Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1866-06-14

thy and firm support of all the law not excepting the
but whom they will probably curse as heartily as
they did two years ago But gentlemen glad call
ndication well that of the country into your own
hands In 1881, Congress enacted, you will find on
vng the 4'h volume OF the statutes at LARGE the
SEC. q And be further enated that any person
persons shall corrupy by threats force endeavor
to influence, ntmidate impede any juror witness
officer Court of the United States the discharge
struct OF impede endeavor to obstruct or impede the
due administration of justice therein, every person pei
sons so offending shall be liable to prosecution by indie
ment, and shall conviction therefor be punished by
fine not exceeding $780, by imprisonment not exceeding
three MONTHS both according to the nature and aggra
vaton of the offence. Approved March 2, 1881"
You will thus have in your power to exercise whole
press, which, blind leader of the blind has been
still of the chief of past present and
| prospective calamity and misfortune
The MURDERS duels, assassnatons, violent and ungov
erned passions ending IN selfconag and selfim-
notation, unparalleled any heather country, the pov
erty suffering, agony and degradation which have given
this city of almost unequaed natural capabilities its emil
nence the legitimate fruit of the teachings of its pub
lie press and anything yon can be able to contribute to-
eeabe to the of the oountry and of
But gentlemen let act with moderation and dscrim
calamties free and vrtuous press is of the
greatest public blessings the greatest ornament and sup
THE CASE OF MIR. DAVIS.
The jury having RETIRED VIM. B. Reed, Esq, of
Philadelphia, one of the counsel of Ex-President
Davis, addressed the Court follows:
May it please your Honor, beg leave to present
myself, in conjunction with my colleagues, the
counsel of Jefferson Davis, prisoner of State
at Fortress Monroe, and under Indictment for high
| treason in your Honor's court We find in the
| records of your Honor's court, Indictment
| charging Mr.. Davis with this high offence and
| it has seemed to due to the of JUS
tice, due to the feeling of one sort or anoth-
er, which may be described chrystal-
izing around the unfortunate man, that
we should come at the very earliest day to this
| tribunal, and ask your Honor, or more properly
the gentleman who represents the United States,
| the simple question, what is proposed to be done
| with this Indictment is 1t to be tried Is it
and this is question which, perhaps, have no
right to ask-to be withdrawn. Or is it to be sus-
pended? If it is to be tried, may it please your
| Honor speaking for my colleagues and myself and
for the absent Client say with earnestness, that
come here prepared instantly to try that cause
! and we shall ask delay at your HonOrs hands
further than is necessary to bring the prisoner to
face the Court and to enable him, under the stat
ute in such case made and provided, to examine
| the bill of Indictment against him. Is it to be
withdrawn If SO, justice and humanity seem to
us to prompt that we should know it. Is it to be
uspended-postponed? If So may it please the
Court with all respect to your Honor and the gen
| tleman who conducts the public business here,
| most earnest protest
We ask a speedy trial on any charge that may
be brought against Mr.. Davis here or in any other
| 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
Constitution of the United States guarantees to him
not only an impartial trial, (which am sure he
will haye) 'but a speedy trial - and we have
come slight distance we have come In all SIN
ceritv; we have come with all respect to your Hon
or we have come with strong sympathles with our
client professional and personal; we have come
here simply to ask that question: address it to
the District Attorney, or to your Honor, may be
more appropriate What disposition is proposed
to be made with the bill of Indictment against
Jefferson Davis pending, for high treason :?
Mr. Hennessy Assist District Attorney, replied
that Mr. Chandler the District Attorney, had not
arrived, but was expected that night. He would
telegraph Immediately to Mr. Chandler, and If
that gentleman failed to answer him, to arrive,
he would promise positive answer tomorrow
Wednesday,
Mr. Reed answered that this would be satsfac
tory, and the matter rested here.
APPLICATION To RESUME PRACTICE-THE TEST OATH.
John Fl. Gilmer, ST., Esq, called the attention
of the Court to argument which he had sub
mitted at the last term, support of his appllca
ton to resume practice at the bar Of this Court
He stated that he practitioner of the Court
five years ago ; that he had done nothing to for
felt his right to re-enter it, and asked the Court
to decide whether he was now properly within or
without the bar.
The Judge declined deciding the question, but
remarked that he knew it contemplated by
some of the most extreme Radicals IN Congress to
repeal the disqualifying act of January -S64, and
| before Congress adjourned. Its repeal had been
! strongly urged upon Congress by majority OF
| the Supreme Court. lnasmuch as this question
had been very ably argued during the past winter,
and re-argued before the United States Supreme
Court, he felt great delicacy in undertaking to go
farther than to simply acquiesce in whatever course
the gentlemen of the bar were disposed to take
| There would be no departure from the usual
course, the part of this Court, unless an objec
| ton should be made, but he hoped no objection
would be made at this time believing that the act
would soon be repealed
! The Court adjourned before the return of the
Grand jury.
SECOND DAYS PROCEEDINGS.
| The Richmond papers represent the throng IN
| the Court Room of the United States District
Court, on the second day of the term (the 9TH
| inst J as very large. Several of the prominent
members of the pulpit and bar were present. Mr..
| Davis's counsel were all present except Mr.. OCon-
ner, who was still in Washington City, looking to
| the interests of his distinguished client.
About II o'clock Judge Underwood opened the
Court, and sgnted he was ready to hear the re-
ply of the District Attorney to the question Wheth
er Jefferson Davis is to be tried, and if so when?
Mr.. Hennessey arose and, reading from the
MS addressed the Court as follows:
MAY it please your Honor, yesterday Mr. w. B. Read
one Of the counsel for Jefferson Davis propounded GER
tain questions the Court and to which, In the ab
Cf Mr. Chandler at that time declined to answer
Mr. Chandler is still absentbelng regret TO say, en-
tirey prostrated by recent severe domestic calamity
aud, promised, to-day proceed to reply TO the ques-
tiOns of the learned gentleman
That gentleman correctly says that an tlctment mas
found this Court against his client Mr. Davis and
asks Is it to be tried? is it to be drOppe is 1t TO
be suspended? far instructed, believe it is
to be tried but will not be possible to do at present.
= o. TIl.