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

PLANS OF THE GOVERNMENT--THE ASSISTANT
DISTRICT ATTORNEY REPLIES TO THE CUES
TIoN OF s'WHAT IS TO BE DONE WITH THE
INDICTMENT DAVIS NOT IN TIE Gus
TOBY OF THIS COURT.
Judge Underwood addressing the Assis-
tant District Attorney Hennessy, we
are ready to hear from you.
As Mr.. Hennessy rose the dense crowd
that filled the court room rose also and press
ed eagerly forward around the bar, listening,
with bated breath, intently to hear every
word that might fall from his lips. Those
who could not reach the bar mounted on
chairs and benches to get a better view, and
to catch, with the aid of the eye, all that
might be said. Amid silence so profound
that the ticking of watch might be heard
across the court room, Major Hennessy said !:
AS the questions propounded to the Court
yesterday were Of some importance, / have
written out my reply. q II aa-ha
The Major then read the following, his
manner at first evincing some natural em-
barrassment incident to his first effort before
such numerous array Of eminent legal gem
tlemen; but this soon wore off, and his ut
terance became fuller and more distinct as
he proceeded: ,sts.-@i.
May it please your Honor, yesterday Mr.
William B. Reed, one of the counsel for Mr. ].
Jefferson Davis, propounded certain ques-
tons to the Court and to me, which, in the
absence of Mr.. Chandler, /, at the time, de-
clined to answer. .ta a2sf
Mr.. Chandler is still absent, being, re-
greet to say, entirely Frustrated by recent
severe domestic calamity, and, as promised,
| to-day reply to the questions Of the learned
gentleman. .st'ssa
That gentleman correctly says that an in
dictmeht has been found in this court against
his client, Mr. Davis, and asks, SIS it to be
tried, is it to be dropped, or is it to be sus-
pended p
So far as I am instructed, I believe it is to
be tried but it will not be possible, to do SO
at present for a variety Of reasons, 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
Government as state prisoner, at Fortress
Monroe, under an order of the President,
signed by the Secretary Of War. a
Tn the second place, even if Mr.. Davis
were in the custodyso of this court, it would
not be possible for the Attorney General. in
view of his numerous and pressing engage
ments, 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 ex-
pected to do. :. s4s rkss,sss ~ gs1~
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 unhealthy season, to expose him
to the unavoidable fatigues of protracted
trial, which appears to be an inevitable re-
suit of the array of counsel present and pros
pective, engaged for his defence.
| Neither this court nor any of its officers
| has any present control over the person Of
Mr.. Davis, and until they have, it becomes
impossible for the District Attorney to say
when he will be tried, but this I 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 50
far as the District, Attorney and his associ-
ates are concerned, they may be assured
their client will have a just and speedy trial,
without further s.barrier, let or hindrance y
This I say for the special department of
the court which I represent; but what the
intentions Of the government are with regard
to the disposition Of Mr.. Davis [ am no fur
Their instructed than / have said
f now move, may itiplease your Honor,
that this court, as soon as the business be-
fore it is disposed of, adjourn until the first