The national Republican. [volume] (Washington City [D.C.]) 1866-1870, 1868-09-22

renee oil his associates LOT Tie prosecution, he
intended on this day TO proceed with the sec
Ond Indictment against Sufratt. He had
sought, as he was by law entitled to do, the
advice Ofthc Attorney General Of the United
States upon the subject, and had received
communication from him on the subject,
and rs the ilTst indictment stood in the way,
he had come 10 the determination TO enter q
RONc prO0gWi to that indictment, II the Court
would give Its consent
The Gou,t said that his mind was very
clear with regard to this motion, and he very
readily allowed the n1Uc proIcQm to be on
Mr.. Darlington desired, in vlndlcation of
his course, 10 file communication which he
| Lad received from tho attorney general.
| The Court. We do not know the attorney
| general here.
MIR. Darlington. But your Honor is aware
that there is an act ct Congress to make Tiny
caseg. As this is n Sintctrial, and as both my
| associates and the attorney general concur
with mo In the coursc have pursued, l desire
The Court gave his consent, and the paper
was filed accordingly.
| The letter Is M follows:
ATTORNEY GESERhL'1 OEFICE,l
WA,nlSUTuN, June Q, lsGs,
Edward g GarSipgtGR, u 5, Attorney for the Dis
that, In your opinion, public policy requires that
| disposed If at the approaching turmi that you are
satir fled hat there Is an essential difference q
opinion between the judges touching au iunpnrtlnt
qucstluu Of law In the cas"i that you have no ppe
ii securing the attendance uf tn" only witness who
could testify to what appears 10 be a fact Of the ut
most value To the prosecution, and that under Il
tho circumstances, your ni'u H. that 1t would b"
best 70 indct tho prisunor for conspiracy aud entr
charges murder This COURSE, you believe, would
AVOID long tedious, and expensive trial, tcrmin-
Ntiug, probably, IN discharge without verdict ,
or IN an aCquilal. aud would secure conviction
iyni'ng to y'IitcatS Thy SaP.e Of pgh.ie Justice
oounscl ,suciaicd with yuu, aud Rlsp your regular
assistant, Mr.. Wilson, concur Ia t9"se Vows.
| IrtH M rl Nf he F.a
think proper 10 avail yourself " your right IL ad.
vice from tn" Attorney General IN III" promises, In
official Dr otherwise. would warrant me In form
ing "pimtop Of ,h' cxrediency u the c%urS. you
propose, hui perceive M ground for Withholding
my hrrr"baiuh 10 the PromiaGI. ,,,,,.,,.,,,,.
Attorney General trf Interim.
The Court. That ease is now out Of tho
wayi are you ready upon the second imdiri-
mcnt,
MIR Bradley. lryour It0anr will pardon "a,
by surprise, aud we desire to consult together
Tor few moments.
MIR. bradley said that the defendant Ind
conc into court prepared 10 defend himUcli
against the first indictment. The action taken
by the Government, though OF course very
acceptable to them, WAS "A total surprise. The
court was HwVr" that nj the June term the
prisoner, being then without counsel, had
plead mot guilty" 10 tho second Indictment
His counsel were now drslruus Of withdraw.
lug that FLEA and filing such formal pleas Ms
the nature OF the case seemed TO require. We
wiEhCd time to consider OF these pleas and
would have them ready in the morning.
The Court, what does the record say IN re-
gard to this case. DO the minutes show that
the Court continued the ilrBt case
Mr.. bradley. Both CAGES stand In the same
relation tD the business Of the court as we
; have had occasion 10 scchy tho minutes. Both
| specific action of acttlng down either one
There was no reason TO SUPPOSE the SECOND
+ Indictment wuulI como up.
| The Court said he hrd determined TO dis
pose of this ease NJ this tcrm-tO try 1t unl,s
good legal ground for continuance wa
shown.
Mr.. Bradley. our prr.rui application Is only
for delay until tI-mprrOw to enable us to
lie special pleas. think we have also good
! grounds for continuance. Your honor Is
, aware We could not plead any plea bur not
r guilty duiiUg tic r.!f'CuCc of the urst indct
/ mCut.
. Tho Count renewed his intimation that The
, thai must take place nt this term. This wal
/ distinctly understood at the last term BY SUR
rA't and by counsel who spoke for him. Al
/ though counsel din not then formally repre-
= sent him, he had the hruCnt Of their advice
I plCLor mot guilty. lie knew the trial wa
+ liked for to-day, and has had time to prepare
: | The timc was given rs much Tor the lhdul
EcRct ui him and Of hts counsel As tor that u
| the Government
Mr. bradley. M " Ic7lrc Is leave 70 with
J.. draw the plea Of mo -ull!y" pleaded To tn
Y sudictmc"t. We u"!y ak uhiI io-nortov
= morning.
u The court. Cant We proceed to the rc!'s
, | ton Of u jury
9 selected untIl the pleas were IT.,
: tn" Court w'5 ot opinion That fHmr pro
gross in the iiItl uua :, II possible, to b
Z Mr.. Mcrricii sud iAI whrn the second Id
u dictmru' was lirS' brought into court he 't
9 cnsr. lie reviewed the Proceedings on TN.
= nrcnsiun, and Cunfru ted that tho abandon