The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1867-11-27
Trial Postponed until March.
NEW WITNESSES.
MOTHER DHCTM + N Il.
MOVEMENTS OF MIR. DAVIS.

Two hours before the time appolhteu ~.
the opening of the United States o,rc u,
Court Yesterday morning the crown Dc.
gan to gather on Bank street, to eaten i
sight Of Mr.. Davis, and, If possible, 10 Eni gun,
admission into the courtroom. an EMILY -
throng also filled the lobby and lassaerS %
The custom house. The prospect Tor Il tIitl
and the probability of the arrival OF onlei
Justice Chase, We're of course the preF;'iiinG
topics of con vprsation- 1t was already Wen
known that Mr.. Chase, from some uneNl''aih'
ed cause had not arrived us expected.
At quarter to IL o'clock an officer stationed
II the door of the courtroom admitted the
clerks reporters and members OF lhe pax WIZ
thus were afforded sufficient time 10 se'tI
themselves before the crowd gained admission
number OF ladles-wives and daughters OF
United States army officers, anu one or Two
we'll known ladies from Church Hll, were
allowed privileged seats III rear 0! the uoshs
set apart for the representatives OF tue PRESS
Within the space assigned TO the o;f II mum,
her of nersons of note were soon gathered
together Among them were noticed eX- TO
vernon Lctcher, Hon. James a. Seldom, non.
+. 5. Pendeton formerly United States Mlh-
ister to Chilli, Charles o Conor, George Shea,
and William Evarts, Esqs.; General Granger
and Governor Peirpoint. Beside these tiieie
were many of less celebrity, and about iorty
Richmond attorneys and counsellors III Jaw
The grand Jurors occupied their usual seats.
AT ii o clock the doors were thrown Wiue
omen, and III rushed a promiscuous CROWD OF
persons who had been standing IN lhe pas
sages and on the stairway. People OF all coloTS,
ages and sexes, came pushing forward :thu
soon there seemed neither seat nor Standing
room for another man. The efforts or the
notice were barely sufficient TO keep the impa-
tieut throng within bounds; but 1T lehSln
the crowd was so dense that moving about
WIS almost impossible. Then comparative
silence reigned.
peorancr and the court was immediately
opencd by Mr.. Crier Underwood.
The Clerk then proceeded, by order OF the
court, TO call the list of grand Jurors. only
nineteen answering TO their names lne loi.
lowing were substituted for the absentees
I.omaX b. Smith (colored), y. Vance Brown,
David Turner, Josiah Maillard, and Bernard
Davis.
Before the grand jurors We're sworn, MIR.
Chandler, District Attorney, after conSulla-
tion with his associates submitted u motion,
based upon section . OF the act of Congress
passed June l., lS62, which provides that the
District Attorney may move ana the Court
NAV require the Clerk TO administer TO grand
jurors Il certain OATH which he read alohu.
The Court directed the Clerk TO administer
the oath in question, and amy jurors VINO en-
lertained conscientious scrupleS against taxing
il were request ted TO make IT known rs their
names We're called.
George Rive, foreman, and each grand juror
then took the following oath, which we pup
lish in full:
"You do solemnly swear that you will sup.
port the Constitution of the United Stttes VI
America that you have not wlthotll u"ltso
or conStraint taken up arms, OF Jolicu ..'iS
or rebellion against tne oh'tc'
States that you have not adhered 10 'tns III
surrcctiun or rebellion, giving IL ala aiiu IN
fort that you have not directly VI in' o.h J,
given any assistance in money or any other
thing. TO any person or persons WHOM YOU
knew or had good ground 10 oeileNe i'u
Joined or was about to JON SUI 'iV -,
and rebellion, or had reslSteo OF M"s ~, ~
Ia1.s of the United States ana tnal you nave
moi counselled or advised any person OF Pc
sons to Join in any rebellion against " ~
resist with force OF arms lho 1'"S "a VIZ
aftar the Jurors had been sworn, proclama-
,;n,, IF SILENCE on pain Of imprisonment WAS
made. whilst the Judge delivered the
CHARGE TO THE GRAND jury.
Gentlemen of the Grand Jury,-1 regret
,bot the absence OF the Chief Justice imposes
upon me the duty of presenting to your con.
sheraton that which that eminent lurISt
could present with 50 much more proprley
and ability.
You have been summoned and impannelled
TO inquire concerning crimes and offences
against the United States in the District OF
Virginia, and it becomes my duty to give you
some general instructions i'll relation 10 your
duties.
The general nature of those duties appears
sufficiently in the oath which you have taken 8.
You are to be dilgent in your inquiries. The
general good requires certainty OF retribution
for offences against the laws. Moderate pun
iShments, if certain, restrain from crime more
effectually than severe il uncertain. FL IS your
duty, therefore, TO see 10 IL that no offence
escapes your inres tisatlon through Negligence
or laXity.
And Won are to be absolutely impartial. All
personal favor and all personal disfhror must
be vigorously excluded from your room No
party and no class bias or prejudice must be
allowed the slightest influence upon your de-
alterations or decisions
You are selected from among your fellow
citizens without regard to race or color. Show
no regard 10 either in your proceedings. Gou
are ministers of justice charged with most
responsible and important functions. In the
performance of them you cannot without
fault look 10 anything but the evidence and
the laws.
Offences connected with the rebellion which
has so Ii tely distracted and afflicted our coun-
try Will necessarily claim your first attention.
The Constitution declares that treason
against the United States shall consist only
in levying war against them, or in adherlng to
their enemies, giving them AID and comfort,
and that Congress shall have power 10 de-
clare the punishment of treason, but no at
tainder of treason shall work corruption of
blood or forfeiture except during the life Of
The person attainted." The power 10 grant re-
prievc and pardon for offences against The
Constitution, except i'll cases Of Impeachment,
is vested Dy tue CONSTITUTION eASluSlNtlS III
the President.
These explicit provisions mark plain path
for you If il is brought TO your knowledge
that any citizen of the United States has been
engaged in levying war against them, IL Will
be your duty to find an indictment Tor treason
against the offender, unless, indeed, IL be also
brought TO your knowledge that such offender
has received a special pardon, or is included
in some general act of amnesty
In the exercise Of its power TO declare the
punishment of treason, Congress has thought
fit, by recent legislation, materially to abate
the rigor of the earlier law.
The act of April 10, 1889, placed treason at
the head of the list Of offences against the Ma
tional Government, and provided that If any
person owing allegiance 10 the United States
of America shall levy war against them, or
shall adhere to their enemies, giving them aid
and comfort, and shall be thereof convicted,
such person shall suffer death. The act OF 18th
J uly, 1862 however, declared That treason
thereafter committed should be punished by
death and the reimbursement OF the slaves
of the convict, or, III the discretion OF the
court, by fine not less than ten thousand dol
lars, and Imprisonment not less than hve
years. The same act, III its second section,
provided that any person who should there
after "incite, set on foot, assist or engage in
any rebellion or instruction against the au-
thority of the United States or the laws there
81, or give aid and comfort thereto, or
engage In or give aid and comfort TO any such
uMis.hs rebellion or Instruction" should be
Puisheu ny Imprisonment not exceeding ten
ens' or by fine not exceeding ten thousand
uoiiaisi and by the liberation of his slaves, or
court.
The third section of the same act declared
NAT every person guilty Of either of the Of |
FENCES described should be forever incapable
ana disqualified TO hold any office under The
United States.
il nj IL,