The western Democrat. [volume] (Charlotte, N.C.) 1852-1870, 1866-06-12
FOR THE TRIAL OF Elk
ESIDENT DAVIS
Speeches Of Counsel on each side.

wood presiding.
William B Reed, Esq, of Philadelphia, Zone
of Jefferson Davis counseI arose and addressed
the Court as follows:
"May it please your Honor, beg to present
myself in conjunction with my colleagues, rs
the counsel Of Jefferson Davis, now prisoner
of State at Fortress Monroe, and under indict-
ment for high treason in your Honors Court
We find on the records of your HoDors Court
an indictment charging Mr. Davis with this
high offence, and it has seemed to us due to the
cause of justice, due to this tribunal, due to the
feeling of one sort or another which may be de-
scribed as .crystaIizlng around the unfortunate
man, that We should come at the very earliest
day to this tribunal and ask Of your Honor, or
more properly the gentleman who represents
the United States, the simple question, What
is proposed to be done with this indictment =
Is it to be tried Is it, (and this is question
perhaps that have no right to ask is 1t to be
Withdrawn! or is it to be suspended ii 1t Is
TO be tried, may it. please your Honor, speaking
for my colleagues and for myself and for the
absent client, | say with emphasIs-and L say
it with earnestness-that we come here prepared
instantly to try that cause and we shall ask no
delay at your Honor's hands, further than is
necessary to bring the prisoner to face the court,
and to enable him, under the statute in such
case made and provided, to examine the bill OF
Indictment against him. Is it to be withdrawn
If so, justice and humanity seem to prompt that
We should know. Is it TO be suspended post
poned? 1T so, may it please the court, with all
respect to your Honor and the gentleman who
conducts the public business here, your Honor
must understand us as 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 IN the land. We may be-
now here representing, may it please the Court,
a dying man. For thirteen months he has
been in prison. The Constitution Of the United
States guarantees to him not only an impartial
trial (Which | am sure he will have), but
speedy trial, and We have come no slight dis
tance-we have come in all slncerlty-we have
come with all respect to your Honor-we have
come with strong sympathles with our client,
professional and personal-we have come here
simply to ask that question. | address it to the
District Attorney, or address it to your Honor,
as may be more appropriate, what disposition Is
proposed to be made with the bill of indictment
against Jefferson Davis now pending for high
treason"
The Assistant Distric: Attorney, Mr. Henessy,
made the following reply:
May it please your Honor, yesterday Mr. Will
liam B. Reed, one of the counsel for Mr. jefferson
Davis, p'opounded certain questions to the Court
and to me, which, in the absence of Mr. Chand-
Ter, |, at the time declined to answer.
Mr. Chandler is still absent, being, l regret to
say, entirely Frustrated by recent severe domes-
tic calamity. and, -as promised, to-day reply to-
the questions of the learned gentleman.
That gentleman correctly says that an intict-
ment has been found in this conrt against his
IL N II l.. al -, =
to be dropped, or is it TO be suspended"
So far as am instructed, believe it . to be
tried but it will not be possible to do at pre-
sent for a variety of reasons, some of which
proceed 10 give:
In.the first place Mr. Davis, although indicted
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 Government as
state prisoner, at Fortress Monroe under an Or
der of the President signed by the Secretary of
War.
In the second place, even if Mr. Davis were in
the custody of this court, it would not be possible
for the Attorney General, in view of his humer-
Gus and pressing engagements, near the close Of
the session, to come here now and try this case,
which as a case of great national importance, he
, would be expected to do.
In the third place, if Mr. Davis is in the delicate
state Of health suggested by Mr. Reed, it would
be nothing less than cruel at this hot and I'M
healthy season, to expose him to the unavoidable
fatigues of a protracted trial, which appears to
be an inevitable result of the array of counsel
present and prospective, engaged for bis defence.
Neither tins court nor any of its officers has
any present control over the nerson of Mr. Davis,
and until they have, it becomes impossible for
the District Attorney to say when he will be tried
but this | assure the gentlemen who represent
him here, that the hour Mr. Davis comes into the
custody of this court, they shall have full and
prompt notice when it is intended to try him,
and so far as the District Attorney and his assoc
eiates are concerned, they may he assured their
client will have ust and speedy trial, without
further barrier, let hindrance'
This say for the special department of the
court which | represent; but what the intentions
of the government are with regard to the di>po-
sition of MIR Davis | am no further instructed
than | have said.
now move, may it please your Honor, that
this court, the business before it is dis
posed Of adjourn until the first Tuesday in Oc-
tober next. BY that time | trust the heat f
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 k4bors
which their profession constantly imposes on
them. IN tue meantime, the "chryStaIlzlng pro-
cess referred to by the learned gentleman yester-
day will he going on, and his client will be en-
jceing the cool breezes of the sea at Fortress
Monroe instead of inhaIing the heated and fetd
atmosphere of a crowded courtroom.
Nr Brady of New York, another one of Mr.
Davis counsel, then arose and said
IF your Honor please, did not expect to
say one word this morning 10 reference to the
case of MIR Davis, but some of the suggestions