The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1867-11-30

fit to bring to our notlc-.
You act, gentlemen, under circumstances which
direct muo public attention to you. We earnest.
" hope and confidently expect your ac ion will be
SO fair 80 Just and SO judicious, as to draw upon
you no other than fav orable judgment.
WITNESSES FOB THE GOVERNMENT CALLED.
After the reading Of the charge the grand Jury
retired, and the Clerk called the following wit
nesses who had acknowledged service OF sub
pnnas Robert E. Lee, James A. Seddon, William
c. Wickham, Joha Letcher, Lewis D. Crenshaw,
w. W. Crump James II. Grant. ]. S. Calvert, VIII
liam Smith, and Gustavus A: Myers.
Mr.. Chandler said that he had seen General
Lee, who was in the city, and that the General had
stated that lie would be ready 10 attend upon the
grand Jury at any moment.
Ex-Governor Letcher, ex-Secretary Seddon, and
General Wckham, answering to the call we've
about to be sworn. when MIR. Chandler said that
he would prefer that they should be sworn by tho
foreman of the grand jury, as provided By an act
| OF Congress passed in 1865.
The court said it was usual to administer the
oath in open court but it should be the District
Attorney preferred.
The witnesses were then carried to the Jury
room, in the third story OF the building
THE UNITED STATES vs.. DAVIS
The Judge said that the court would now hear
| any motion of counsel.
| Mr. Evarts on behalf of tho Government said /:
| If the court plctse in the case OF the United
States os Davis called at the last term Of the court
and the accused put under recoenzance, observe
that the counsel are in court, and observe that
the prisoner himself is obodent to the acquisitions
| OF The court.
It is the intention of the Government to proceed
with this case at soma time during tho term.
| There are but two considerations which influence
us in the appointment OF the day. First, as to the
readiness Of the Government and the attendance
Of witnesses. In regard to these there is nothing
which would render postponoment necessary.
| But there is another, in respect to the time at
sc oP tl,oT
preside with your Honor who is now on the bench.
| 1t is understood that his duties at the Supreme
| Court which commences Its sessions IN tho City Of
Washington on Monday next, will prevent his at
tendance at present. We propose, therefore, to
appoint day when tho Chief Justice will be able
| to preside. With this view, woud sugges. that
the fourth Wednesday in March be desig lated for
| the trial of 11r. Davis
| Charles OConor, ESQ.,: replied to the su 2eestor
| of MIR. Evarts. He said We arc in attendance
| under the orders Of tho court, end have no desire
| except that business be conducted with the least
| inconvenience to the defendant, his counsel, and
his friends. Our personal wishes and convenience
would have been greatly consulted had the court
| they would also be consulted, and perhaps in a
higher degree, if it could go on at this Time. How
| ever this may be, under thu circumstances mon
toned by the learned counsel, the only objection
exist next March. We are not sure that the busl-
ness of the Supreme Court will not require long
session, and that at the time designated by the
counsel tho Chief Justice will still be unable to
| mako his appearance in Richmond. In this case,
| OF course, we would be subjected to much labor
and expenditure only to repeat the same process
| Wewouli not be understood, however, as tnG.ng
| fault with the dechnature OK the Government to
| proceed in the absence OF the Chief Justice. 1t Is
| certainly desirable. net only to our own, but to
the general interest OF the public. that there
should be two Judges presiding when the case ls
heard. Influenced by This consideration, we with
hold all objections to the failure to proceed at this
time; for we do not deny that the higher duty, as
| he may consido. it, OF the Chief Justice may re-
| ouire his attendance at the Supreme Court. Oul
| only apprehension is before stated, that he will
| be unable to proceed at the time designated,
which would necessitate another postponement.
However, We are not masters OF the situation,
but stand to answer the indictment at any tlmo Ii
the Government is determined to make the expert
ment Of setting the case for trial on an anticipated
capacity to bring it on, opposition would probably
be unavailing; for your Honor would scarcely feel
at liberty to decline the proposal of the counsel.
1 would saw that il would PROBABLY be more salts
factory to US and our client, q although We have not
been afforded au opportunity for consultation, to
renew the recognizance until the May term, when
| the Chief Justice can certainly attend. we only
| ask, however that formil order be issued re-
lieving him from further attendance until tho day
the court may please 10 name.
