Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1868-06-12
From the Richmond Dispatch.
TIE TRIAL OF JEFF. DAVIS,

a Continuance Asked for and Granted,
The crowd at the opening of the United
states circuit Court yesterday was larger
, than might have been expected. as it was
well known throughout the city that Mr..
DAVIS had not arrived, and that the case
would in all probability be continued
Before the doors were opened, Judge
Bonds carriage drove up to the Custom
House, and that gentleman alighted. es-
corting Chief Justice Chase, and they to-
gether went to Judge Underwood's room.
Meantime, in the room opposite, there was
group which attracted so much attention
that the doors had to be closed to keep out
the crowd. Here were General Robert E.
Lee and Governor Wells, the latter having
sought and received an introduction to the
former. No conversation of Importance
passed between these two gentlemen, and
their interview was soon interrupted by
personal friends of General Lee, mostly
members Of the Richmond bar, who came
up to shake hands with him. The General
remained standing, with his hat off, greet
ing all who came up with cordiality, but
had very little to say.
At about IL o'clock Judge Underwood
drove up, having just arrived from Norfolk,
where he had been holding his District
Court He joined the Chief Justice in the
Judges room, and the two remained in con-
sultatiOn for about half an hour, when they
entered the courtroom and took their seats
on the bench. The doors were then opened
and the seats Immediately well-filled with
spectators. The motley jurors, including
several negro members of the Reconstruc-
ton Convention, q number of General
Schofeld's appointees, several other seedy
individuals, and two Or three very respect
able-looking gentlemen, were in their
places. The space reserved for the bar
was crowded, nearly all the leading lawyers
of Richmond being in attendance.
AS soon as the court was opened, the
Chief Justice adjusted his eyeglasses, and
in business-like manner ordered the
Clerk to call the docket. Tho first case
was that Of tho United States rs. Jefferson
Davis.
| The Chief Justice: Gentlemen, arc you
! ready to proceed with this case?
| General Wells arose for the Government
to say that the counsel for the accused
were in consultation, and he waited their
| decision.
There were few moments more of wait
! ing then for Mr.. Daviss counsel-Judge
Ould and Mr.. James Lyons, of Richmond,
and Messrs. Anderson and Wharton, of
Mississippi-who were talking together in
corner of the courtroom. They were
soon through, and Mr.. Anderson then ad-
dressed the court.
Mr.. Anderson: May it please your
Honors, I hold in my hand paper, from
which it will appear that an agreement for
a continuance has been arrived at between
the leading counsel in this case. [ sup
pose, Of course, it Will be at the discretion
of the District Attorney to continue until
the time specified in his agreement. I pre-
sent the matter to the court
4" Circuit Court Of the United States for tie
District Of Mississippi United States Us.
| jefferson Dauis. case will not be called
for trial on the Sd day of June next, but
counsel will then appear on behalf of the
United States and in behalf of the defence,
and an order will then be entered, by con-
sent, in the form heretofore used in this
case, to give the defence time to appear at
such a day in the month of October as may
| be acceptable to the court.
CIVILIAN nj. EvARTS,
"of counsel for Government;
"CHARLEs O'CoNoR,
''of counsel for accused
''New York, May %, 1868"
| Mr.. Chase Do you make motion for
continuance upon that paper?
Mr.. Anderson : Yes, sir.
| Mr.. Chase latter few moments consul
tation with Judge Underwood) Are you
ready for trial, gentlemen, independently
Of this stipulation ?
General Wells: I ought to state on be-
half of the government, as I am the only
counsel here, within the last forty-eight
hours information has come to me that the
wife of the District Attorney (Mr. Chan
dler) is in dying condition-perhaps now
dead-which fact necessitates his absence,
| ol-In i fO Il
the trial at this time, even If the defence
was ready and furthermore, on account of
J the absence of the accused in Canada or
elsewhere at this time, which absence re-
suits, [ presume mainly from this stipula-
ton. Mr.. Chandler has been engaged for
months in preparation foI this trial, and
| has with him now most of fnC abstracts of
testimony and of course il would be very
inconven1ent, though not absolutely i'm
possible, to go on without his presence
Mr.. Evarts' absence would also be q bar to
the progress of the trial at this time.
Mr. Chase The accused is not in court,
| it is understood.
| Mr.. Anderson : In consequence of the
agreement [ have already presented, he is
not present
| Mr.. Chase latter long consultation with
| Judge UnderwoodD In this case the court
Will OEu6E d COAl1uudlC6 OA INC ulOIlOu
that has been submitted until the next
term-the November 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, which creates an Obli-
cation to appear at this term ard abide the
order of the court. Whether that will ope-
rate as a recOgnlZance to appear at an ad-
iourned term, to the court admits of some
question. IT will be for gentlemen who
represent the government to say whether
they are satisfied with the present recog-
nizance in the event Of an adjourned term
being ordered. Upon this point, and as
to the propriety of fixing an earlier day
than the next term, the court will hear
counsel.
General Wells: That question, if your
Honors please, arose at the last term. and
the opinion, think, to which counsel gen
orally came was that the recognizance re-
quired the appearance of the party at the
court from day to day during the term at
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