The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1867-11-27

not only provides for the punishment OF acts
which do not fall within the consti tuttonai
OF treason, but OF the other ncLs'l
par ticulirly that Of engaging in the existing
which Is nnlu ionably WITHIN thal
definition.
Thisis not the occasion for giving deflnitive |
cons Lruction Of the act.
1t will be your duty, gentlemen, snoulu 1ue
evidence laid before you require indictments
under il. to state the offence distinctly as COM
mitted before or after the act OF the lIth utS
1SG2 and II committed after, describe Tue
facts rs constituting either treason Ill genera
or one or more of the offences described by the
said acts, whether treason or Of inferior crimi-
nality. ,,
Your attention is also called TO the VIOLA
tions of the internal revenue laws py Ilunu-
facturers and dealers in whiskey and tobacco.
Congress has imposed high taxes on tnese
articles of luxury in order TO spare the heces-
sarics of life and the poorer classes from taH'''
ton. ,,,. % coo
,h,, the beneficent purposes Of Congress III
this behalf shall be executed, and TO preseht
10 the court all the violations OF the reVehue
laws which shall be proved by competeni W. W.,
nesses and we are sorry TO be informed tihs
YOU will probably find THIS poltioh - So"1
duty quite laborious. 81
You ought especially 10 be unspaIins VI
wards public officers who shall be implicated
in consriracies or attempts 10 aell"u" "
treasury and tax payers OF the ma ZION. 49,;
CounterfeiLing or passing counterfeit con.
or currency Of the United States, IS ahothei
preya!eut crime, TO which we can oul ~
ton. AS we'll rs holding snch coin or cuiieno'
with the intention OF putting II III eitoA
ton. -, tonrar;ng
with the mails robbnS or opening leste ~
The possessioa of poStmaSterS or "a NO.. 49, -,
riers are crimes of Il high grace, "e " go
y,d. our public, private, domesllc, a'i. ~;
ness interests, and deserve severe puiiien-
ment. &c f,orgross called
Tho ciy vii rights bill and PERFUMES, anu otiIei
violations of the reconstruction iawS n,6nnd
baby be brought before Jou' "'i>' "
We do not think it important, Gentlemen, 10
oo Mt present into any greater detal' ~
will have the assistance OF the Dist ~ ,,,.ar 10
nev in YOUR room, and the benefit OF poGeI ~
rompel the attendance OF witnesses. - ~
also be the duty of the court from tiihe W
time 10 give YOU farther instructions upou
such questions connected win LIE iiei ~ H. 10
ance OF your duties Us Jou 14''J ~
bring TO our nollce. ;,,,s+o,oos
You act, gentlemen, under clrcu1ls Ihhces
which direct much public attention 10 you.
We earnestly hope ana coinuem.y nj en-
your action will be so fair, SO just, ana 50
malicious, rs to draw upon you no oIhet 'n'n
favorable judgment.
WITNESSES FOR THE GOVERNMENT CALLED
After the reading of the charge the gTaho
Jury retired, and the Clerk called lie loiiom
inu witnesses who had acknowledged SCI
Of subpnnas Robert L. Lee, James a Seu-
don. Williams c. Wickham, John LetcheT'
Lewis d. Crenshaw, w. w. Crump, James ~ II;
Grant, j. ). Calvert, William SmlIn' III"
Gustavus a. Myers - C.or,,
Mr. Chandler said that he had seen Generll
I,ae who was in the city, and that the Gene
raj had stated that he would be ready 10 III
tend upon the grand jury 1T any moment;
Elk Governor Letcher, eX-Secretary Scddom'
and General Wicliham, answering 10 inc CHI
said that he would prefer that they should be
sworn by the foreman OF the grand Jqry ns
provided by an act of Congress passed. III io o.
The court said it was usual TO adNihister
the oath in open court, but IL silo"iu NC ''S '''
District Attorney preferred ;,
The witnesses were then carried to the jury
room, in the third story of the building.
THE PETIT JURY.
