New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1867-11-27
THE DAVIS TRIAL.

COURT
p,cp,oNp. Va, Nov. 26.-The Fall term OF
,h 1nited states Circuit Court commenced this morning
at, o'clock Judge Underwood presiding. Much interest
as manifested the opening proceedings OF the Court
% eviueed by the large assemblage of members OF the
hr and citizens generally among Others Gov Perpoint
the Hon. J. 5. Pendlcon, and ex-Confederate Secre-
tary Of War Seddcn who summoned as witness HI
consequence Of the non-arrival Of CmefJuSee chase
who was expected to preside, much speculation was III
dulged III concerning the probability OF trial OF JeneI
son Davis OF the indictment now pending
Atll o'clock The Grand Jurors for the term huinpe,
Of whom were coored men, entered the courtroom anu
were soon followed 10y Judge Underwood. when thS %
was open ara the usual fornalues ProeeV ne Grand
Previous 10 tue oath being administered 10 in0 Win
Jury DisrictAttoucy Chandler, AFTER 81 be Cont
his associates, made motion that tI9 Cc Grand jury the
be directed administer 10 each OF Ine me act of Con-
oath prescribed b. thC second section od & of be see
gress OF June A., 1862 Ihe main g9roned 70 attend
iion that jurymcD AID others lrennTed at lie
lOn amy Uniled States Court may Do 49, tiev have
discretion OF the Court TO take an V" taFen mn arms
NOT Nihou. Curcss cOnstfallt', taAon " -
against tho United states or given ad OF eoao 1l o
sisance in money or any S'hol s p9 TO believe had
whOmthey know OF mad 5000 t4V.tt ~, " So ~ rms
ioed or was abo 10 join m resisting ny Iolce O az S
,nf c0ed or advised any such resistance by olheIs
The oath was then read 10 the jury luu lney WY az
scrr,les ty should make known the fact The foreman
OF the Jury Mr. George Rice, come forward ana tVoh
the oath then IT was administered 10 az INC REMAINING
Judge Underwoodthen delivered the usual charge TO
the jury in WHICH after referring generally 10 he uues
Which WOud dcyOye upon them, he calico at.ehton 70
the eislaton Of COnrtssi for Tie punishment % yfVm
of treason the offender should suffer death Inc AS i
July H. 1862, contained three sections tue hIst VI a.
seemed 10 picyle for the punishment OF treason IN
general while tile second section not only lo[ to
punishment u acts which ola NOT lal Mltin 'ne nm
sulOhal dciuatiJu Oi roaSOn but OF OteI aVts'l nv
Larry that engaging IN the then existing rep S any
ofce under the United states. IL would therefore nc I9
t'e en- ce require Indictment under it, to state the
naet ush
a(soce 81 The Ac OF July 1862 and if committed aiter
It's pa &C. 20 describe The facts as constituting e he5
I'm general or ono on Of the Ohenses described
by said act whether treason or OF Inferior elDlIly
Ipon the suggestion OF the DisrctAtOTney the hales
f number Of witnesses woo mad been suOpenaeu 10 at
tend at the present ten were Called among
Gen X. T. Lee ard number OF prominent oCai' T ne
Tic Late Confederate Government only three OF TIC
Gov. Lctcleg, eXstcretaly OF Wal SeI1S,
AtorrrT explained that Gen. Lee was IN attend
HeC bat moi present an court Ia consequence Vi "
attend 70 some matters % business . -,
Iuaes CuGcrXC1d having Indicated a desire 10 hear
from Inc gentlemen OF le bar any motions tneS iS1g
lave TO make. Mr. W. tfiits o. " ~. -, o 80, $50
the Government then said: II the Court pease tS vaSe
Of the UHted stat 3s against JeheIsoh H1nls VIM ,d
called at the i1st tern an te COut, NHcn tiio ~
was pnt under recoenlzance Tor MS atteh1"H0v 81
Tins term nov 70 1 pc 1 cornHG ~ Mr. Davis
i'm attendance. a,l / understand that the pIls-
am TIM. Tbe intention OF the Government IN regard
To that case is 10 proceed win the tllal OF II AT
some ;ime during the present term OF the Court ana te
considerations up, which the day would be ne1 Would
he but tMOiOld. First 20 The reaUtss O the GOVERN
attendance OF wnese Wnch, however %oulu not re-
qure any considerable pOstponcnent OF the tal from
the present day. But there IS another couslat n
that is al what during the present term the puOhc
duties tie Chief Justice OF the United states supreme
District Judge AZ the tI.al III this Circuit l is under
stood that his public duties at Washington during lue
sess0n which is 20 commence on next Monday VIII pre-
cude hts attendance at ts tal ana me GVNeItlh!ht
propose Therefore ~ maine DAY when WIN DC ~ !he
txpeoted order OF business OF tho supreme Court OF the
United States aftcr The a0JDuInmeit OF lat OOuIt anu
then TO proceed with the tla AS Inc eOlseI ao IA az
and tfs mis- ma
the Court proper that they should both DE
the counsel OF the Government also should understand
pronose therefore ii Your Honor pleases, that some
dayssy the thId Wednesday GA Mafth-De aSsisAeu loI
Jude Under,oo,d-Do understand that that is with
the assent CT Tie counsel IOr tie dolcnsef
NJ. EpGTSI understand that they have no onjeetlon
20 course but he counsel VIII speak for the5nseyes
MIR. Charles O'ConUr OF New-Iork, on behalf OF tle
counsel for MI Davis replied that they were IN %tIeN
aece, aud had 10 desire to express Win 70 tno
ordinary progress vf business, except that IL should DC
conducted in that most likely To be attended
with the least embarrassment ana neon IN 10 s
defel dait ara is i1t.. ops anu 20 R a.
