Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1866-06-13

Judge Underwood presiding. Messrs. james
T. Brady of New York, VIM. B. Reed Of Phil
adelphia, George ". Brown OF Baltimore, and
several other lawyers of lesser note appeared
at the opening of the Court, and urged some
reasons for the immediate trial of their client
The District Attorney was absent. and the
Court was adjourned until the next day. At
its re-assembling the Assistant District Attor-
ney, Mr.. Hennesey addressed the Court -
follows
T. May a please your honor, as the snsw srs
of the government to the questions propounded
BY Mr.. Reed yesterday are considered of some
Importance, have written them o t and pro-
pose to read them to the Court May IL please
your honor YES ecdav. Mr.. " b. Reed, one
of the counsel for J # Davis, propounded
certain ques IONS To the Court and to me,
which 10 ti,e a b ,cnce OF Mr.. Chandler l at that
time declined to answer. Mr.. Chandler is
still absent, beinx, regret to say, entirely
Frustrated 10y ecent severe domestic calam-
lty. Bot - promised thai | would proceed
TO day to reply 20 the question OF tie learned
gentlemen shall Go so. That gen tlenan cor
rectly says that an Indictment has been found
III this Court against his client, Mr.. Davis,
and asks .. If it to be tried ? If it is TO be
dropped or, If it is to be suspendedp So
tar as am instructed believe It Is to be tried,
but it will not be possible to do &c at present
tor a variety OF reasons, some OF which | will
proceed to give. La the first place, MIR. Davis,
although indicted IN this Court for high trea.
SOD, Is not now and never has been IN thu GUS
tody of this Court, but is held by the United
States Government as 2 state prisoner al For
tress Monroe, under order of the President,
signed by the Secretary OF War. In the sec
ond place, even II Mr.. Davis were In the GUS
tOdy of this Court, IL would not be possible
tor the Attorney General IN view of his nu-
merous and pressing engagements at the close
OF the session, to come here and try this case,
which is Case Of great nstIonal Importance,
nor could he re expected TO do so.
La the thIr- place, if Mr.. Davis is in the
deicat' state OF Eealih suggested by Mr. Reed
IL would be nothing less han cruel at this hot
and unhealthy s.ason to expose him TO the
unavoidable fatigue OF a protracted trial,
which appears to be an Inevitable result from
the array of counsel present and prospective
engaged Tor his defense. Neither this Court
nor any of its Ulcers have any present control
over the person OF Mr. Davis and until they
have Ii becomes i'm posi- bic for the District
Attorney to say VI en- he will be tried. But
| assure the gentlemen who represent Mr..
Davis here, that the moment he comes int
the custody of this Court they shall have full
and prompt notice when Il is intended 80 try
him. So far as the District Attorney and his
associates concerned, they may feel as
sured that their case will have a Just ana
speedy trial, without further barrier, let or
Endurance. This say for the special depart
ment OF the Court which l represent. But
what the intentions OF the Government are
with regard TO the disposition OF Mr.. DAVIS
am 20 further instructed than | have said. L
now move, may 1t please your honor, that
this Court, soon as the business before IL ls
dl-pssed OF, adjourn until the first tuesday 10
October next; 10y that time, | trust, the heat
OF summer Will have passed away. The
weather will then be cool and pleas mt, and
should We have the pleasure OF seeing again
the lea ned gentlemen, they Will be more Il led
TOR he arduous labor which their profession
constantly imposes on them. ln the mean
time, the capitalization process referred
10 by the learned gentleman yesterday, viii be
gong ON and his client Will be enjoying the
cool brt e7es u thc sea at Fortress Monroe, in
stead .; Iuhailpg The healed and iegId a mos
phere OF crowded court room.
To ,his Mir. Brady responded
- If your honor please, | Did not expect -
say o.e Word TINS morning IN reference 10 the
case Of Mr.. Davis. tut some # the surgts-
lions con aIued IN what my learned friend 8
just read, made It proper Tor me to state that
II Mr. DAVIS is nos technically subj ct 10 your
honor ] irisdIctlOD, Il = only because no copy
Ut the indie ment, 50 taT ~ am advised, has
ever been served upon HIM, nor any list OF
tn.s-cs, nor any Other act d ne of hose
which 4se req ulled t. b. done by the statute.
liz M. he true ttat tn technical :, nsc ne
cannot now, and never 5es been amensbis to
your authority, but my brother Reed stated
Yesterday that Mr. Davis was not Cunning
the benefit Of any OF these wants or forms,
but On the II rary that ne Was here TO tx
press from MS own lips, speaklr z through US,
ms al dent desire tor Immediate trial and
sltl ough it may be very hot LII Richmond, 1t
IL infinitely more where be Is now and SO
Tar as the convenience. of counsel Is concerned
they care Lot tor that Incon, enieuce, impeiled
as hey are by sense Of duiy. Fiom my own
experience 10 the city OF K chmond, whose
hospitality have enjoyed, certainly | would
be happy ~ remain here. either through the
hea Of summer or Of the frusts Of winter
We the Counsel of Mr. DAVIS. can only say
that We aTe entltely ready. We kno~ that
we cabnot control the action of the District
Attorney. We thank MIN tor his poli'e re-
spouse 10 our question, and OF course We
must now leave TINS question for such action
as the governmen. may prefer OF think proper
o take.
Judge Underwood then said
1t only Remains for the Court 10 say that
the District Attorney has correctly represent
ed the views of the Government upon this
mater. Inc CHIet Justice, who 10 expected
to preside on this tIal, has named the first
Tuesday III OCTOBER as the time that will be
most convenient Tor him, under the pressure
OF bis many duties, now gr eatly increased BY
the .roub les on The Northern frontier. to give
on so SD, TT notice the attentIon t. this great
question which Its Importance demands. IN
ger all the circumstances the Court is d. posed
10 grant the motion of the District Attorney
| think l may say 20 the counsel that Mr..
DAVIS viii IN all probability be brought before
the Court, unless his case shall in The mean
time be disposed OF by be Government, which
is altogether possible. liz Is in the power OF
the P. esldent of the United States 10 do what
he pleaees IN these matters, aud 1 pcesume
that the counsel foC Mr.. Davis would proba
oily find il for the interest of their client 10
make application directly to the government :;
but this Court would Lot feel justified IN de-
nyiDg at this time the application both OF
the Cnlei Justice and of tina Attorney Gen
eral.
When the Court adj rurns 1t will adj )urn
not until the term which i. held IL Noven Der +,
but until the first Tuesday 10 October next.
As 1t is supposed from the array OF coun-
sci on | 9th siues that have been named that
1t Will be a long trial. in which great practi-
cal and CONSTITUTIONAL questions are TO be dis
cus-ed and settled, probably taking two
months, it would undoubtedly be much more
comfortable tor counsel, as well as tor Mr..
DAVIS himself, to have these months in the
tall weather than in the summer. | think
that the counsel Is mistaken In surprising thai
Fortress Monroe is not as comfor Ia Ole In sum-
mer as Richmond. When | have been there
In snmmer | hive found the sea hree ze re-