The New York herald., 1867-04-19
THE ASSASSINATION OF PRESIDENT LINCOLN.

The Case Of Surrntt-Proceedings In tho
Washington Criminal Court-No Day Fixed
WASHINGTON, April IS, 1857
To-day in the Criminal Court Judge Fisher presiding
Mr. K T. Merrick moved the Court to nx day for the
trial Of John H. Surrat and suggested the 9th Of May
Mr.. MERRIcK reciied the circumstances Of Surratts
arrest in Alexandria, Egypt his transportation to this
country the time which had elapsed since the indct
ment and urged speedy trial. in order that the pri-
might be discharged, or guilty suffer the penalty
OF the law.
The DISTRICT ATTORNEY stated that the prisoner had
been treated with oil the kindness consistent with the
duty Of generous government anxious only TO vndi-
cate the majesty Of the law He did not think he wond
be ready for trial in two weeks, and suggested tho
second day OF the June term that s the nth day Of
June next
Mr. BRADLEY, sr, said the defence had made efforts
to be ready for speedy trial. He proposed eighteen
days from to day. which would give time secure wit
from foreign countries and remote sections of the
United States Tho indictment found the 4h Of
February, 1867, and there why the Dis.
trct Attorney should not have been ready Immediately
after the indictment Mr.. Bradley urged tho limited
Of the prisoner and the Inconvenience to which
the defence would necessarily be subjected by a con-
tinuance. He asked for the fixing of day.
The CoURT said the motion OF the District Attorney
amounted to a continuance.
this as in other Of murder TO all the
witnesses important to the case and IL might not be
convenient to have them in two weeks.
The CoURT-How will four weeks from to-day do 2
apprehend we will hardly get through before that time
Mr.. MERRICK said 1t not for the defence TO
into ready for trial. 1t tho duty OF tile gov.
ernmen to be ready and give the accused speedy trial.
We come into court and complain OF the delay attending
this From the time Of indictment submit that
the District Attorney had ample time to prepare for this
Mr.. Merrck coutended that the government was
bound to give reason for continuance. He asked f
there were any material witnesses In this in
foreign countries to be obtainedS He named the
werc in reach Of the court He would inquire
If there were any witnesses discovered, and sub
mted to the Court II, under these circumstances,
thcre any for the continuance OF this
II the District Attorney with all the facilities OF the
government could not be ready In fifteen days he never
would be ready.
The Ds1Rcr ATTORNEY then stated his propositions
Fyra-That It is the privilege Of the prosecuting off,
x day for the trial Of the case and the Court
has the prerogattve or dscbargng the prisoner his
recogpzanee II he find the prosecuting officer has
abused tno privilege and no would move the Clerk
enter tho docket the l7h or 18th Of June ~ the
day for trial. tafs W
Se,oad--If am wrong In this opinion although Il
the opinion Of Judge Crawford upon the statement
of the officer Of the government that he cannot
nx day far the trial, upon that statement you will
continue the case because the privilege OF speedy trial
is 10 be understood in qualified sense.
Third-I have not been remiss In the preparation Of
the case and not confined to witnesses the ndc
ment, and am bound 70 have every witness knowing
aught of this case TO testify in open court.
The JUD0E said he did dot think he could set day
in the Jane term he would mot preside ct that term
II he should grant she motion would be for contn-
usuce He would take the subject into consideration.