The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-11-27

the fall term Of tho United States Circuit Court corr
msncsd this morning q eleven o'clock. Judge Under
wood presiding.
Much Interest was maaifestsd in the opening pro-
ossdnss OF the Court svncsd BY the large asssm-
blags Of members Of the bar AMI citizens generally
among others Governor Plsrspont, Hon. J. 3. Psndls-
ton. and sxConfsdsrats Secretary Of War Ssddss, who
wa summoned - witness In consequences Of sAs
nonarrvai Of Chef Justice Chsss. who was szpsctsd
70 prssde much speculation Indulged IN concerning
che probabilities Of trial q Jenssssn Davis he In
dictment now pending
Al eleven O'Clock the Grand Jursu for the term,
number Of whom ooorsd men,. entered the Cosrs
when shs Court was opened and the usual formaliiss
proceeded with.
Jury District Attorney Chandler assr consuisstioss
with his assoclatss made motion that rAe Clerk ofths
Court DO directed v administer 10 each Of the Grad
act Of Congress Of juno il. 1854 the man rssaiss-
msnss Of ~ section that urymen and Others san
nay b. required. :. lie d,sors.ios Of sSs
Court, J.. 70 s.ke - oaih that they hsvs
asainst the Uned States o. gwen AID or consst or
sstancs In money any other thing any other per-
see whom they know. o. had good ground scbsisvs,
arms he ss:ousn Of the Laws Il the Unsd 81. - 40
had not counsssd or advised any snch remittance b.
sdnonisnsd - the cours thai sney had any
scisDAoss scruples hey shoudsaaks known the fass
ward "a sooE The 80 ossa Il wss1so sdmnsssrsd .
Ill the remaining jur0E
Judge Undsruood tbsn datvsrsd.ths usual charge =
the jusy, IN which, asr referring generally 70, The
duties which would dsvove upon them, he called asteu-
ton 70 me legislation Of Congress for the punshmcns Of
upon eonvsct.sn O. trsassn the ossdsss should susf
death. The oct Of July H. 1852 contained three
ishm:nt d 1sason il esnsra While .Ss second section
not only provided for punshment Of acts which dd
not a wthin The constitutional dsnnalion Of reasoa
n Of a n n
then rebellion The third section disqualified the offend
Or. from holding any Office under Tue United staisa
coming befors thsm, should the evidence ~
quirs ind,clnsst. under - 70 state The enssoe
tho Of July, 1853 and " committed Mtss IL pas
sage describe me facts treason
ss,d acs whether treason Or o. aisriar osnissisy
Upon the suggestion Of the District Astssasy the
names Of number e stnsssss .ne nss been , sse.
among whom General r +. Leo and = number Il
prominent oc.ls. under the late Conredsrss govern
ment Only three or the Witnessed. ex-G0vernog
Letcher ex-Sscrelary OF War, Sedden and General VIII
liam Q. Wicknam, answered 70 the call
the District Attorney explained that General Lee was
In attendance but present IN in consequence
or having 70 attend 10 some matters 81 business-
Judge Understood having indicated desire 70 hsas
from the gentlemen Of the bar any motion theY migbs
have TO make, Mr.. W. Evars. OF New York. on behalf
Of the government, then ssid:-if the court pleasa
the case OF the United Statss against Jefferson Davis
whicn called at the last term Of the court. whea
the accused was put under rscosn,zance' for nh
Honos ra's noos observe Ss couss
Of Mr. DAVIS IN attendance; ana understand that ne
snS ms Tue intention Of Toe government in regard
that Is TO proceed with The trial OF - Some
time during the present term Of the court ana the con
but twofod First ~ to tue readiness Of the govern
n regard 20 the production Of their proofs and the
attendance OF witnesses which, however, would not ~
Quire any considerable posp0nement OF the trial from
the present DAY. But there another consdeEssioa
public duties Of the Chief Justice Of. the
United States Supreme Court would permit 81
his prssd'ns with his Honor the D,:srics
GOD that his public duties At Warrington during
the sessou, which V 10 commence next monday, wil
preclude his attendance lhs trial. and the government
propose therefore, 10 name day winch will be In ths
expected Of business the Supreme Court Of the
then proceed with the trial. AZ the counsel arc in ~
tendance, and a. tho prisoner ID IN attendAnca
sSss shsy should both be relieved from any a.
necessary Inconvenience and that The counsel OF H.
government should also unders and what cn wa =
made upon them for attendance here. propose.
therefore, your Honor please. that some day. say NJ
third wednesday OF March. be assigned for tnstria
the assent or the counsel FOR The defence
Mr.. Evarts-l understand that they have no objection
to that course but the counsel Will speak for them
Mr.. Charles o'Conor. Of New York, On behalf Of The
counsel for Mr. Davis replied that they attend
ance and had no desire express with reference the
ordinary progress Of business except that should
BE- conducted IN that manner mos. likely 20 b
attended with the least embarrassment and IN.
convenience 10 the defendant and hinumsrous rsnd1
and 20 his counsel Tnsy felt themselves bound 70
ing 10 HIM fair full hearing. Their personal wishes
and would have been greatly promoted BY
court in May last and greater deg Was II troe
that their personal wishes and convenience would b
sns.. ny ~ s term or ,ae sonr.ms
might continue beyond the umo indl-
sass fp ). ns @ and ina
be here. In that contingency the defendant and hh
counsel would be subjected to renewal Of the
venience which they had been obliged TO suffer- and
had suffered uncompIaniugy on Two occasiona How
he found no fault Win the government Ia its de-
cnaton proceed the absence Of Chief Juslics
II undoubtedly desirable, in view OF all the In
involved that two judges should preside when
tho case T. beard. ne e.ceSod saa aa, the hashss
present In the Supreme Court u the United
States, and there 70 preside, prevented him from
this He would have been pleased, as would also
his associates In this doubtful STATE Of affairs 70 have
ance in the month OF May, when tiN Chief Justice
could certainly attend; bat, not having any control
mai order BE- entered 70 the eject .1a, Mr. Davis YES
relieved from attendance and had leave 70 depart ron
the court until to day named.
Mr. EvArts remarked that l would be quite incou-
70 the and ITS counsel 10 be unable
proceed al the adjourned day a. IL could b 70 the
prisoner aud his advisers He susgscd thai BY being
able 10 form timely Anticipation whether the day
named would DC such, 10 view Of the actual course o.
OF the Cnisf jascs here The danger Of
result which had BEEN Indicated might b. guarded
against II circumstances then appearing shosid render
II unsuitable the Chef justice be expected here In
time 90 with The trial. IL could very easily BE- ar
ranged thai The attendance OF Mr. DAVIS ala still later
day in the present. term should 90 coincide
with the commencement OF The new term OF the Court
az not 10 make any practical difference. But he
antcpat that the government would DO able 70 pro
cssd that tbs Chief Justice would be able 70 attend
In time dispose OF the case a tins present term Of we
Court l. .SaS ps0S.s better rs :u, s.qs ne
spnng Tor somewhat prolonged PERIOD than during
midsummer, II should bea proracted trial ~
Judge Underwood EXPRESSED sntirs scquisssenca n
the arangement proposed on the park Of the govern
mens ~ the presence OF Chief Justice the trai
or the essential upon various grounds. He
approvsd Of the sugaestion Of the counsel losking
20 an understanding by which shs attsndapco
or witnesses and counsel might be Repaired until
the trial was 20 proceed on the day appointed He
believed 10 be due 70 the defendant thai two Judsso
should preside - The trial a. IN thai CASE the defendant