Western Reserve chronicle. [volume] (Warren, Ohio) 1855-1921, 1867-12-04
Ien Davis, trial.

R1cHsoNp. November 26.-Jrdge
Chase did not arrive here this morning.
The court room was densely crowded,
andin the park outside there was ade-
tschment of cavalry.
The Grand Jury was brought in, and
all the counsel of Mr.. Davis were pres
ent except James T. Brady, of New
York, and William B. Reed, OF Phila-
delphis.
Judge Underwood took his seat on
the bench at halflpsst eleven O'Clock,
and the Grand Jurors were then sworn
in.
In his charge to the jury, Judge I'm
derwood regretted the absence of Chief
Justice Chase, and cautioned the Jury
that no party or class of prejudices
should influence their deliberations
The offence connected with the rebel
lion, he stated, should have their first
attention. If it should be brought to
their attention that any n had COM
mitted treason he must be indicted I'M
less he has been specially pardoned
by the President or blythe general I'M
pestv proclamation. He then recited
the law and penalties for treason. He
said r:olstions of the revenue hws
should next claim their attention, and
they should be unsparing IN the cases
of public officers engaged in such viola
tions, if any such should be found.
Judge U~nderwood's arrangement,
proposed by the government, was
agreeable to the Court. and particularly
because the court earnestly desired that
| Chief Justice should sit upon the trial.
1t was also due to the defense that two
! Judges should sit on his case in order
that an appeal might be taken on the
1 disputed question and the case carried
up by the defendant toa higher court.
The Judge then agreed to fix the Goth
day of March as the day for the trial.
An application was made by Mr.. 0'Con-
or that the bail bond of Mr.. Davis be
extended until the time fixed for the
trial to proceed. 1t was agreed to by
Judge Underwood. and il was further
agreed that if Chief Justice Chase
could not then be present to preside
oTer the Court, that the leave of Mr..
Davis be extended to the term follow
ing. The order for the extension of
the leave of absence of Mr.. Davis and
fixing the 25th of March next as the
day for his trial. was then entered by
order of Judge Underwood. Davis did
not appear in the court, .noF did the
witnesses for the Government.
Three witnesses who came into court,
~ex-Secretary Seldom, Ex-Governor
Letcher and General Wickham, were
held in recognizances to appear in
March shortly after noon.
Mr.. Eyarts, for the Government, said
the intention of the Government was
to try the case Of Mr.. Davis some day
this term. the one consideration in fix
ing the day being the time when Judge
Chase could attend here, and the Gov
eminent proposed to name a dag after
the adjournment of the Supreme Court
for this trial, when he could sit with
Judge Underwood.
Mr.. Eyarts suggested that the fourth
wednesday in March be fixed on as
the day for the trial to proceed.
Mr.. 0'Conor said that tine personal
convenience of Mr.. Davis would have
been promoted if the trial had taken
place in May last; and it would be
very convenient to Mr.. Davis to have
the trial proceed, his counsel would,
however, agree to the proposition of
Mr.. Evarts. They thought the presence
of Chief Justice Chase would be benei-
cial, not only to the interests Of the sc-
c1sed but to the interest of all.