Evening star. [volume] (Washington, D.C.) 1854-1972, 1867-04-18

TUE So eRArr CAss- Crir-fsst Cou,,. y.doe
Essr-Betore proceeding with the trial OF
this morning. MI. j. +. Msrr,cS mvVsd u the
court TO DIX day for tns trial Of Jehn n. Sur.
ratt, and suggested the san ofMay. Mr. Mer-
rick reei,ed the circ9mstanees OF Sarrau's
ton 70 tais country the time which has elapsed
since the indictment and urged . speedy trial,
IN order that the prisoner may be discharged.
OF a. guilty, suffer the penalty Of the law.
The Districs Attorney stated that the pris-
oner mas beer treated with all the kin dness
consistent with the duty of a generous gov
ty OF the law. He did not think he wou Id be
ready for trial in two weeks, and suggested
the I'd day OF the J une term, that is, the 18th
gay OF June next
Mr. Bradley, ST., said the defence had made
Efforts to be ready fer speedy trial He pro-
posed elgh teen days from to-day, which will
give time 70 secure witnesses from foreign
countries and remote sections OF the United
States. The indictment was found the Attn
February, 1887, and there is no reason why the
District Attorney should not have been ready
immediately after the indictment. Mr.. Brad
ley urged the limited means OF the prisoner
an q the Inconvenience the defence would ne
cessary be subjected TO by q continuance He
asked for the fixing of a day.
The Court said the motion of the District
Attorney amounts to a continuance.
The District Attorney Argued that il as his
duty IN this case, as IN other cases Of murder.
10 secure all the witnesses important TO the
case, and IL night net be convenient to have
them In two weeks.
The Court.-how will four weeks from to day
90 lapprehend we will hardly get through
before that time.
MI MeIrick said it is not for the defence to
come into court ready for trial. 1t is the du "
OF the Government TO be ready ard give the
accused q speedy trial. We come INFO court
and complain OF the delay attending this case
From the time of indictment su bmit that the
district Attorney had ample time to prepare
for this case.
Mr.. Merrick contended that the Government
IS bound to give reason for a continuance
He ask ed II there are any material witnesses
IN this case In foreign countries to be obtained
He named the witnesses in this case, and argu-
ed that they are in reach of the court. He
would inquire if there are any new witnesses
discovered, and Submitted to the court it, un :
der these circumstances, there is any reason
for continuance of this case. If the District
Attorney, with all the facilities OF the Govern
ment, cannot DE ready in fifteen days, he never
Will be ready.
The District Attorney then stated his propo-
sitIols,
LIST. That IT is the privilege of the prose.
cutting ofhcer to fix day for the trial of the
case; and the Court has the prerogatiye OF
discharging the prisoner on his own recogni.
zanee, II he lind the prosecuting officer has
abused the privilege. and now move the clerk
enter upon the docket the 18th or 18th of June
as the day for trial.
I'd. If am wrong in this opinion although
II was the opinion OF Judge Crawford, upon
the statement of the sworn officer of Govern.
ment that he cannot nix a day for trial, upon
that statement you will continue the case,
because the privilege of speedy trial is to be
understood in a qualified sense
Sd. Have not been remIss in the preparation
OF case, and am not confined TO witnesses on
the indictment, and am bound 10 have every
witness Knowing aught OF this case to testify
IN open court
The Court said he did not think he could set
day IN the June term. as be would not pre-
side AT that term. If be should grant the
motion. II would be for a continuance. He
would decide in course Of the day