The national Republican., 1867-11-27


last term Of the court, and the accused put
under recognirance for bis appearance at this
term, is now TO be brought TO your notice. I
observe the counsel Of Mr.. Davis in attendance,
and understand that the prisoner himself Is
obedient TO tho acquisitions Of the court at any
time. The intention Of the Government In 70.
gard TO that case Is to proceed with tho trial OF
Il at some time during the present term Of the
court, and tho considerations upon which the
| day would be fixed would be but two.fold but
| az To the readiness Of the Government In regard
10 the production Of their proofs and the atten.
dance Of witnesses, which, however, would not
require any considerable Postponement Of the
trial from the nearest day; bat thero Is another
consideration, and that is: at what time during
tho present term the public duties Of tho Chief
Justice Of tho United States Supreme Court
would permit Of his presence, with his honor,
the District Judge, at the trial In this circuit.
IL Is understood that his public duties at Wa'h'
ington during the session which Is to commence
on next Monday will preclude his attendance at
this trial, and the Government propose, there.
i fore to name q day which will be, In the eH.
pected order Of business Of the Supreme Court Of
the United States, after the adjournment Of that
court, and then to proceed with the trial. AZ
the counsel arc In attendance and the prisoner
is In attendance upon the orders Of the court 1t
Ia proper that they should both be relieved from
| any Unnecessary inconvenience, and that the
i counsel Of the Government hls) should under
stand what call will be made upon them for at
tendance here. propose, therefore, II your
| honor pleases, that some day, say the third
Wednesday Of March, should be assigned for the
| trial.n
| Judge Underwood. "Do understand that
that Is with the assent Of the counsel for the de-
| fence :"
| Mr.. Evarts. "I understand that they have
no objections 70 that course, but the counsel will
speak for themselves"
| Mr.. Charles o'Connor, Of New York, on bo.
half Of the counsel for Mr.. Davis, replied that
they were in attendance, and had no desire with
reference to tho ordinary progress Of business
except that It would be conducted in that man
ner most likely to be attended with the least
embarrassment and Inconvenience to the dc.
| fsndant and his numerous friends and 10 his
o.unsel. They felt themselves bound to render
such assistance as might be necessary in secur.
ing to him fair and full hearing Their per.
sonal wishes aud convenience would have been
greatly promoted by trial when Mr. Davis was
Arst brought before the court in May last, and
in a greater degree was II true that their per.
sonal wishes and convenience would be consulted
by proceeding at this time. He was spprehen.
sive that the term Of the Supreme Court might
continue beyond the time now indicated for this
trial, and that as 4 consequence It would be i'm.
practicable for the Chief Justice then to be
present here. 10 that contingency the defendant
and his counsel wOnld be subjected to a renewal
Of the inconvenience which they had been
obliged to suffer, and had suffered uncomplsin.
ingly, on two occasions. However, he found no
fault with the Government In its declination to
proceed in the absence Of the Chief Justice.
1t was undoubtedly desirable, in view Of oil
the interests involved, that two judges should
preside when tho case was heard. He would
have been pleased, as also his associates In this
doubtful state Of affairs, to have renewed the
rscognirance Of their client for an appearance In
} the month Of May, when the Chief Justice could
certainly attend, but not having any control oi
the matter, the defence had only to ask that a
, formal order be entered to the eToct that Mr..
Davis vas relieved from attendance, and had
leave to depart from the court until tho day
named.
Mr.. Eyarts remarked that II would be quite al
. inconvenient to the Government and its counsel
to be unable to proceed at the appointed day aI
II could be TO the prisoner and his advisers He
D suggested that by being able to form a timely
8 anticipation as to whether the day named would
be SUCH in view Of the actual course Of business
OF the Supreme Court, as to permit Of the attend
ancs Of the Chief Justice here. the danger of the
. result, which had been indicated, might b,
s guarded against. II fcircumstancos, then appear
. ing, should render 1t unsuitable for the Chief
Justice to be expected here in time to go on with
the trial 1t could very easily be arranged that the
attendance Of JEFF Davis at a still later day In
the present term should SO coincide with the com
0 meneemsnt Of the new term Of the court as no,
to make any practical difference, but he antici
0 pa ed that the Government would be able to pro
ceed and that the Chief Justice would be able tC
attend In time to dispose Of the ease at the pre-
, sent term Of the court. 1t would, moreover
probably better suit the convenience of all PARTED
!. to be present In the early fpring for somewhat
' prolonged period than during midsummer II fther,
, should be q Protractsd trial
0 Judge Underwood expressed entire acquies
y cencs in the arrangement proposed on the part o
Q the Government, as the presence Of the Chic
= Justice in the trial Of the cause was essentia
upon various grounds. He approved of the sug
? gestion Of counsel looking to an understanding
}. by which the attendance Of witnesses and coun
sci might not be required unless the trial was Il
. proceed on the day appointed. lie believed i
y to be due to the defendant that two judge
n should preside at the trial, as in that case tn
u = defendant would have the advantage Of appea
q q to the higher court in case of 4 disagreemen
|. between the judges upon any important ques
tion. The proposition made on the part Of tn
y Government, and assented to by the defendant
d counsel, was agreeable to tho court, aud tn
10 order proposed by defendants counsel would b
T. entered.
n Some further remarks were made by counss
10 regard to tho possible necessity Of the ronewa
o Of the leave Of absence given to Mr.. Davis, an
g his being held on his recognizance in the even
o Of the trial Of the cause being informally post
II pOned from the time fixed to a more distan
70 day.
l. Mr.. Evarts said that IT, for instance, on tn
u 10th Of March 1t should bo known that the su
preme Court would prolOng its session int
= April, then, II this court, on the motion Of tn
l. District Attorney, and with tho attendance 0
II Mr.. Davis counsel resident In Richmond Woul