TIsir n u ,sb. and couvenence would have been
greatly promoted by tlial when MI DAVIS was hIst
brought before the Court ia May last ana III greater
degree was II true ihat thSlr personal WISHES az, u T0
He was appleheHsiye that the term OF the supreme
1ourt ust contiue beyond the time Indicated for
the TRIAL and that as a consequence II would be impTac-
ticahle for tho ChctJuscc then to be mere In that
confingolcy Inc defendant and his counsel would be
subiacftd to "a renewal Of the Inconvenience
which they had been obliged to suffer,
ana had suffered uncOmpainnely. Oh two occasions
decati0n proceed absence OF the Chef Justice
Ii was undoubtedly desirable, IN view Of all the Interests
Involved that two iudges should preside wnen the case Is
heard lie conceded tat the higher duty so TO speak OF
the Chief Justice 90 be Fi,se Ia TIC supreme Coert u
the Uted Stgt"s and teie To preside, prevented MN
frOn beng present ard giving ais Attendance TO ts case
at this time. He would nave beeh pleased as Nouu hso
lis associates, u ths doubtful state 81 anals' 10 nave
renewed the recognZauce ofher elelt l0I an appear
IN the month az May Zen le CAieI Juslce coN9
certainly attend DHt Lot having any control over the
matter the defense had only to ash tnat formal order
he entered 10 the oct that MI DAVIS was renewed from
Attendance and lad leave 10 depart IRON tue Court uhtl
the day named
venent the Government ana us counsel TO be unable
10 proceed at tic adjourned day as II could DC 10 the
prisoner aud bis advisers. lie suggested lnat ny DelB
able TO form timely anticipation 10 whether the
day named wOHd be such in view of the actua. cQue OF
the business Of the rene Court as 10 permit OF We at
tendance the Cf Justice mere, the danger of the re-
suIt%ic had been indicated might be guarded against
II circumstance tAen appearing sho9Id Iehaer " su!t
able Tor tie Llet Justice ~ be expected mere III me 10
go on with ne tIlal u could very eaisiiy ps
still later day ia the present term should 50 coneoe
with the commencement Oh new term OF tne
Court as not to make any pracucu dHeIehce' but ne
anticipated that the Government would be able TO pro,
ceed and tst tile Chief justice would be able 10 attend
IN time TO dispose OF the case az INC present v,' Vi ,o
Court IL would, moreover probably better SUIT the con-
venience Of all parties 10 be present IN the early spring
for somewhat prolonged period than during midsuIn-
mer, II il should be pfOtrdcted tral.
Judge Underwood expressed entire acqucsceDce in the
Arrangement ana purpOsed on the part Oi inc Govern
ment the presence OF the Ch1eiJustce IN the tila
the essential upon various grounds lie APP
proved Of the suggestion Of the counsel looking 10 an un
derstanding by which the attendance OF witnesses
counsel night not be required unless the trial was 10
proceed day appointed. He believed II 10 be due
10 defendant that Judges should preside at the
trial. as In the the defendant the advantage OF
appeal to the higher court I'm Of disagreement be-
tween the Judges upon any important question. Inc
proposition made the part OF the Government and as
scented TO by defendants counsel agreeable TO the
Court and the order proposed by defendants counsel
would be entered.
Some further remarks made by counsel In regard
20 the possible necessity o. the removal OF the leave OF
absence gwen 10 Mr.. Davis and his being held on his
recOgnZncc ia the OF the trial OF the cause being
informally postponed from the time fixed 10 more dis
tant day.
Mr Evarts said that H. for instance tho 10th Of