Bedford inquirer. [volume] (Bedford, Pa.) 1857-1884, 1866-06-15

colleagues aud myself, and for the absent
client, | say with emphasis, | say with earn
estness, that VIC come here prepared Instant
~ to try that case, and we shall ask no delay
"A your Honor's hands, further than is nee
esSafy 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
tie Withdrawn? If so, justice and humanity
Seem to US 10 prompt that we should know
it. Is it to be suspended -postponedY LII
so, may 1t please the Court, with all respect
tu your Honor and the gentlemen who con-
duct the business here, your Honor must
understand us as entering our most earnest
protest We ask a speedy trial on any
charge that may be brought against Mr. Da-
Wis, here or in any civil tribunal in the land.
We may be now here representing may it
please the Court, dying man. For thirteen
months, he has been in prison. The Con-
stitution of the United States guarantees to
him, not only an impartial trial, which /
am sure he viii have, but speedy trial, and
we have come no slight distance. We have
come with strong sympathies 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 the more appropriate,
what disposition is proposed to be made
with the bill of indictment against Jefferson
Davis, now pending for high treason.
Maj. j. i. Hennessey, Assistant United
States District Attorney, said he had been
entirely unaware of the nature of the ap.
plication Just made. In the absence of the
District Attorney, Mr. Chandler, he was
not prepared to answer the question, but
would Immediately telegraph that gentleman
the fact of such application having been
made Mr.. Chandler would probably ar
rive in Richmond this evening. If he failed
to arrive Major Hennessey stated he would
himself be prepared to answer the question
to morrow morning.
Judge Underwood, addressing the counsel
for Mr. Davis" Am | to understand that
that will be satisfactorily
Mr.. Reed Entirely so. :"
The following morning Mr.. Hennessey,
Assistant United States District Attorney,
replied to the interrogatories OF Mr.. Reed, of
the day previous, in the following brief and
eloquent terms:
''May it please your Honor as the answers
of the government to the questions pro-
pounded by Mr.. Reed yesterday are consid-
cred Of some Importance, | have written
them out and propose to read them to the
Court
''May it please your Honor Yesterday,
Mr. w b. Reed, one of the counsel for JEFF
ferson Davis, propounded certain questions
to the court and to me, which, in the abb
sence of Mr.. Chandler, /, at that time, de-
clined to answer. Mr. Chandler is still abb
sent, being, | regret to say, entirely rrostra-
ted by recent severe domestic calamity
but, as promised that | would proceed to-
day to reply to the questions of the learned
gentleman, | shall do so.
THAT gentleman correctly says that an
Indictment has been found in this court
against his client, Mr.. Davis and asks Is it
to be tlied?' Is it TO be dropped?' or is
it to be suspended p
So far as | am instructed | believe it is
to be tried but it viii not be possible to do
so at present for variety of reasons, some
OF which / will proceed to give.
''In the first place, Mr. Davis, although
indicted 10 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 a state prisoner at
Fortress Monroe, under an order 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 numerous and pressing engage
ments at the close OF the session, to come
here aud try this case, which Is a case of
great national importance, nor could he be
expected to do so.
''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 fatigue of a protraeted
trial, which appears to be an inevitable re-
suit from the array of counsel present and
prospective engaged for his defence,
Neither this Court nor any of its officers
| have 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 assure the gen
tlemen who represent Mr.. Davis here that
| the moment he comes into the custody of
this court they shall have full and prompt
notice when it is intended to try him.
! So far as the District Attorney and his
| associates are concerned, they may feel as
! sured that their case will have just and
! speedy trial without further barrier, let or
| hindrance. This [ say for the special de-
| partment of the court which | represent
But what the intentions of the government
are With regard to the disposition of Mr.
| Davis am no further instructed than have
said
: i now move, may it please your Honor,
| that this court, as soon as the business be-
fore it is disposed of, adjourn until the first
| Tuesday in October next BY that time, |
trust the heat of summer will have passed
away.
The weather will then be cool and ploas-
ant, and should we have the pleasure Of see
ing again these learned gentlemen, they will
be more fitted for the arduous labors which
the profession constantly imposes upon
them
'In the meantime the 'crystalization pro-
cess referred to by the learned gentleman
yesterday, will be going on, and his client
will be enjoying the cool breezes of the sea
at Fortress Monroe instead of inhaling the
heated and fetid atmosphere of crowded
court room.
The Court adjourned to the lst of Octo-
Der.
THE EXECUTION OF PRoBsT.
Anton Probst, the murderer of the Deer