The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1866-06-10

| ~, "aNAieS -" WIG SSSouU Ndy . pTo-
ceedings of'the United States Circuit
Court, III that city. Mr.. Hennessey,
Emitted States District Attorney, hay
ing moved an adjournment of the
Court Until October next, Mr.. James
I. Brndy said
If yosfr Honor pleases, I did not
expect to say one word this morning
in reference to the case of Mr.. Davis,
but some of the suggestions contain
ed in what my learned friend has Just
read, make it proper for me to state
| that if Mr.. Davis be not technically
subject to your Honor's jurisdiction,
! it is only because no copy of this in
dictment, SO far as I am advised, has
ever been served upon him, nor any
list of witnesses. nor any other act
done, of those which are required to
be done by the statute; it may be
true that, in this technical sense, he
is not now, and never has been,
amenable to your authority; but my
brother, Reed, stated that Mr.. Davis
was not claiming the benefit of any
of these wants of forms, but that, on
the contrary, he was here to express
from his own lips, speaking through
US, his ardent desire for an immediate
trial; and though it may be very hot
in Richmond, it is Infinitely worse
where he is; and so far as the conve-
nience of counsel is concerned, they
care nothing for that convenience,
impelled, as they are, by sense of
duty. From my own experience in
the city of Richmond, whose hospi-
tality I have enjoyed, certainly l
would be happy to remain here,
either through the heats of summer
or the frosts Of winter We can only
say that we are entirely ready. We
know that we cannot control the
action of the District Attorney. We
thank him for his polite response to
our questions, and of course we leave
this question for such action rs the
Government may hereafter think pro-
per to take.
Judge Underwood then said: It
only remains for the Court to saw
that the District Attorney has cor
rectly represented the views Of the
Government Oh this occasion. The
Chief Justice who is expected to pre-
side on the trial has named the first
Tuesday in October next as the time
that will be most convenient for him,
and the Attorney General has indi-
Gated that it would be utterly impos-
sible for him, under the pressure of
his many duties, now greatly increased
by the troubles on the Northern from
tier, on SO short q notice, to give that
attention to this great question which
its Importance demands. Under all
the circumstances, the Court is dis
posed to grant the motion of the
District Attorney, and think l may
say to counsel that Mr. Davis will, in
all probability, ut that rime, be
brought before the Court. unless his
case shall in the meantime be dis
posed of by the Government, which
is altogether possible. 1t is within
the power OF the President of the
United States to do what he pleases
in these matters, and I presume that
the counsel for Mr.. Davis would pro-
bably find it to the interest of their
client to make application directly to
the Government at Washington. But
thus Court would not feel justified in
denying at this time this application,
which is in fact the application both
of the Chief Justice and of the At
torney-
When the Court adjourns, it will
adjourn not until the next term,
which is in November, but until the
first Tuesday in October next. AS it
is supposed, from the array of coun-
sci on both sides that have been
named, it will be long trial, in
which great political and constitu-
tional questions are to be discussed
and settled, probably taking two
months, it would undoubtedly be
much more comfortable for counsel,
as well as for Mr.. Davis himself, to
have those months in the fall, rather
than in the summer, because it is
every way more comfortable in Rich
mond at that time than now.
/ think the counsel is mistaken in
supposing that Fortress Monroe is
not as comfortable place in summer
us Richmond. When / have been
there in summer [ have found the
sea breeZcs at Fortress Monroe very
refreshing.
Mr.. Brady. Bnt there is there
very limited society, Your Honor!
Laughter.
Judge Underwood continued: The
society is limited. However, the
Government is 1isnocaI +o n~tar1