Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1868-06-12

counsel for the accused in respect to an
adjourned term .?
Mr.. Anderson: If your Honors please.
We desire to say that it would be more
| agreeable to us if the case were continued
to the next term of the court, but the pro-
secutlon don't seem to be willing to this
we therefore accept the suggestion to con-
tlnue to the last day of this term.
Mr.. Chase: The practical result is to con-
tlnue to the next term. Tho last day of
this term, ii contemplation of the law,
would be the day Immediately preceding
the first day of the next term, and this
would be equivalent to the continuance to
the November term. 1t would have been
much more convenient to the Chief JUS
tlce II this case had been tried when it was
originally called, a year ago last May i'm
medlately after the close of the term of
the Supreme Court We intended last fall
to give the counsel time to try it if thev
saw fit, though there was no obligation to
do so.
1t was set then particularly for this term,
in order that he might attend. lam here,
therefore, for the purpose of trying this
case, and 1t is impossible to say whether
my engagements In other districts during
the month of October may not operate to
prevent my attendance at that time. l am
sci on both sides, and will, il acceptable,
make adjournment to such day as they see
tit If they will agree upon any earlier day
than the commencement of the neXt term
1t IS, however, q right of the counsel for
the defence to insist upon their motion to
have the case adjourned to the November
term.
General Wells The reason, if your
Honors please, which controlled the coun-
sci IN consenting to an early day in Octo-
Der was this That if the case should be
called on the first day of the next term
which IS, believe, the fourth Monday in
November-the interval between that time
and the first day of the meeting of the Su-
preme Court Oh the first Monday in De-
cember would probably be too short to
complete the trial of the case. I therefore
thought that by taking an earlier day, as
for instance the 10Th of October, we would
have abundant timo to complete the trial
before your Honor would be engaged in
the Supreme Court
Mr.. Chase : If the counsel on both sides
agree upon that day, the court will adjourn
until that time. But it is impossible to
say what engagements L may nave in other
districts This is large circuit, embra-
cling five districts ; but if ut all possible for
me to be here, / will take pleasure in ac-
commodating counsel.
Mr.. Anderson The counsel for the de-
fence prefer continuance to tho Novem-
Der term. We have, believe, the right to
insist upon it, and will do So
Mr.. Chase The counsel insisting, the
| court Will continue the case until the No
vember term. If gentlemen representing
| both sides prefer consultation upon the
subject, they can take time until to-mor-
row to do so. You can sonfer among your
selves, and let us know your determination,
| gentlemen.
| Mr.. Lyons If the court will permit me,
l will ask if it is not probable that the
! Chief Justice can be present at some day
during the next term ? If so, we prefer
continuing to the last day of this term, and
then fixing such day in the next as will
suit your Honors.
Mr.. Chase My duties in the Supreme
Court are paramount to all others in the
districts courts. 1t will be necessary for
me to be in Washington on the first Mon
day in December
Mr.. Lyons At the close of the session
of that court this court will stand opened,
if it would then suit your Honor to como
here.
Mr.. Chase 1t is impossible to tell at
what time it will close it is usually in
April, and may be here Immediately
afterwards.
4hI' LLS OI6 AuGu, IL we maze q pracGl-
cal continuance until the next term, your
Honor will probably fix some day that will
be agreeable to yourself.
Mr. Chase It would have been moro
agreeable to me to have this case fixed for
some time near the next term, if it is ex-
pected for me to be present with any de-
gree of certainty. I will be compelled to
be absent as soon as the supreme Court
meets. The order for continuance to the
next term will he entered Is it desired
that the witnesses shall enter into new re-
cognizances ?
Gen. Wells Yes sir.
Gen. r. E. Lee, Gen. W. H. L. Lee,
Gen. S. Cooper, Gov. Letcher, and Gen.
Raymond, the only witnesses present,
were then recognized in the sum of S., 900
to appear on the fourth Monday in Novem-
ber.
Tho Chief Justice directed the entry Of
continuance to be suspended until the last
day of the term, in order that the accused
might at convenience renew his recogni-
Zance.
The court then adjourned until II o'clock
this morning.