Mr.. Evarts: 10 guard against the danger ct fur
the- Inconvenience 10 the defendant for the reason
| now aSSlRUeQ, I6C IL NOW UG uUQeESlOOu, IL
cumstances should indicate before the appointed
day that tue Government will be unable to pro-
ceed, the counsel for the defendant shall be in
formed thereof. l. anticipate, though, that the
| Government will be ready, that the Chlef justice
will attend and that tho case will be disposed OF at
this torn. Moreover it will be more pleasant to
all TO attend to it during the months OF early spring
| than In the heat OF midsummer.
The Court The arrangement suggested by
Mr.. Evarts will for three reasons, be agreeable to
| ,ct 10 horflv Drnbahla that III
commenced the trial would be concluded before
the approaching holiday. Secondly, as the counsel
agree, it would be inadvisabls and indeed highly
unpleasant to the court, to 90 on in the absence OF
the Chief Justice, and wo have reason to hope that
he will be with US ut the time deslsnated. Ihls
| term will undoubtedly run over into tho next, as
did tho last for there about 600 causes already
entered. Fit should hereafter bs discovered that
we cannot 60 on with tho case, the defendants
counsel will be notified, and the recognizance
renewed without their attendance with their
client In the third place, 1t is due to the defend
ant that two judges should preside. THIS Is OBJ
yious, for tho reason that if difficult questions are
introduced and decided By single judge there
can be no appeal from the decision; whereas, II
there are two, and difference OF opinion exists,
the counsel might max, an appeal to higher
curt.
For these reasons, repeat the proposition OF
the GoyernTl' nps representative meets with the
consent OF the court.
Mr. O'Conor: would be glad II after infor-
mally suggested be distinctly understood. 1t is
well known that this case attracts an unusual
share Of public attention, and the public officers
who tlke part in it are in no small degree amen
able to the intelligent who arc observing those
proceedings 1t will not do that an impression
sh oud prevail that there is any secret agreement
between the defendants counsel and tue Govern
ment officers. Let everything DO done openly.
hope that we may be able now to receive the
distinct acquiesceuce OF council, and the approval
of the court to the proposition, that should it be
found that the desired attendance O! full court Is
impossible there shall be formally entered q re.
newal of Mr.. Davis recognzance, and leave ol
absence until such day as may be determined
Mr. Evarts see NJ diff :ulty about the matter
II 1t be known on the 10th Of March that the court
will continue in ,sion until att the fourth We'd
nesday, then in the presence of resident course
another day may be fixed.
The Court The rights OF the defendant shall De
cared for.
Mr.. O'Conor then drew up the following order
which was approved by the COURT
Z" The Uni ed Sdtes Us. Jeterson Dduls;
Counsel having been helrd in this case for the
United States ana for the defendant, i. is nov
ordereI that the defendant have leave to depar
hence until the fourth Wednesday OF March mex.
at IL o'clock IN The forenoon of that day, at vticl
day and hour ho is required personally to be ant
appear In this court, according TO the oondItico
his reco6nlZance.
Thus the case Of Mr.. Davis was disposed Of; tht
counsel withdrew, ana tho crowd II atteaGanc'
slowly dispersed.
ANOTHER INDICTMENT.
| From the fact that several distinguished Fedora
and Confederate officers have been sun-aoned X
appear before the grand jury, it may be reason
ably concluded that It Is dosigned to fame
another indictment. Under tEe latter, 1t is pro
posed to bring Mr.. Davis to tria. in March. Gen
eral Leo, and Generals Porter and Parke Of Gen
aral Grants staff expect to 60 before the inques
TO-DAY.
MovEMENTs OF NR. DAVIS.
Mr.. Davis Yves not in court yesterday at all, bu
remained quietly at homo. After the adjourn
rnent of the court his counsel had an inteITie7
with him in Judge Ould's parlor. A great man
of his personal friends called during the course
the dag. The Interview between tao ex-Presidcn
and General Lee was prolopgel and exceedingly
pleasant.
days, unless something unfJrseen occurs. Ii
has no. yet decided whether to return to Canad
E or to spend the winter in tho sunny South. II !
thought that he could hardy stand the extrem
| cod of R,itish America Mrs Davis is stlIl i