The national Republican., 1867-04-19

MofroS 70 FIX ADAY roR ruE TRist Or
/ Jonr II. SuRnAIf.--rn the Criminal Court yes.
terday morning, Justice Fisher presiding, lust
before the resuming Of the cieaver murder case,
.. II. Bradley, ST., J III. bradley, Jr., aud
Richard II. Msrriok, couns.l for John II sar.
rstt. presented Themselves before the Judge and
moved the court that the United States Re re-.
quired 10 1I day during the present term Of
the court for the trial Of their client, John II
sunatt. Indicted for q conspiracy 10 assassinate
Mr.. Lincoln. He (surrstt) was indicted on the
4th Of February, was arrslsnsd 10 court the asa
day q the same month, and ever since he had
elapsed for the District Attorney to have all the
witnesses present, and Tor being fully prepared
to proceed with the trial at an early day. He
did not wish TO pres the case on the doyern.
mspt, but be was particularly anxious for dssle.
mating day wherein the TRIAL might be pro.
District Attorney carrinston replied by re-
citing the charge with which surratt stood in.
diotsd, the circumstances OF his escape and sub.
| sequent arrest and removal 10 this country
| Since his commitment TO the custody Of Mr..
Warden Brown he had been most kindly treated,
90 much 90 that the warden was accused Of be.
ing partial to his prisonsr. He acknowledged
the right Of the prisoner 10 q speedy trial but
he was not fully prepared TO 90 into the trial Of
such an important case at as carly day ss that
| requested by the counsel for the defense He
had used his utmost endeavors to bring about a
speedy trial, but he could not possibly In justice
to the Government, 60 into . trial before the
| second day OF the June torn.
Mr.. J. II. Bradley, sr., argued that the Gov.
ernment should have made ali diigent prepara-
tion for the trial that was desirable. The coun-
| sci for the defence bad ever been ready. His
means were limited, and demands were being
made daily on his meagro and soanty resources.
They will embrace very nearly and cover the
same latitude as gone over In the conspiracy
trial IL the defence Is ready, certainly the
Goysrnmsnt has no excuse, aud the motion
months delay, be reasonable nor Just. Tho mo.
tion Of the District Attorney Is for continuance
No cause for such motion, which Is clearly 70
| quired, Is shown. Ifthere was evidence TO end
| an Indictment, there must bs evidence necessary
to 60 eu with the caso. In June they would be
in the midst Of severe labors In the Circuit Court
They might, and probably would not be able TO
attend. Justice TO tho line and strength Of the
| defence requires long and arduous study The
case could not be taken up readily BY other
lawyers.
The Court iniuatcd to the United States Dis.
trict Att rney that the motion was simply one for
q continuance.
Tho District Attorney was aware that It was;
that the case was one OF unusual Importance, and
he was not willing for various reasons, to acqui.
esce In tho desires Of the counsel for the defence
II might be necessary to bring witnesses from
Europe and otLer foreign countries. lie sifirmed
that he had been actively engaged IN making all
preparation possible to proceed with the trial at
an early day, still he demanded and required
more time TO examine perhaps, depositions
Mr. Bradley intimated TO the District Attor.
ney that dcpostions could not be taken within
ave day., notice and the filing Of intsrrosatories
In court.
Mr.. Merrick recited the assertion Of the Dis.
trct Attorney that to-day was the first time ho
bad been asked to fix day for tho trial by the
defence. lie must recoliect frequent eonversa.
tions on this subject, and that while be has not
been asked to agree on day, II has been under.
stood that the trial would take place this term.
II was not for them TO pres, the Government.
Longer delay was unjust, and would be 4 good
cause for complaint.
They were ready and fully prepared to 60 into
trial now, but were particularly anxious, In view
Of the matter, not to postpone or delay It longer
than the 9th proximo. The Executive Depart.
ment Of the Government had used all diligence
and means within Its power to bring all testi.
mony from the uttermost ends Of the earth bear.
ing on the case to place II within their reach
and make 1t available to the prosecution. That
witnesses had been brought from Canada; that
a man had been osclllating between France, Eng.
land, Italy, America, and Europe generally,
-ummoning and hunting up evidence against the
prisoner, at the instigation Of tho State Depart.
nent, and the Executive Department had done
everything possible to place within the posses
sion Of the prosecution evidence to proceed with
a speedy trial. That the prisoner had been In.
dictsd on the 4th Of February last, and was ar.
rnigned on the 23d Of the same month. lie had
ondsavored TO attain some definite day to 70
,nto trial. He has had the fullest opportunity
for preparation, and in addition every aid possi.
BILE from the Government. Mr. N. had the cor.
respondenco Of the Secretary Of State with our
Minister at Rome; with our Consuls at Montreal
and at Liverpool. Our Minister at Rome in
forms the Secretary Of State that ST. Marie Is
the only witness in Italy
Our Consul at Montreal states that DR.. Lewis
J. Mcmillan, who was hero at the time the in.
distment was found, is the only important wit
ness he Is aware Of, aud our Consul at Liverpool
does not mention any one. st. Marie has been
brought on, and turned over to the Government
He says there may be others In Europe who will
be wanted but are there That Is the question,
and II so the telegraph can be brought into ro.
QUESTION. The other witnesses, as appears from
the indictment, arc Surgeon General Barnes,
who Is here Lewis J. Weiohman, who is here or
| In PHILADELPHIA David R.ed, who resides In this
city and DR.. L J. Mcmillan. who can be had
| at any time. These are oil whose names appear.
From the official report Of the conspiracy trial II
will be seen that matteISRIe involved which will,
In this case, be again pired into matters in
vestgated to even an eItia Judicial extent Being
so fully advised, he must give reason. lie has
had ample time. He says he Is not bound to hle
an affidavit Perhaps not, but he Is bound to
give q reason, and such a one as commends itself
to the judgment Of the court.
United States District Attorney Darlington
argued that II rested entirely with the prosecut-
ing attorney as to the proper time he should 60
into trial It rested with the attorney, not with
the court, as to when he should 60 into q trial,
and not TO be inimicable to the interest Of the
Govern ent unless the Court thought or had
good reasons to believe some great injustice
would result from imprisonment
lie said that he had not had conversation with
with tho prisoners counsel as to the time TO go
into trial, as had been customary in such cases
Tho prosecution was for fixing the day In June,
but he could not tx any particular day In the
premises, He had made diligent preparations
for q speedy trial. both for the interest Of tho
Government and that Of the prisoner. He, as
prosecuting attorney, might have to summon |
probably hfty witnessosi was 1t giving him sut' |
oient time for this purpose.
Ifhe wero to ask for three months instead OF |
one he thought 1t would not be too much and as
this was the first ntimation he had received from
the defence for fixing precise day, he thought |
II nothing but right and fair to grant the time |
asked for, especially as there were so many cases
now under his charge, and which he was com. |
mitted and compelled to proceed with. He had |
no personal feelings In the matter, but was for /
giving what the law and the Constitution de.
manded-a speedy trial, without any unneces.
sary delay but. In view Of the case before him,
and the knowledge of 1t sworn to under oath, he