The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1867-08-27

markable that Dunham himself, in his
opinion (Which purports to be in his own
handwriting. mentions no such grounds,
but trusts mainly to technieality. His
position is as follows:
WAsHINaToN July 26, 1867.
To His Excellency Andrew Johnson, President
of the United States:
The petition of Charles A. Durham re-
spectfully shows that in the month of
January last he was tried, convicted, and
sentenced to the Penitentiary for perjury
alleged to have been committed before the
judiciary Committee of the House of
Representatives, during the investigation
by said Committee Of charges against
Jefferson Davis of completely in the con-
spiracy to assassinate President Lincoln;
that the perjury assigned in the indict-
ment against your petitioner was in hay-
ing testified that he haG no reason to
doubt, and did not doubt the truthfulness
Of certain depositions made by the per.
sons called Campbell aud Snevel, at the
time said depositfons we're given by them
in the Bureau Of Military Justice; and
testifying that he had first seen said
Campbell in Canada, in June, 1865, and
said Snevel in Wilmington, N. c., in Au-
gust, 1865; that on the trial Of your pc
ttitioner. said Campbell and SneEel declar-
ed that their real names we're House and
Roberts, and that the depositions they
had made and sworn to in the Bureau of
Military Justice were absolutely false
from beginning to end, and were known
! to be SO by your petitioner; and that they
were not at-said Campbell in Canada, in
June, 1866, or said SneYel in Wilmington,
lin August, 1866, the places at which your
petitioner claimed to have first seen them.
That it was entirely upon the testimo-
my of self-confessed perjurers that your
petitioner was convicted, ,and that without
the said testimony of said persons the
Jury before whom your petitioner was
tried could not possibly have found q YER
dict Of guilty
Your petitioner further says that he
was tried aud convicted by jury not
lqualifed to try him; that the jurors before
whom be was tried and condemned were
Illegally selected and drawn, as decided
by the Court in the case of John I'll. Sur.
ratt; the manner and form of selecting
and drawing the jurors in the case of Sur
lratt and your petitioner being identical
that in the discussion on the opening o
the trial Of Surratt, as to the legal quail
lifcation of the juries who had been sum
moned and empannelied to try him, i
was centended by the prosecution and de
Icided by the Court, that said jurers were
informally and irregularly selected ant
drawn, and that any verdict they nigh
render upon any trial would be absolutel,
void.
4 Your petitioner further says that undel
the rules and practices of the Suprem.
Court Of this District, the above informa
ton in the selection and drawing of ;
Jury does not, after sentence under yer
dict found by such a jury, constitute
ground for new trial or other relief b,
the Court, and that the only remedy TO
such an alleged conviction lies in an ap
plication to the Executiye for pardon.
!, CHARLES A. DUNHAM.
il The above are the papers which hav
come to my knowledge in relation to th
application fer pardon. When consider
ed in connection with other papers, ad
| yentitiously recited, they. excite peculia
i interest and command particular atten
| ton, and it is the extraordinary gravit
) of the import Of these papers last men
toned, in connection with the sourc
) whence they come, which makes it m
q delicate duty to submit their contents t
j your studious consideration, and to sug
}, gest that some proper disposition ough
/ to be made of them in consonance wit
5 the dignity of the Government, and j
3 justice to all parties I introduce them Q
j follows:
d First: A communication addressed t
1.-THE President of the United States, beal
ling date Washington, July 20, 1861, an
a signed Charles A. Durham. It will b
t seen that this person is certified by ger
t ltlemen of official and professional II
$ Ispectability and Of distinguished sagacit.
$ to be capable of great and valuable SCI
E vice in the disclosure Of crime and make
startling asseyerations directly again:
Eprominent members Of the National Leg
e Iislature:
WASHINGTON, July 29, 1867.
: Ito His Excellency Andrew Johnson, Presider
Of the United States.
ell In applying to your Excellency for pal
don, had not intended to offer any dis
Iclosnres concerning the plotting Of you
9 lenemies against you which could be n
garded as an inducement for granting N
S application. I instructed my wife e,on pr
g lsenting the petition, to refer to the col
f Ispiracy of Ashley 4 Co., so far only
i appears necessary to remoyeany unfrient
e ly feeling that might have been engeI
s dered within you toward me by the new
+ paper reports, that I had engaged to a
e sist your enemies in their nefarious d
y ylsigns. I adopted this in the belief thl
d the services / had rendered the Govern
i ment, as certified by Judge Holt, Il
Il Hon. Mr.. Riddle and Mr.. Ashley, woul
IS in your view and Judgment render me d
h serving Executive clemency, and becau'
ISL I desired that itishould appear on the r
o cord and on the face Of my pardon, th
n clemeney had been extended to me sole
n and in consideration Of my services to Il
t. Government, and exclusively on the T
El n n 4