Evening star. [volume] (Washington, D.C.) 1854-1972, 1868-05-12
THE CASE OF SURRATT.
The Trial Continued Until the June Term.
Motion to r elease the Prisoner on Bail.

Motion to Release the Prisoner ON Bail.
CRIsrNAL COURT, CHIEF JUSTICE CARTIER.
On the opening of the Court this morning,
Judge Cartier said that the Court had been ad-
journed over until to-day TO make some tlispo-
sition of the case of John II. Surratt, and asked
If the counsel were ready to proceed. The
District Attorney answered for the prosecution
that he was. The Court.-Are you all ready 7
Mr.. Merrick suggested that the prisoner should
bs in Court, and the Judge gave the order, and
while awaiting his arrival the Court directed
the Marshal to see that the bar is limited TO
gentlemen of the bar, for whose convenience 1t
was created, saying that while this trial was in
progress none others would be admitted in the
bar except the jury, without permission OF the
Court.
There was not large crowd in attendance,
the fact that the prisoner was to be brought
out not being generally known. Messrs. Car
rington and Wilson were in court represent
ing the Government and Messrs. Merrick and
Bradley, Jr, The prisoner. The accused ar
rived in court in charge of balif, at lo:a5
He was dressed IN a black cloth suit, with
slouch hat, and appeared quite cheerful. His
general appearance has not altered much in
consequence of his confinement. Mr.. Caring
ton said that he was waiting for the defence,
he being ready TO draw a jury. Mr. Merrick
said that he was somewhat surprised. On the
oath OF April he received notice that the case
had been set down for to-day. A few days al
in the General Term. Messrs. Pierrepont and
Riddle inquired if they (the defence) were in
earnest. Mr.. PierrepOnt said that they (the
prosecution) Were not ready. Mr.. Pierrepont
made an agreement with HIM (Mr. Merrick)
that it should not be called this term. The
question of bail had been talked of by Mr.
Riddle and himself, but it was still open.
After conferring with Mr.. Riddle, Mr. Car
rington stated that he had had no agreement
with the counsel, but that Judge Pierrepoint
and Mr.. Riddle had spoken to them On the SUD-
ject. He had stated explicitly that he would
not consent 10 a continuance.
MIR. Riddle said that Judge Pierrepoint was
here one de last week, and he disliked to try
the case at present. He had some impression
that Mr.. Merrlck was not anxious to try the
case at this time Judge Pierrepoint and him.
self had an interview with Mr.. Merrick, and it
was understood that the case would not be
tried to-day.
Mr.. Darlington reiterated his statement, and
protested against any continuance. They had
telegraphed and written for their witnesses.
Mr.. Merrick. In answer to a question, said
that when he understood that the United States
had recalled their summons he had ceased
preparations for the defense
The Court said he thought he would let this
case go over. Ii presents this aspect:-While
il is desirable it should be tried, it is not TO be
disguised that an understanding has been had
that they were not to prepare for trial to day,
and as understood by the counsel for the de-
fendant, until the June term, and they acted
under that impression Without counsel see
early in this term. as il will probably close by
the commencement OF the next term, he would
feel constrained to grant the continuance.
Mr.. Merrick said If he could get ready, il
would be bad faith toward Judge Pierreport, I,
with whom he had a distinct understanding 2
that the case would not be pressed.
Mr. Darlington said he had a distinct i'm
preston from Judge Pierrepont that a contin-
uance would not be asked for.
The Court said that he was governed in his
decision to continue the case. by the impress
sion under which the defence acted, and he
directed that the case be continued to the June
term.
The petit jurors were here discharged.
MIR. Merrick entered a motion to admit the
accused to bail, stating that the prisoner had
been in c ose confinement for Is months, in
Guiding 10 days on trial. and the jury was dis
charged a fter several days deliberation. The
close confinement is operating pre- reudicially to
his health. and debarripg his counsel Of effec-
tual assistance in the preparation of the de-
fence. They came with substantial bail, which
would insure his attendance wnen justice de-
manded him. He asked If il was in the
discretion of the Court, and read from
page 80, BrIghtly's Digest, act of 1879.
The highest crime under the law is treason. and
this offence now on bail under authority of the
District Court of Virginia Mr.. Merrick also
r. ad from I'd Washington's Reports, page 324.
He would not make this motion if the accused
was standing tor his first trial. He referred to
doubts that the prisoner could not be tried
aZaiD, but he did not coincide in these doubts.
Judge Black expresses doubt on this point,
and from him he learned that 1t has been de-
cided in Pennsylvania that a person could not
be tried second time for a crime by which
trial his life is placed In jeopardy.
Mr.. Carrington said that he would like to
give his views on the questions presented.
The Court.-Well, / will hear you to. morrow
morning.
MIR. Darlington continued, saving that the
Court should only interpose to prevent any
unnecessary wrong. The defence urged that
the prisoners health required his release on
bail. 1t was not an ordinary murder with
which the accused is charged, but this was
linked with treason as will be seen by the date
and the name Of the victim. 1t had been the
universal practice in this Court to refuse bail
in capital cases.
The further hearing was then postponed un-
til Tomorrow morning at o'clock.
Mr.. w. Davidge entered a motion to quash
the indictments against Leonard HHyck, OF
Merchants National Bank notoriety, charging
him with larceny, embeZzling, &C., on the
ground that the grand jury which found the
indictments Were not drawn according to law,
the names having been placed in the box sepa.
rately.
A DEMoRALIZING ScENK.-The people OF