney, address it |
to your Honour, may be more appropriate ::
What disposition is proposed to be made with |
the bill of indictment against Jefferson Davis,
now pending for high treason?
REPLY OF THE DISTRICT ATTORNEY.
When Mr.. Read had concluded, Mr.. j. T. Hen
Messy, Assistant District Attorney, arose to re-
ply, in the absence of Hon. l.. H. Chandler, Dis
| trict Attorney of the court.
Mr. Henessey could not say what course would |
be pursued relation to the indictment against |
jefferson Davis The District Attorney was eN-
pected to reach the city this Qast) evening if he
did not come he would be communicated with |
by telegraph, and he (the Assistant Attorney |
would be prepared to give answer to the interro-
gatory of the counsel tomorrow (this) morning |
THE CASE OF EX-PREsInENT DAVIS
RICHMOND, June 6.-In the of ex-Presi- |
dent Davis before the U. s. District Court to- day,
the Assistant District Attorney said Mr. Davis |
not in the custody of the Court, but was
prisoner of the state.
Attorney General Speed could not be present. |
and he therefore moved the Court to adjourn I'M
til October.
Mr.. Brady said his client wanted speedy trial,
and he would waive all FORMS but his counsel
! knew they could not control the action of the
Attorney for the Government
Judge Underwood said Chief Justice Chase ex-
pected to preside at the trial. and had named Oc-
tober a convenient time, and Attorney Gen
eral Speed could not be there now, he granted
the motion of the District Attorney, and advised
the counsel for Mr. Davis to make application to