The New York herald., 1868-06-23


Tho New Indicament-The Trial Postponed
Until Monday Ncxt-surrutt Held TO Bail In
tho Sam Of Twenty Thousand Dollars.
WARRINGTON, June 20, 1858.
In the Criminal Court OF this district. this morning
Judge Andrew Wylie presiding the case OF the
United States va. John H. Surratt was called. Before
proceeding upon its opening. however. the Judge
stated that the practice which prevailed during the
trial last summer OF permitting pr0miscuous admis-
sion to the bar OF the court could not now be
allowed, as 1t had not only rendered great inconve-
nience to those officially engaged in the trial, but
had also seriously endangered their health, and he,
therefore, ordered that only certain privileged
parties, such as members OF Congress- officials
Of the Executive Department, the Mayors and Coun-
CHS OF washington and Georgetown and others shall
be permitted to be present within the bar OF the
court during the trial It also ordered that the
witnesses both for and against the prisoner be not
permitted to be present except during their exami-
nation. .-,T ~..it.. .t
On the case being called Mr.. Darlington, United
States Attorney presented the new Indictment
found by the Grand Jury on Thursday last charging
Surratt with conspiracy, aud stated that the United
states was ready to proceed.
- MT. Bradley, Jr., for the defence remarked that
quent indictment until the one under which the pris
0ner nad been previously arraigned had been dis
The Court however, directed the clerk to read the
Indictment, which was done. The prisoner stood up,
as dlrected. and IN response to the indictment an
swered that he was not guilty az
Mr.. Merrck, Of counsel for the defence. stated
they were ready to try the case, which was set for
knew nothing OF this case. He cOntended that the
the prisoner had right to be tried on that arraign
ment or else he had the alternative right to be dis
Some discussion ensued among the counsel upon
suSjectl tne @ District Attorney maintaining he had
Dy the Grand Jury he would try In any case and,
Therefore @ moved 70 try upon the indictments found
The Court remarked that it was the practice to
allow the District Attorney the privilege OF taking
the Court had made an order that the Indictment
against Surratt for murder would take place on this
day. and u was his opiaion that the case should go
on He thought 1t unjust to keep Surratt in jall.
He had had one trial. upon which the jury failed to
agree but they stood eight for acquta and four for
United States as could be asked, and the members
Of that jury were personally known to the Court as
men OF sound minds and honest princples.
Mr.. Merrick wanted to proceed with the trial and
proceeded to argue in support Of so proceeding, but
the District Attorney was unwilling to proceed ex-
cepung upon the indictment presented this morning.
The Court said that the charge OF murder which
was the largest offence, should be tried first The
and Justice should not be delayed. Unless the Dis
trict Attorney should bring himself within the rule
OF law and show cause for further continuance he
should proceed with the trial He suggested that he
should do so, and show ground for continuance.
Mr.. Darlington submitted that he not thus re-
sunclent measures be stated upon the sanction of
his official oath District Attorney for bringing
on the case and whether he exercised due diligence
&C., he proceeded to read a statement to the erect
that important witnesses whose evidence was ma
for the United States had reason to believe that two
OF them were secreting themselves In order evade
the law. IL was expected to have them here by the
next term
Mr.. Merrick objected to the reasons stated as not
sufficient material obiectlon he stated, was that
II did not contain the names Of the witnesses
IL was expected TO prove by them.
After some further remarks by Messrs. Merrick
and Darlington the court stated that the present case
had now been pending for six terms OF the court,
four having transpred since the trial OF last
ton for continuance fail short of those reo1ired by
proper authority and proceeded to read legal autO-
rifles with reference to the cause for putting Off
trial. The prisoner had not been convicted and he
could not, therefore, presume him to be guilty. |
Under the circumstances he entitled to the same
should have them. He directed that the prisoner be
discharged under the Indictment for murder which |
The District Attorney did not, however enter a |
noiie prOseQo and the original indictment stands
against the prisoner upon which; 1t Is understood,
After slight demonstration OF disorder mani |
tested outside the bar Of the court upon hearing the
District Attorney moved to proceed with the trial
upon the Indictment charging Surratt with con. |
When Mr.. Merrick, after stating that the counsel |
for the defence on the original indictment had |
nothing 70 90 WIN , TINS new case not having been
murder, under which the prisoner had been dis |
charged said they were not willing to go with the
trial. They had devoted time and labor to the for
mer case, and thought they had performed their duty
TO the prisoner but now there paramount duties
claiming their attention which might not allow them
to act any further for Surratt. To-day however or
until he engaged other counsel, they were ready to
act for him. They asked time for the prisoner to
acquire new counsel IL that to be done, or for
themselves to examine the indictment and ascertain
II the plea Of mot guilty. given by the prisoner was
O correct one under the circumstances.
The court suppressed argument I'm the matter, and
directed the case TO be continued until Monday next
Upon motion to admit to bail the court said that
the crime charged was q very great one and he
would have to fix a large BAIL II convicted upon
the indictment the prisoner would be liable to an
imprisonment OF ten years In penitentiary. He
would nx the bail at $4,000.
The bail was immediately entered and the pri-
soner discharged from custody, with the understand
Ing that he Is TO appear on Monday next for trial
under the second Indictment Surratt's bondsmen |
are John J.. IlOgue r. r. TrunnelI Owen Thorn md /