New-York tribune., 1867-05-28


WASHINGTON, MAY 27-The trial of John H. Sur-
ratt indicted for murder and for entering into a conspr
acy to murder the late President Lincoln fixed for
today Ia the Criminal Court of this District, Judge
Fisher presiding. The indictment against SuTatt was
found on February 1861 On February bench war
rant was Issued for the accused and it was
returned "Ccp in Jai' February %. The prisoner
was arraigned and pleaded not guilty. On April IS a
motion was made by the defendant to fix day for trial,
and on the same day the District Attorney made motion
for continuance. On April o. the motion for continuance
was oVeuled and on the day the defendants cOu-
sci gave notice that they would be ready to proceed to
trial ON May 27. The has excited more interest
than anything that has transplred here since the
trial of Henry Wirz, and the Court well filed
with spectators before 10 o'clock, the time foJ the
assembling Of the Court At 10 O'Clock the Court was
formally opened by the crer The counsel for the prs
oner, Messrs. r. T. Mcrrck and J. II. Bradley and j.
H. Bradley, ir present few moments thereafter
the counsel FOR the prosecution the Hon E r. CAIRNS m
tuct-AttOrncy A. g. Riddle, esq and judge EDWARDS
Pcrrrpont OF NewYork, appeared and took thelr seals
Judge PicrerOnt was, on motion OF Mr. Carrinston,
formally admitted and qualified as member OF tie bar
of tins District The names OF the jurors OF the regular
panel was called, and all excepting three answered 10
their names Judge Fisher said this was the day set for
the ia OF John H. surratt under an Indictment for mnr
der and be asked il counsel ready The counsel Tor
the defense responded allimatvcy.
District Attorney Darlington said he regretted exceed
ingy that upon consultation several difficulties were
pIese".u ~ tne way proceeding 10 til 1t the pIcSt
time In the first place, the probabilities were that the
commenced tho third Monday in June, and the qucs
ton suggested itself whether il the trial proceeded
with nov and not concluded, whether the Court
could proceed with and continue the trial at the succeed
ing term The present jury panel runs ont with this
now, IT, at the next term, the would have TO De com
menccd de aoeo. Mr. Darlington then referred TO the act
Criminal Court were fixed for the first Monday in March
third Monday In June, and first Monday IN December
with special terms Intervening when business required A.
IL VIII be seen therefore, that new term commences IN
June aud then there Will be new set OF grand ana ptt
ie oh. h. "a
very serious one As soon az TINS day was Nfd Tor INC
trial, the prosecuting counsel used all diligence 10 get
witnesses here, but have failed to the attendance
OF many oi the most important OF them These Witnesses
facts have been also recently discovered, develop
ments have also been made and IN ease OF this import
the prosecution would not like To 20 10 trial unless
perfectly ready and prepared.
Judge Fisher asked II there not statute dsposing
Of Mr. Carington's first objection.
Mr.. Merrck replied that there was and 10 was distinctly
stated thata case pedpg at the close oi term could 70
over ana bf continued
Mr. Bradley asked and the Court directed that the prs-
oner ee ionEht into cot before The argument was fur
brought and seated in The prisoners box, but
he subsequently assigned seat beside his counsel
The prisoner looks pale and carcwom. lie visited
the jail this morning by his brother from Texas usac
Surrat and sister The prisoner shaved himself To day
all except his goatee and moustache-for the first time
since he has been ncarccatcd He Is not In good health,
and has fUr time been obliged to parake OF wine as
tonic
After the prisoner had been arraigned Mr. Merrick said
he understood the DstricAttoney submitted motion
for the continuance Of the cause.
Mr.. Darlington said he did not move for q continuance.
He simply stated that he was not ready to proceed TO
trial account Of the difficulties that had been sug-
gtsied The had the power discharge the prs
II the DistrciAttoney had been abusing the power
vested In him. 10 grant continuance upon the pros
ecnting officers statement.
Mr. Merrick sad Then there was motion at all be
After pause Mr. Darlington said he simply rose TO
say that lac was not ready to proceed to trial for the
Judge Fisher said The regular order OF business was
TO proceed with the trial or make motion 10 dispose OF
the case IN some way or other II no motion Is made the
trial must he proceeded with.
