The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1867-05-22

whole estates. He made these remarks
that, until such time as the court may fix
for the trial, the prisoner might not be
confined, and possibly anticipate the worse
sentence by death. At the same time he
did not think the court should demand
exorbitant BAIL AS the case would have
to lie over the whole summer, he would
move that the prisoner be admitted to
bail.
Mr.. O'Connor said he had spoken of the
pains Of imprisonment. All kinds OF i'm
/ prisonment, however mitigated, must be
a great oppression to trec-born Amesi-
can. His Imprisonment under General
Burton, tried and gallant soldier had
been as light as was consistent with the
loss OF liberty Butlie must not,
in staying this, be understood to make
any charges or complaints against the
predecessor of General Burton.
Judge Underwood said he would like
to hear from prosecuting attorneys.
Mr.. Evarts said that hitherto Mr.. Davis
had been in military custody and ON mill
tary responsibility. He was now in the
custody Of the court, and thequestion was
whether he would be admitted to ball.
and, if so, with what form OF security and
in what amount. The Indictment was
under the act cf 1862, which made it
possible for the court to inhict for treason
II less penalty than death. The court de-
claring itself unpreparcd to go into trial,
made the application for bail proper. 1t
remained for his Honor to decide whether
in view of the gravity Of the case anu the
perfect security OF the accused, it would
be proper to admit him to bail. Ii his
Honor decided to allow bail, the amount
should neither be cxtravagant nor too
low, but simply reasonable.
Mr.. Chandler District Attorney, said
the question Of the amount did not prop
erly arise until it had been decided that
the prisoner was to be bailed But lis he
presumed there would be no objection, he
would state what he considered would be
the proper amount OF bail, and he would
state it the more freely as there had been
d conference between the counsel for the
prisoner and the prosecution Oh the sub
iccL. There would be no difficulty us to
the amount. He WAS sure Mr.. Davis
could as easily give bail IN $4,000, lis in
$4,000. Something had been said about
gentlemen from different parts OF The
country as sureties. Hc felt it his duty
to ask that Il certain number of the snre-
ties should be residents of this District
He did this in order that embarrassment
might be avoided. Against noIl-residents
the court could only rccovcrforieited bail
by suit.
Mr.. O'Connor said if the court desires it
he could give residents, and those gentle
men who joined in the bond and were not
residents were persons that were never
sued for anything. One plan, if satistac.
tory to the court, is to give Mr.. Davis
bond in 100000, with these gentlemen
as his sureties.
Judge Underwood said:
The court has no doubt that the offence
charged in the indictment is balable. 1t
is a most remarkable fact that, in the
midst of the late gigantic civil war. the
Congress OF the United States reduced
the punishment of treason, IN the discrc-
ton of the court, from death to fine and
imprisonment fact very significant Of
the clemency, moderation and magma
ninity Of the Government, and settling
all doubt as to this case being bailable.
The sum of 100000, which seems to be
agreed upon by both sides, is entirely sat
isiactory to the court. Nor Gun there be
any objection to the proposition that a
portion of the ten sureties be from this
district-a portion from the other States
OF the Union. 1t will be enough if four
or five Of the gentlemen are from Yir-
ginia; the rest may be from other States.
As to the long Imprisonment of the de-
fendant by the military authority, it was
rendered necessary by the turbulence ofthe
times. The natural result OF such Il civil
war was u social condition of violence.
The strong passions and strong prejudi-
ces, the threats and conspiracies which
had shaken the country, could not be ex-
pected to cease in q shorter time.
These causes prevented the sitting Of
this court ut the time OF it's last regular
term. But, fortunately. q great and radi-
cal change in the aspect OF society has
occurred, and we may now reasonably
hope for the speedy restoration Of tic
public tranquility.
The defendant came into the custody
of the law only at this time, and | feel it
due to the district attorney to say that,
so far as he is concerned, if he alone had
the management, the case might have
been decided at the present term. But
the Government, no doubt tor wcighty
and sufficient reasons: has decided not to
proceed, and asks tor further time s,
This is not desired by the defendant,
who, on the contrary, has long demanded
Il trial Under these circumstances the
motion for bail seems entirely reasonable.
1t is proper to state thata letter from
tho Chief usticc states that the Supreme
Court will probably adjourn about the
2llth instnnt. and intimuteS his purpOSe OF