New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1868-06-23
sTRRATT RELEASED ON BAIL.

WASHINGTON June 22-n the Criminal Court
Of tins District, this morning, Judge Andrew "Jhe PFC
siding the case of the United States 0gt JOhh H. SuI"
was called. Mr.. Darlington, United states D'sulct Az
torney presented the new Indictment when was lounu
by the Grand Jury Thursday last charging that sur
raft had engaged conspiracy Mr. Tor lhe
defense was not disposed proceed upon subsequent
indictment until the under which the prisoner h
been previously arragncd had been dsposedof But inc
Court directed the Clerk TO read the Indictment "0"
was done. The prisoner Stood az directed anu III
response 10 the Indictment answered that he was not
opitv Mr. Merrick Of counsel for the defense, was
ready 10 try the case which set for today ana
that was an indictment for murder. lie kne"
nothing of this case He commended that inc
prisoner should either be tried on that ar
raignmeut. be DISCHARGED. The Attorney
maintained that he had right 10 elect when OF several
indictments found by the Grand Jury he would tf{ IN
any case and therefore he moved To lIy upon 'c
meut found last Thursday morning. The Court ftldihd
that II the practice 70 allow the DsiH'tAtloNY tc
privilege of taking up any case acSoHE 10 d ia,
ton; hut IN TINS case INC 'uult .t I' t,,Id 10
the Indictment against Surrat Tor murder sh9hiu t'ho
place ON this day ana therefore t,o cii' 9"U,1 1ii
on. The Court though' IL unjust 10 h',P ~ , 'o
IN jail. He had had ono trial, upon which t4e
jury nau iahIa 70 i stair. "a could he asked
Mr.. Darlington submitted that important Witnesses
whose testimony material 10 the case were not present
and tie counsel for the United states ha sa.on W We
licyc that Of them were stcTctng ltlhStlNtS 70
the next term Mr. Meuck objected. After further re-
marks 10y McsSIs Mcrick aud Darlington the Court sld
and that the reasons given by Mr. Darlington Tor CON
tuuauce fan short ~ those required by proper authority
Thc prisoner had not been convicted aud DC cOuld not
therefore bc presumed 10 be guilty Under the crcum
stauccs he was entitled 10 the same rights that any
prisoner would have, and he should have them
lie directed that the prisoner be discharged under e
Indictment for murder. and the order was accordingly
entered The DstricAttOruey did not. however, ehtcr
a i0He UTOsoQti, aud the original Indictment htahuh
against the prisoner, upon Which,u Is understood ne
may hereafter be again arrested. The DistrctAuorney
moved To proceed with the trial upon the mdctuitht
charging conspiracy, when Mr.. Mcruck, after rmarkihg
tnat the counsel FOR the defense on the original ndlct
meut had nothing do with this new case, not having
been engaged beyond reference 10 tine aualginet Tor
murder under which the prisoner had been discharged,
they were not willing 10 O with the trlal lhty ma
devoted time and labor tho former and Thought
that they had performed their duty TO the pIlr
ouer but now there were paramount duties claiming
their attention which might not allow them To act any
further for surratt To-day, however or until he en-
gagged other counsel. they were ready 10 ACT TOT nI
They asked time for the prisoner 10 acquire new couh
II that was to done, for themselves 10 examine th
TO ascertain whether the plea Of not guilty
gwen by the prisoner correct plea under the ,rcu
stauceS. Tho Court suppressed argument ana diecttu
the case 10 be continued until Monday he shc
ON a motion admit 10 bal, the Court nAcu ,,uno
bail 40 $4,000. released TINS afternoon IT'S
bondsmen John j. BOguc r. ii. Irunneu, owen
and