The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-05-28
THE CASE or JOHN H. SURRATT.
The Trial Of surratt. Implicated in the As
sassinaiion OF President Lincoln, Postponed
Till June 10.

sa-sinaiion OF President LINCOLN. Postponed
Till June 10.
WASHINGTON May ~, 1867
Tho trial Of John surratt indicted for murder and
for entering into conspiracy to murder the late Presi
dent Lincoln was fixed for to-day the Criminal Court
OF this District Judge Fisher presiding
The indictment against Surratt found February
1857 On February 10 bench warrant issued for
the arrest of the accused, and 1t returned "Cepi In
tal on February 2S. The prisoner arragned. and
pleaded not guilty. On April Is motion was made by
the defendant nx day for trial. and the day
the District Attorney made . motion for continuance
On April % the motion for q continuance was
overruled and on the same day the defend
ants counsel gave notice that they would be
ready TO proceed to trial May ~. The has
oi.ed interest than anything that has ranspired
since tho trial OF Henry wirz, and tho court
room was well filled with spectators before
ten O'Clock the time tor the assembling OF tho Court
o'clock precisely the court formally opened
by the orer.
The counsel for the prsoner-Messrs r. 7. Merrck
J. h. Bradley, ST., and J. H. Bradley, Jr.-were
present
few moments thereafter the counsel for the prose.
cuton-Mesra T. C. Darlington, District Attorney;
Nathaniel Wilson, Assistant District Attorney; A. G.
Riddle, and Edwards Pierrepont. Of New York. APP
peared and took their seata
T.
formally admitted and qualified member Of tho bar
OF this District
The names Of the jurors Of the regular panel we're
called and all excepting three TO their namss
Judge Fisher said this the day the trial Of
John II. Surratt, under indictment for MURDER and
no asked II the counsel were ready
The counsel for tho defence responded alrmatively
District Attorney Darlington said DO regretted exceed
ingly that upon consultation several difficulties pre-
sened in the way OF proceeding trial tho present
time In the first place, the probabilities that the
would run into the next term OF the court which
the third Monday OF June, and the quos.
ton suggested itself whether II the was proceeded
with and not concluded the court could pro-
coed with and continue the trial at the succeeding term
The present jury panel out with this term
would be work Of appropriation to 60 on now,
n at the next term the would have to be
menced de Mr.. Darlington then referred to
the organizing this court showing that the terms
for the Criminal Court were fixed for the first Mon
day in March, third Monday In Juno and Grst
Monday in December, with special terms intervening
whom business requires it. will BIO seen therefore,
that new term commences in June. and then there
will be set OF grand and petit jurors This is ono
objection but there is another and very serious oue
AS this day fixed for the trial the prose-
outing counsel used all diligence to get Witnesses here
but have failed to the attendance many OF
most important Of them Those witnesses may possibly
appear at any day New testimony and facts have
also been recently discovered New developments have
also been made, and in case Of this importance tho
prosecution would not like 70 90 70 trial unless perfectly
ready and prepared. @s3's
Judge Fisher asked II there not statute dsposing
OF Mr. Carrngton's first objection
Mr. Merrick replied that there was. and Il was dts
tnctly stated that pending at the coss Of
could 60 over and be continued
Mr. Bradley asked and tho Court directed that the
be brought Into court before the argument
Al quarter OF eoven O'CLOCK the prisoner brought
into court and seated in the prisoners box, hut
subsequently, assigned . seat beside his counsel.
ct tho jail this morning by his brother from Texas Isaac
surra and sister, The prisoner shaved himself day,
III excsp. bis goatec and musache for the nrst time
snce be has been incsrceted He not In good health
and has for some time been obliged 70 partaks Of wine
After the prisoner had boon scaled Mr. Merr,ck said
hs understood the District Attorney submitted motion
for the continuance OF tho cause.
he simply stated that no was not ready to proceed
trial account Of the difficulties that had been sug.
prisoner II the District Attorney has boon abusing tho
power vested in him. or to grant continuance upon the
prosecuting officers statement.
Mr.. Merrtck said, then there was no motion ss ali
before the Court.
After pause, Mr. Carrington said simply rose to
say that he was no. ready to proceed trial for
reasons stated
Judge Fisher said the regular order OF business was
TO proceed With the trial or make motion TO dispose OF
the case in some way or other. II no motion 10 made
the trial must be proceeded with.
Mr. Bradley said tho defence ready and could
proceed NJ any time
Mr. Pierrspont said he did not fully undersand the
mode OF proceeding in this court Az he Understood
the the prosecution not ready to proceed to
day because the witnesses were not all here He
dtd not know the practice here. whether any technical
would have to be submitted by District A.tor.
ney whether his asking for posiponement upon the
the Same end The names Of certain wisne@ss
had been presented and they not now
here These witnesses had testified 70 certain facts in
gfiruou Il
the success Of the prosecution These witnesses
have been sent for % New York Maryland Dstro
yea been found The in California actor and his
evidence u very material, and he (ir. Piereponu
without the witnesses referred II there statute
enabling the Court continue the from ono term
20 the other then that objection OF the prosecuting
toroey disposed or Bat II there Is such q statute
then II would DO III advised to go occurred
In New York. In which he mr. Pferrepont ono Of
the counsel cause not having been completed ia
the term 81 tho Court which 10 commenced IL ended
with the TERM BIT the other point made depends upon
the diligence used to secure the attendance OF the wit
nesses Officers arc now out after the very witnesses
referred to. II motion for pcs,ponemcnt Is tho
considered that the OF District Attorney
that be could not safely proceed 10 trial all tina.
Mr. Merrck said that when case was set Tor q hear
ing on certain day he knew Of manner which IL
could DO disposed OF In any other way than BY trial.
Dept upon motion duly submitted. A suggestion
made may be in the nature Of motion, but there
either be absolute motion q motion founded upon
suggestion order 70 give the court and the counsel
some idea upon which the motion for the disposal OF
the based The counsel for the prosecution can
not enjoy The privilege Of coming into upon
mere suggestion and ask continuance upon a mere
speculation OF what they expect 10 prove ultimately
They must deal fairy with the with counsel
aud must definitely state their demand for postpone
meni or continuance. The suggestion Of the
District Attorney In the first instance ind Gated q
continuance the ground OF the objection that there
not sufficient time 70 complete the trial at this
OF tho court, the commencement Of the next term
would find them In the midst Of the trial and thus pro-
duoe msrlai and all the labor would have TO b again
gone over. Ii that Is the real motive, then motion
for continuance would meet the point Bus that
Is obviated BY the statute Of February 10, 1851 which
provides that n ut any term Of the Circuit criminal
Couft OF the District Of Columbia any shall be
trial. and shall happen that ~ tho Close Of the term
verdict shall have been found jury shall
have been discharged tho Court may and shall proceed
with the trial In the same manner rs though the new
term o. the had not commenced and proceedings
shall be continued until the shall been term
mated The act Of March s. 1885, cryan'sng the present