The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1868-06-06


Mr.. Onsse-Do you make motion for con-
;tinuancsJponth thlt paper?
MrzAnGersoEYes Bur.
Mr.. Chase latter q few moments consulta-
tinn With Judge Underwood d(-Are You ready for
t-ial, gentlemen, inGepen IDENTIFY OF this stipu-
htiong SSs...3s 49, ,s.s.
General wells-1 ought to state, on behalf OF
The eEoyernment, as amthe only eounsel ns.e,
within the last forty-eight hours information
has come to me that the wife OF the District
Attorney (Mr. Chander) ih ia. dying
condition perhaps now 6ead--which TACT
necessitates bis absence, making 1t mpos.
sifle for us to go ON with the traal az
this time, even II the defence WSs reaoy;
and furthermore, on account OF the absence OF
time. which absence results, Ipresume, mainly
ftom this stipulation. MIR. Chandler has been
engaged for-months in preparation for this
frisi and has with him now most OF the ab-
stracts oftestimony; ardof course IT. would be
very inconvenient, though not absolutely I'M
possible. TO 80 on without his presence. Mr.
Eyart's absence would also be bar TO the pre-
gress Of the trial at this time.
,Mr. Chase=The accused is not In court, it
is understood. g > sSes
MI. Anderson-In consequence Of the agree
ment have already presented, ne IS not
present. -,
Mr. Chase latter q long consultation with
Judge UndRrwood) )-In this case the % court WI VII
been submitted until the next term-the NO.
yember term-unless there be some reason
shown, for an earlier trial at an adjourned term.
Some doubt has been entertained with respect
to the condition Of the recognizance, whlch
creates an obligation to appear st this term
and abide the order OF the court. eWnetnef
Iat viii operate as a recognizance to appear
a, an adjourned term Of the court, admits OF
som. question. It will be for gentlemen VINO
represent the government to say whether tney
are satisfied with the present recogn1zance IN
the event Of an adjourned term being ordered:
Upon this point, and as TO- the proprlety OF
fixing an earlier day than the next term, the
court win hear counsel
General WelfB-That question, Hyour Honors
please, arose at the last term, and the opinion,
T think. to which counsel generally came, was
that the recognizsnce required the appearance
OF the parsy at the court from day to day dur
ine the term at which it. was ordered until the
last day, when it was continued to the hrst Gay
of fhe next term. The continuance IN this
case would be to the last day Of the May term
ON which day the accused would necessarily De
rresent and renew his recognizance to the
hrst day Of the next term. In that way thus
difficulty was obviated at the last term, ana
can see no reason to doubt its proprlesy nov
Mr.. Chase-You understand that an adJoScn-
ed term is part Of this term?
General Wells-We have assumed 80. Un-
less the court edjourns sine die, this term
would continue. until the commencement OF the
next term. 80,
Mr. Ohsse-You are satisfied with the recog'
nizapce Ia its present form?
General Wells-Wlth the understanding
have alluded to. we are.
Mr, Chsse-What is the desire ofthe counse
for the accused in respect to an adjourned
term? - - >,
Mr. Anderaon-Ify your Honors please, we de
sire to say that it would be more agreeable q
us If the case were continued to the next tern
Of the court, but the prosecution don't seem Y
be willing for this. We, therefore, accept tht
suggestion to continue to the last day OF th1i
term.
Mr.. Chase-The practical -csult is to con
tinue to the next term. The last day Of thii
term, in contemplation q thelaw, would be thu
day Immediately preceding the first day OF tht
next term, and this would be equivalent to tht
coniinuance to the November term. It wolls
have BEEN much more convenient to the Che
Justice If this case had been tried when it wai
originally called, q year Rg3 last day, immedi
ately after the close Of the term Of the Supremt
Court. We intended last fail to give the coun
sel time to try 1t il they saw ft, though there
Was no obligation to do 80. It was set ther
Z.