Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1868-06-30
The Surratt Trial.


In the Criminal Court Of this District, this
morning, Judge Andrew Wylie presiding,
the case Of the United States VS.. John H.
Surratt was called. Before proceeding upon
its opening, however, the Judge said that the
practice which prevailed during the trial last
summer, of permitting promiscuUus admission
to the bar of the court could not now be all
loweds as it had not only rendered inconven-
fence to those officially engaged IN the trial.
but had seriously endangered their health,
and he therefore ordered that only certain
privileged parties such as members of Con-
eress, officials Of the Executive Departments,
the Mayors and councils Of Washington,
Georgetown and others, shall be permitted to
be present within the bar Of the court during
the trial.
1t was also ordered that the witnesses, both
for and against the prisoner, be not permit
ted to be present, except during their ex-
animation on the case being called.
Mr.. Darlington, United States Attorney,
presented the new indictment found by the
Grand Jury on Thursday last, charging Suratt
with conspiracy and stated that the United
StItcs ready to proceed.
Mr.. Bradley, Jr., for the defence, remark
cd that they were not disposed to proceed on
a subsequent indictment until the one under
which he had been previously arragned had
been disposed Of; bat the Court directed the
clerk to read the indictment, which was done,
the prisoner standing up as directed, and i'll
response to the Indictment answered that he
was mot guilty"
Mr.. Merrick, of counsel for the defence,
stated that they were ready to try the case
whicfrwas set for to-day, and that was tho
trial for murder. He knew nothing Of this
case. He ccntended that the prisoner lad
the right to be tried on that arraignment, or
else he had the alternative right to be dis
charged.
Mr.. Darlington submitted that he was not
thus required. Buteupon the Court direct
ing that legal and sufficient reasons be stated,
upon the sanction Of his official oath as Dis.
trict Attorney, for not bringing on the case,
and whether he had exercised due diligence,
&C.. he proceeded to read statement to
the effect that important witnesses whose ev-
idcnce was material to the case, were not
present, and the counsel for the United States
had reason to believe that Two Of them were
secretng themselves in order to evade the
law. 1t was expected to have them here by
the next term.
Mr.. Merrick objected to the reasons stated
as not sufficient to form a material objection;
that it did not contain the names of the wit
nesses, or what it was expected to prove by
them.
After some further remarks by Messrs.
Merrck and Darlington, the Court stated that
the present case had now been pending for
six terms of the Court, four having transpircd
since the trial Of last summer. He consider
ed that the reasons given by Mr. Darlington
fOr continuance fell short of those required
by proper authority, aud proceeded to read
legal authorities with reference to the caus es
for putting off a trial. The prisoner had not
been convicted, and he could not, there fore,
presume him TO be guilty. Under the cir
cumstances he was entitled to the same rights
as any other prisoner would have and he
should have them. lie directed that the
prisoner be discharged under the Indictment
for murder which was accordingly entered.
The District Attorney did not, however,
enter 4 nOde pr"Sc9u', and the original in
dictment still stands against the prisoner,
upon which it is understood he may here
after be again arrested.
After a slight demonstration of disorder
manifested outside the bar Of the Court, up
on hearing the order to discharge the prison
err, was suppressed, the District Attorney
moved to proceed with the trial upon the in
dictment charging Surratt with conspiracy.
Mr.. Merrick, after stating that the coun
sci for the defence on the original Indictment
had nothing to do with this new case, not
having been engaged beyond reference to the
arraignmeut for murder, under which the
prisoner had been discharged, they were not
willing to go on with the trial.
After an argument the Court directed the
case to be continued until Monday.
John H. Surratt was released this after
noon on bail until Monday next. His bonds
men are John j. Bogue, r. B. Trenueil,
Owen Thorn and Mich'I Shea, in the sum of
$4,000.
The Messrs. Stieff have donated piano
to the ''Lauderdale Orphans Home" Missis-
sippi, for which Miss Laura Reed, in let