Evening star., 1867-05-27
LOCAL NEWS.


THE CASE OF JOHN HI. SURRATT.
His Appearance-Argumen of Counsel in
Regard to Continuance Of the Case-The
Trial Postponed.
This morning was set for the commencement
of the trial of John H. Snrratt. under An IN
dictment found on the 4th Of February last,
charging him with the murder and conspiracy
to murder President Lin coin on or about the
14,h OF April, 1865. The fact being generally
knewn, at an early hour persons anxious to
witness the trial commenced to arrive. A
large crowd being anticipated, as early as s
O'Clock Deputy Marshal Phillips with the
balliffs were present, disposing OF the seats,
and making arran gements for the members of
the bar. representatives of the press, &c.
udge Fisher was also present at an early
hour, as also the clerks of the court.
The prisoner. ii will be recollected, was ar
rested at Alexandria, Egypt, after having es-
last, and was brought to this country In the
steamer Swartara, Commander Jeffries, absut t
the 14ih OF February last. bench warrant t
was issued and served by Marshal Gooding on
was delivered and he was lodged in jall-the
warrant being returned ''cipi-in jail"-In
which he has been held. On the 23d Of Febru-
ary the accused was brought into Court and
was arraigned, pleading "not guilty. On the
18th OF April the counsel for the accused. Mr.
Bradley. Sr., Mr.. X. T. Merrick and Mr. J. H
b
set day for trial, and at the same time the
District Attorney moved for q continuance
from the present March term to the next une
term On the 23d of April the motion for a
gave notice for trial this day.
AT ten O'Clock Msssrs. Bradley and Merrick,
counsel for the accused entered the court
room, as also the members OF the petit Jury
and the court was opened, the proclamation
being made by Mr.. W. A. Mulloy, and in a
few moments the District Attorney entered
and moved his adrniss loD to the bar fudge
Pierrepont is to assist in the prosec cution .
The list OF petit jurors were sworn. and all
but three answered to their names-Messrs F.
F. Vernon, Owen O'Hare, Nathan Pabst.
at 25 minutes past ten, Judge Fisher in
quired whether the csunsel were ready
the District Attorney said he regretted that
there We're several difficulties In the way OF
going to trial The probabilities are that the
case will run into the next term and the aues-
ton was whether jurors term did not cease
with the term He read from section three of
the act creating the court, and the rules for the
government of the court, and said that this
was q diffic culty in the way of proceeding to
trial. There was no telling now much time
would be consumed in the trial. While the
Government had used great eXertions to sec ure
all witnesses who know anything Of the case,
there We're few who had not yet made toelr
appearance. The prosecution had also discoy.
cred new evidence. r. H-
Mr. Merrick said that there was special act
authorizing trial from one term to run into
MIR. Bradley asked that the prisoner be
brought into court and Judge Fisher directed
the Marshal TO send for him. .."
At l0:4o Deputy Marshal Phillips entered
with the accused, who was placed in the pris-
oners' dock, where the manacles were removed
from his hands. He appeared paler and thin
ner than when he appeared previously in
court. He was dressed in new suit Of black
with glossy SHIRT collar, and with his hair
combed back over his forehead and behind his
ears At the suggestion of his counsel, he was
allowed to take seat near them.
Mr. Merrick said that he understood that the
District Attorney moved a continuance.
Mr Darlington said that he had not made
such motion, but had stated that he was not
now ready.
Mr.. Nerrick said then there was no motion
before the court. ..-
Judge Fisher said that if there was no mo-
ton for a con uance, the usual course would
be to proceed with the trial.
MIR. Bradley stated that the defense was
ready to proceed with the trial.
Judge Pierrepont said as he understood the
case there Were witnesses whose testimony
was important who were not here; one in New
York, on in Detroit and onein California. Of
fcers We're out after these witnesses but they
had not yet been found. 80,
Mr. Merrlck said that there should be q
motion made akd-that Fague suggestions
would not answer. They should let the
wished. The District Attorney had said
there was not sufficient time left ofthe remain
der of the term and that they might be SUBJ
emergency was provided for by the act of
February 18th, 1853, and he read the act.s The
act OF March Sd, 1863, provides that this court
sna s nave 1ne ne same san p9Wers as the the Sa courts
would say that the means OF the prisoner,
his family, and the friends who had aided hirn
had been ex hansted. Witnesses from Canada
and the South had been bronght here at heavy
expense, and even witnesses material wit
nesses-couId not be brought here because they
had not the means. If the case goesov er 10
tk~n 3 it'll
keep these witnesses here, and the prisoner
may be left without the witnesses by whom
to pro We his innocence. s-8>fg y 0bl-aE
/ The court suggested that the witnesses .bsi
The defense said it was not necessary to call
their wtnesse Tor They are all ready.
The Distrtcti Attorney said that the proseeu-
aon non. knsW aW whsrs @ tnsir witnesses were who
Judge Pierrepont said that onths point in ref
erence to case proceeding from one term into
the case could not be continued until day
when the witnesses wonld be here. He I'm
,derstood that the absent witnesses for the pros
ecution would probably be here In about ten
MT. Bradley asked, belore'the list or WI.
nesses be called, If the defence would not be-
txpected to testify M against Al M the dsisnee VINO arc
Judge Pierrepont said that to save time ne
-c1id ngss that y the 10th OF next meath bs
Mr.. Bradley asked il the witnesses alluded to
were all As for the California actor. Wit
mess, the defense wanted him, and would !
agree that il he arrives the Govsrpment shall
sexamtas him. He knew, not what was ex-
tpsefed to Be proved ~ the others. The, de-
-fanss ihad brought a. witress from remote
@sestiop sec of Texas; II the defense could DO
%aek s's asi:sss thas % &. go usvssnss.ss aaas E
should show that thsse Witnesses had boen
LSAmHboned " itke MsFshai, and should show
I sW44k Al1fkence had been used. - stass o: = /
the District AttcTnsx WAs sunc(6pt IN the
courts in which he had pfacttoea upIeasf me
court hefteysdi that nfllcer ab1sipe his
sTne Court ashsd ff hs undesato6d tkA btpI
k3Gt At4ofney kaA naed diiigenAe "a aecIfefho
atteb1Aoes OF itAo Witnesses fefefroasias a1rIi /