The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1869-01-01
Judge Underwood md the New York
Tribune. T4 ~
From the National InteTllcencer. / :


The Tribune has, we think, unwilling,
ly done quite an injustice to Judge
Underwood, which we take the the lib
erty to repair. Says that journal:
I'VE doubt thatit was erer possible TO
convict Davis of treason in civil court,
unless by excluding every active Dem
ocrat from the jury box. Judge Under
wood, who would have rejoiced to try
him with tolerable chance of success,
testified before committee of Congress
that no verdict could be obtained
against him in Virginia unless the jury
were packed for the purpose-which is
undoubtedly true. And that truth un-
doubtedly afforded enc of the reasons
for not trying him."
The implication of all this is, that
Judge Underwood thought there was
only one way to convict Mr.. Davis, and
that that way was inadmissible. On
this last point we prefer to let Judge
Underwood speak for himself, and to
this end we quote from his testimony in
the report of the Reconstruction COM
mittee, part I'd, page 10. The learned
Judge had given great deal of testi-
mony, Mr.. Howard being his interroga-
tor, and had inst expressed the opinion
highly important, doubtless, to the
legislation of Cougress-that Mr.. Davis
was not as popular in Virginia as Gsn.
eral Lee. We now give question and
answer: @'''''" ~
Question-"Could either be convicted
of treason in Virginiai (This to one
who would probably have To try the
caseD
Auswer-"Oh, no; unless you had q
packed jury" gngg-r .
! Question -"Could you manage to pack
a jury therei" 1t l.ftBl
-AnswerDI think il would be very
difficult, but it could be done. 1 could
pack jury to convict him; l know
very earnest, ardent Union men in Vir-
ginia." 80 -.
The italics are ours, but there our
part and property in this chaste COLO
guy ends. Every day we are becoming
more and more loyal as a peoples; one
day, probably, we shall be "trooly loil."
In that good time coming it will be re-
freshing to consider that such conver-
sation touching the quo modo of ''pack-
ing a juryn was seriously held by and
between loyal Senator and "trooly
loip Federal Judge, in the presence OF
a loyal committee on, whose, report
Congress finally acted That so much
progress should have been made as early
as the year of grace 1866, will be re-
garded as q set-off, we hope, to many
national short -comings. Why not
have this dialogue printed in the
school books, for children to re.
cite, 50 that they can learn, while
tender and impress;ble, the Radical the.
ory of morals, and what are the sort oi
ideas that 60 best with the ermine
The facility with which murderers
burglars, pickpockets, and the rest Of
the penitentiary convicts in Virginia
have been turned loose to prey on al
ciety is a fine stretch of loyalty, douk
less, but it is hardly equal to the VI
genuous virtue which -swore bep
High Heaven that a jury could be pE,,
ed BY the deponont. Great care sfld
be taken to preserve the recorS OF
i these transactions, so that whetf Ma
! cauley,s New Zealander comes ming
lhis antiquarian researches he NJ at
least light upon these monunats OF
public virtue, and thus learn thpaths
J of "peace."