G.nero1 Wells associate of Mr.. Chandler,
in reply 10 n question of the court, said that
the attendance of the large number OF Fehlre-
men WAS for the present unnecessary, as Il
certain case might be called, IN which Tue
argument of legal questions might occupy Il
day or TWO. 49,, "a
The ycniremen were then called, ana al
iourned over until this morning ut IL O. CLOCK
THE UNITED STATES rs. DAVIS.
The JvpGE said that the court would no"
hear any motion of counsel. c,ert
Mr.. EvAKrs, on behalf of the Governm en-
said II the court please, in the case OF w..
United States as. Davis, called 1T the last Ter VI
of The court and the accused put under recoS-
nizancp | observe that the counsel are II.
court and observe that the prisoner hilnscii
is obedient to the acquisitions OF the co'i'.
1t is the intention OF the NofeLnii1n.
proceed with this case 1T some tline uhilnS
Tho term There are Int two considerations
which influence MS in The appointment ol NV
day. First, as to the readiness Oh thc Coy u
1nent and the attendance or witnesses. ~
renler = nos tponemeut necessary But thcTc
* another, in respect 20 the time III Whlch thc
Chief Justice Of the United States couid pre-
side with your Honor who Is now on Tue
bench. Its understood thai his duties ut the
supreme Court, which commences lis sessions
in The city of Washington on MONDAY heXt'
will prevent his attendance at present. we
propose, therefore, to appoint day When tue
Chief Jus lice Will be able 10 preside. Nl.n
dis view, l would suggest that the fourth
Wednesday in March be designated for the
trial of Mr.. Davis.
CHARLES O'CoSoR, Esq, replied 10 the
suggest ion OF Mr.. Ev;rts. He sad we are
in attendance under the orders OF the court,
and have no desire except that business nc
conducted with the least inconvenience 10 the
defendant, his counsel and his friends Our
DrrSonal wishes and convenience would nave
hren greatly consulted had the court pro-
cceded TO trial in May last. | may add tnaI
they would also be consulted, ana perhaps ia
n higher degree, if it could go Oh 1T TINS tipe.
However
stances mentioned by the learned counsel the
ONLY objection is that the same reason LOT
postponcment may exist next March we aIe
not sure that the business OF the supreme
Court will not require 4 long session, ana th;tt
ut the time designated by the counsel, the
Chief Justice will still be unable 10 make ms
appearance in Richmond. In this case OF
course we would be subjected TO much LABOR
and expenditure, only to repeat The same
process.
We would not Re understood however, as
finding fault with the declinaturc OF the
Government TO proceed III the absence OF Inc
Chief Justice. II Is certainly dcSirloie, MOI
only TO our own, but TO VIE general interests
of the public, that there should be two Judges
presiding. when the case is heard. lnilu-
enccd by this consideration, we withhold
all objections TO The failure to proceed AT
this time for we do not deny that the higher
DUTY as he may consider it, OF the CHIEF } us
tce may require his attendance at the Supreme
Court. Oar only apprehension Is, rs before
stated, that he will be unable TO proceed 1T the
time designated, which would necessltate an
other postponement.
However, we are not masters of the Situa-
ton, but stand to answer the indictment AZ
ANY time. If the Government Is determined
TO make the experiment of setting the case Tor
trial on an anticipated capacity 10 bring 1t on,
opposition would probably be unavaIlns; Tor
your Honor would scarcel J feel at liberty 10
decline the proposal of the counsel
l would say that it would probably be more
satisfactory 10 lis and our client, although we
have not been afforded an opportunity Tor
consultation, 10 renew the recoSniZance unll
the May term, when the Chief Justice can
ce tainly attend We only ask, however, that
a formal order be issued relieving him from
further attendance until the day the court
may please 10 name
Mr. EvARTs To guard against The danger or
further Inconvenience 10 the defendant for the
reason now assigned, let il now be underS TODD
that if circumstanc should indicate before
the appointed day that the Government will
be unable to proceed, the counsel for The de
PENDANT shall he informed thereof. ;tntlcl-
MAZE though that the Government Will be
! -. :-c I.... .,..;ll ..i md