The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1868-12-04

ATTORNEY BEACH, AND GOV. WELLS.
The motion of Judge Ould to. quash the
indictments found against Jefferson Davis
for treason was argued in the Circuit Court
of the United States yesterday. Judge
Guild, Charles O'Conor, Esq.,of New York,
Hon. William B. Reed of Philadelphia,
and James Lyons, Esq, appeared for the
defendant, and District Attorney Beach, R.
n. Dana, Jr., Esq, of Boston, and Governor
Wells, for the Government of the United
States. The courtroom was filled with
visitors, among whom we're General Stone
man and other Federal officials, besides
quite number Of ladies. .a ~,
The court was opened at twenty minutes
past 10 o'clock, and after few unimpor-
tant preliminaries the Davis case was
called. .1<7y,i $50 ~. 'sktp T--
District Attorney Beach desired to say
to the court that a pressure Of official duties
made it impossible for the Attorney-Gene-
raj to be present. He would say, also, that
he had not been furnished with a statement
of the grounds upon which the motion to
auash was based. He would therefore ask
that written statement of those grounds
be filed. His own connection with the case
was slight and recent, and the special coun-
sci for the Government, having had short
notice, had given it little attention. 1t was
probable that after the defence had opened
the argument it might be necessary for him
self and learned associate to ask time to
prepare their reply. ........... .,.sa. .
Mr.. 0'Conor assumed that it was unneces-
sary to make any formal reply to the re
marks lust made. He thought the counsel
for the Government had been duly in
formed of the grounds Of the motion made
by his associate Judge Guild. ...--..
The Chief Justice said the suggestion OF
the District Attorney was that no formal
statement Of the reasons for the motion had
been filed with the. clerk. e. The Court had
been under the impression that the state
ment referred to had been filed. Certainly
it should have been done.
Mr.. O'Conor thought the affidavit filed
contained all that was necessary to inform
the counsel of the grounds of their motion.
To any ordinary intelligence 1t would be
clear from, that affidavit. The facts. stated
in the afidavit-to Wit, that Jefferson Da-
Wis had been member Of the United States
Congress, and had taken the oath to sup
port the Constitution Of the United States,
and afterwards engaged in rebellion
tainly indicated the ground of the molten.
The moment the counsel for MIR. Davis had
agreed to make the motion, the Attorney
General was informed by note of the fact,
the point to be made being conci5ely stated:
and apology made for the shortness of the
| notice. That note was received on Friday.
and was duly acknowledged by Mr.. Evarts.
and he then made no complaint of the in
sufficiency Of the notice for the purposes Of
counsel. There was only one point to pre-
sent, and there was, no prolixity about
the motion making necessary any great in
curry as to fact or law. The Attorney-Ge-
neral had notice several days before the
| matter was mentioned in court.
| Mr.. Dana did not understand for what
| purpose the learned counsel had just adj
| dressed the court if he did, not object tc
the suggestion made by the District Attor-
ney. On Monday last he had been first in
formed by telegram that his presence was
desired here to show cause why the indict
ment against Mr.. Davis should not be
quashed. When he reached Richmond he
had inquired for the ground Of the motion
and found only an affidavit setting forth
| that Jefferson Davis had been member oil
the Congress of the United States in lS45
and in that capacity had taken an oath tt
support the Constitution, of the United
| States. He did not see that this had any.
| thing to do with the Indictment, yet the
motion to quash must be founded on the in
dictment. If the defence wished the bene
| fit of the facts stated in the affidavit, they
must be either proved or conceded, and
then the defence must avail themselves Of
them by plea Of abatement. But The
| Government had no doubt OF the facts
proved, and stood ready to admit them, bu
! insisted that there should be writer
| statement Of the grounds upon which the
motion was made, 80 that the case should
be put upon basis of which counsel should
not be ashamed. If any new fact is i'm.
parted, we must agree to it, and then be
informed what use the defence intend tC
make of it. In conclusion, MIR. Dana pro.
tested that he did not wish any unnecessary
delay. .-.,, -,..-...r
Mr.. O'Conor said that the propriety
OF bringing this matter up by affidavit in.
stead of by special pleading WAS question
to come up hereafter on its merits. But
the defence would not object to placing the
grounds of their motion on record. While
his learned associate Judge 0uld) opened
the case he would draw the instrument,
having every desire to oblige the gentleman
on the other side.
The District Attorney (NIr. Beachl ex-
pressed wish that this should be. deter
mined before the argument commenced.
The Chief Justice said that the Court would
like 10 get through with the matter an soon
as possible, as the Supreme Court meets on
| Monday, and the Chief Justice ought to be