Mr. PicrreIont said he did not fully understand tho
mode Of proceeding IA s Court As he understood the
matter the prosecution not ready To proceed To trial
to-day, because the witnesses were not all here lie did
not know the practice here-whethcr any technical
motion would have to be submitted by the District
Attorney whether his asking for pOstp0nement upon
end The Of certain witnesses had been
presented aud they not now here These witnesses
had testified To certain facts IN another tra and their
testimony necessary 10 the success Of the prosecution
These Witnesses have been sent for TO 10 Mary
Land, to Detroit, and even as lar as 70 california Ihese
witnesses had not yet been found. The one IN California
is actor, aud his evidence Is very material,
and he CNir. PicucpOntD was advised that the
prosecution could not safely 10 trial without the wit
ncsses referred TO- II there Is statute enabling the
then that objection Of the prosecuting attorney Is us
posed Of. But # there Is not such statute, then 1t
would be iadyired 10 go Oh. case occurred In New
York IN which he r Plelepoiuo was one OF the cOnn-
sell and the cause not having been III the term
of the court in which 10 commenced, 1t ended with the
But the other point made depends upon the dili
gence used the ATTENDANCE OF the witnesses.
Officers after the very witnesses referred to-
II motion FOR postponemelt Is the proper course To be
statement OF the DstricAttorney that he could not
safely proceed TO trial was all that was necessary.
Mr. Merck said that when a case was set for hear
ing on certain day. he knew of no manner In which IL
could De disposed of In any other way than by tal cN
cent mon a motion duly Submitted suggestion made
may De- the Of motion, but there must either
he absolute motion, or motion founded upon suS-
gesOn In order 20 give the Court and the counsel some
idca upon which the motion for the disposal Of the case
based The counsel for the prosecution cannot ENJOY
the privilege Of coming into court upon mere sngges
Hsk "A
what they expect 20 prove ultimately Ihey must dea
fairly with the Court, and with counsel, and must def
nely state their demand for postponement or con
tinance The suggestion Of the Attorney III the
first instance indicated continuance on the ground or
te oecton that there was not sufficient time TO com
pete the trial at this term Of the Court as the e9nshSe
mai and thus produce mstria and all the labor would
have 20 be again gone over III that Is the lea hotNe
then for continuance would meet the point But
that by the statute OF Feb which provides
that any term Of the Circuit or criminal Court OF the
Dsict of Columbia any shall be on trial, and II
so happeu TINT al the close Of the tenn verdict
shall have been found, or the Jury snal not nave Dn
discharged the Court may and shall proceed WIN te
trial I'm The same manner though the new term OF the
Court hnd commenced aud proceedings sha be con
tinucd until the shall have been terminated Ihe
act of March g. 1868, organizing the present Criminal
Court Of the District Of Columbia invests II with all the
powers and duties OF the Old court eXisg AZ te me OF
he passage OF act Of 1853 referred TO- In this attitude
Of this Suggestion. he Oir Merriek did not know
whether he ought TO make any remark III reference TO
the diligence that had been used by the counsel OF the
United states to bc prepared for the tliaL But he
begged leave TO say that, relying with reasonable
degree of certainty upon the trial taking place
upon This day-when the day was fixed some
days since-the counsel for the defense went
diligently 10 work to prepare for the emergency The
means OF the prisoner at the bar of his friends ana OF
those who chose contribute have been exhausted IN
making this preparation. The defense have their wit
nesses i'm attendance, and have brought them from long
distances and very heavy expense. Witnesses have
been brought from Canada, from the most Southern
states OF the Union and from remote station in Texas
In this all the OF the prisoner have been eX
pended. and he had not means to proceed further az
though there Other important witnesses that cannot
now be had The prisoner has no peculiar facilities 10
compel the attendance of witnesses such as the United
states has II the is postponed IL will he impossible
10 keep witnesses here and II they once depart from
the city the prisoner has to get them back
and then when the is again fixed for trial the lie
fense will be compelled into IL without the presence