The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1866-10-25
JEFF. DAVIS TRIAL.

rurther fOstpOnement Until Next spring
The Causes OF this Delay, and Who
Is to Blame for it-Chief Justice Chase
Puts the Fault on Congress, Etc.
FORTRESS MONROE, Va. October 23.-The
recent correspondence between President John
son and Attorney General Stanbery, relative to
further action on the part of the Executive to
bring JEFF. Davis to trial, has served TO very ma
terially enlighten the public upon the present
state of affairs. For the present, at least and
perhaps for months to come, II will occupy
Just the same position, and another term of the
United States Circuit Court will be suffered 20
go by without any action TO try the prisoner
being taken by the judicial authorities
Tue legal difficulties in the way ofholding the
Court at Richmond, in consequence of the ad-
journment from Norfolk In June last, are a
serious detriment TO its proceedings, and IL is
hardly doubted now that the Court will not
assemble next month in Richmond, as was before
generally supposed. This, of course, involves a
iurther postponement of civil trial of Davis
under the indictment for treason presented at
the last term of the Circuit Court; and in all
probability he will be kept in confinement the
entire winter that Is to say, until the spring term
OF the Court excepting OF course, that Execu-
tive clemency does not interpose and grant him
palpIo anu IeledSe IRON his COn1nemont,
In December, when the Supreme Court of the
United States meets, Judge Chase will be too
busy to devote any of his time or attention to
other legal matters, and the advocates of a
speedy trial of DAVIS, both in the North and in
the South, have nothing to hope for from the
present action of the judicial authorities.
Neither is 1t likely that writ of habeas corpus
will be issued upon the Commandant OF the
Fortress, acting as his custodian, demanding his
deliverance to the United States Marshal, for
incarceration in a Virginia State jail.
As long as he remains prisoner in the hands
of the United States Government, he will be re-
tanned here in United States fortress, and
guarded beyond all possibility of escape. The
statement of United States District Attornev L.
Fl. Chandler to Attorne General Stanbery
confirms this view, in assigning two different
reasons which influence him in not taking any
steps for not removing him from their custody
the one relating to his safe keeping. the other
to his own personal comfort and health
From the New York Herald this morning.
FORTRESS MONROE. October % - November, the
appointed time tor the trla OF JEFF Davis, Is rapidly
drawing close upon us, but the pre- 3ent confused
comp exon Of affairs Uearlng upon theitral gives
very hGt enco lragement that his important event
viii lind an early place ON the calendar OF the United
this genera S anS m Ssasar om %
District Attorney tor this District.
In the way OF session OF The United States Court
being held next month in Richmond stands the
taiu Q TO allot judges over tne districts as newly
laid out the act OF CONGRESS at It's last sess on
Tho d hicu ty can 0Giy De oDvIated by Congress,
WI ich, as is well known, will not meet until Decem-
per unless special session Is called Dy the Presi-
dent, which is altogether too remote contIn gency
70 base any ca cuatIon upon. Furthermore, the
United states Supreme Court meets in December
Nhen Congress convene, and with the present null
Justice Chase viii have his hands too lull of business
TO attend to anN thing efe
From this brief exposition of facts 1t will be seen
tbaS there is no present kela0Od, Notwithstanding
what Mr.. Davis may antIci pate, his friends or
counsel anticipate, or wish for him, of his being
BROUGHT 10 tral till next spring at the earliest Chief
Ju, tIce Chase has informed Mr. Chandler of his
trial. but casts the blame upon the stupid bluuder
ing made by he last Congress in its nneddli9 with
the geographical boundaries of the judicial districts
IN the manner 1t did, without making the proper
allotment of judges to conform with the other
changes. Regarding the issue OF O writ OF habeas
corpus by any State or ocal court, Mr. Chandler
anticipates no such action but the contrary te els
we'll assured 1t will not be done HIS explanat lions
this point in the recent pub ished
o. the President, Attorney Il eneral and himself are
abundantiy explicit, and need not be recapitulated
here.
The issue of any such writ, as no one can fail to
see, would be hostile to the best interes of Mr.
is the opiGlon of Mr.. Chandler tnat the former has
no right to do IT. and will not venture on any such
step He does not believe either. that 10 Presi-
dent will grant him any further parole than he now
opinion; end thus the stands. Mr.. Davis seems
like y TO be booked here for the winter. lie NAV
asanfs no Sep ~ fan ana so %ay hs TRENDS bur
ju'ure, on finding this fate inevitable, he will
doubtless bear up with ike frnness of manner and
cam and patient hope