Evening star. [volume] (Washington, D.C.) 1854-1972, 1866-06-06

October-Chief Justice Chase 90 Preside.
RICHMOND. June 6.-There was quite large
attendance of spectators i'm the courtroom this
morning, including nearly all the members OF
the Richmond bar Messrs. Reed. Brady and
Brown, counsel for Mr.. Davis, entered tine
room about 10 o'clock, and waited the opening
of the court.
About quarter of eleven Judge Underwood
took his seat, and the court was opened by the
critr. After a lapse of several minutes. Judge
Underwood, addressing the assistant district
attorney, said - Mr.. Hennessy, we are ready
10 hear from you whenever IL suits your con-
venence." Mr.. Hennessey arose. and the
counsel, lawyers and spectators all rose and
pressed forward to hear his res ponse. He said
May II please your honor: As the answ OF
the Government TO the questions propounded
by Mr.. Reed on yesterday are considered Of
some importance. Il have written them out,
and propose to read them TO the Court. MAY
it please your honor: Yesterday. Mr.. Reed,
one of the counsel for Jefferson Davis. pro-
pounded certain questions 10 the Court and TO
me, which, in the absence of Mr.. Chandler. 1
at that time declined 10 answer Mr.. Chandler
is still absent, being, regret TO say. entirely
Frustrated by recent severe domestic ca
lamity, and, as 1 promised, i to-day pio-
coed to reply TO the questions of the learned
that an indictment. has been found
in this court against his client, Mr. Davis. and
asks if IL is to be tried If it is To be dropped, or
is 1t TO be suspended SO far az 1 am in
stIucted, believe II is to be tried. but il will
not be possible 10 do so at present for a yarie-
~ ofreasons, some of which proceed to give:
In the first place, Mr. Davis, although in
dicted in this court for high treason, Is not
now. and never has been in the custody of this
court. but is held by the United States Gov
eminent as "a state prisoner at Fortress Mon
roe under the order of the President. signed
by the Secretary of War. In the second
place, even if Mr.. paws were in the
custody Of this court il would not be
possible for the Attorney General, in view of
IN IN.
close OF the season, TO come here now and
try this case, which is case OF great ma
tional importance, which he would be expect.
ed TO do In the third place If Mr. Davis is In
the delicate state of health suggested by Mr.
Reed il would be nothing less than cruel at
this hot and unhealthy season to expose him
TO the unavoidable faigues Of protracted
trial, which appears 10 be an inevitable result
from tie array OF counsel. present and pros
peetiye, engaged for his defense. Neither
this Court nor any OF its officers has any
present control over the person of Mr.
Davis and until they have. il becomes
impossible for the District Attorney TO saw
when he will be tried. but this 1 assure the gem
tlemen, who represent him here, that the hour
Mr.. Davis comes into the custody of this court
they shall have full and prompt notice when
IL Is intended to try him, and so far as the Dis
trict Attorney and his associates are Concerned
they may be assured their case will have a Just
and speedy trial without further let or him
drance- This i say for the special department
Of the Court which 1 represent, but what the
IL
to the disposition Of Mr.. Davis am no further
instructed than i have said.
1 now move. may 1t please your Honor that
this court as soon ms the business before IL is
disposed OF, 10 adjourn until the first Monday
OF October next; by that time the heat OF sam
mer 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 labor
which their profession constantly imposes
upon them. In the meantime the crystailiza.
ton process refer red TO by the learned gentle
man yesterday will he going on, and his client
will be enjoying the cool breeZes of the sea at
Fort Monroe, instead Of inhaling the heated
and fetid atmosphere of a crowded court room.
James I. Brady, OF New York one OF the
counsel for MIR. Davis. then said Ii your
honor please. did not expect to say one word
this morning in reference to the case of MIR. |
Davis, but some Of the suggestions Contained
in what my learned friend has lust read make
1t proper Tor me to state that il Mr. Davis be
not technically subject to your honor's iuris-
dicIon, II Is only because no copy OF this in
dictment so tar as 1 am ad vised has been served
upon him, nor any list Of witnesses, nor any
act done of those which are rec uired by the
statute. 1t may be true that in this technical
sense he cannot now and never has been
TO your authority: but my brother
counsel, Mr.. Reed, stated that Mr.. Davis was
not claiming the benefit or any OF those wants
Of forms. cut that on the contrary he was hero
to express from his own lips, speaking throueb
us, his ardent desire for an immediate trial.
Although IL may be very hot in Rich.
mond, 1t is infinitely worse where he
is, and so lar as the convenience of
the counsel is concerned, they care nothing
for that convenience, impelled as they are by
a sense OF duty. From my own experience in
the city OF Richmond. whose hospitality i
have enjoyed certainly. would be happy To
remain here either through the heats of sum
mer or the frosts Of winter. We can only saw
that we are entirely ready. We know that
we cannot control the action OF the district At
torney. Wethank him for his polite response
TO our questions, and of course we leave tue
question for such action as the Government
may mink proper to take.
Judge Underwood then said: Ii oniy re-
mains for the Court To say that the District
Attorney has correctly represented the views
OF the Govern ment upon this matter. The
Chief Justice who is expected TO preside ON
the trial has named the first Tuesday in Octo-
Der as the time that will be most con yenieut
for him. The Attorney General has indicated
t natl, Il W., would De utterly impossible for him,
greatly increased by troubles on the Northf rn
frontier. on % short a notice to give attention
to this great question which il demands. Un-
der All circums tances the Court is disposed to
grant tine motion Of the said District Attorney,
and think may say to the counsel that Mr..
Davis will in all probability al that time be
In the meantime be disposed Of by the Govern
ment, which is altogether possible. 1t is with
in the power of the President OF the United
and presume the counsel for Mr.. Davis would
probably find IL TOR the interests OF their client
70 make application directly to the Govern.
ment at washington, but this Court would
not feel justified in denying at this time the
application both of the Chief Justice and At
torney General. When the Court al iourus. In
will adjourn not until the next TERM which is
IN November, but until the first Tue.dav in
October next, as 1t is supposed from the array
d counsel on both sides that have been named
u Will De long time, In which great political
ana constitutional questions are 10 be discuss
"a ana settled, pr badly taking two months
. IL would undoubtedly be much more COM
ortable for the counsel, as we'll as Mr. Da vi.
linseiE to have these months in the fail rather
nan In the summer. because it is in every way
more comfortable IN Richmond at that time
han in the summer.
think the counsel is mistaken in suppos,ne
haa Fortress Monroe is not AS comfortsble =
pisee IN the summer as Richmond When I
lave been there In the summer L have found
he sea breeze very refreshing
Mr.. Brady, TO the Jpdge--But very limited
society. IIaughter.l r-s811 =
Judge Underwood, continuing. said The