Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-07-22

his very existence and the chief JUS
tice seemed TO forget he was beside him
on the bench, except when. with the
affrontery OF ignorance, lie exercised
his right TO dissent. The late Robert
Whitehead. of Nelson, who was pres
ent. informed me that some time dur
ing the session OF the court, something
was said about the difficulty OF sccur-
ing an impartial jury to try Mr.. Davis.
of Richmond. Judge Underwood, with
n wave of his hand towards the gallery.
packed with negroes. said lac could
easily secure a jury. The suggestion
was treated by Chief Justice Chase
with the contempt II deserved
or the many counsel for Mr.. Davis
only four were selected to appear for
him on that day. Nlessrs Charles
OConor. Robert Ould, William u.
READ and James Lyons. and of these
Messrs. O'Conor and Ouid wcre cspcc-
tally selected to make the argument on
the motion to quash
FOR the government there appcarcd
the newly appointed District Attorney.
;. Ferguson Beach; Richard II. Dana.
r.. OF Boston, and II. Ii. Wells. who
had been the military anpointeao nc
Governor of Virginia. The Attornov-
General. Mr.. EVarts, was not present
IL being stated that official duties ron
dercd 1T impossible for him TO be prcs-
ent. 80
y demand was made for a written
apeciilcation Of the point upon which
me mntI=+f-ts- puaSh was made This
was soon written out by Mr.. O'c,ono,,
ana the argument was opened by nv
Ouid III n speech OF great clearness ana
logic. ''+''
AZ the close OF Mr.. Guilds speech the
chief Justice said that lie was not SIR
rrised. as intimated by Mr.. Dana at
the ground taken by the defendant,
The course Of the Argument he said.
was anticipated, as the point urged
was the common principle of con
5tructiVc repeal
MIR. Beach then opened for the gov
ernment. and Mr.. Wells and Mr.. Dana
followed on the same side.
Mr.. O'Conor closed for the defense.
on the close OF AIR. Wells speech the
court adjourned until the next day.
which was occupied by Mr.. Dana and
Mr.. O'Conor
ARGUMENTS OF GIANTS.
The arguments are set out very fully
ana carefully in General Johnson's
report of the case and were each re-
Eised by the speaker. The report was
not published until eight years after
me trial. but infinite pains were taken
lc secure absolute accuracy. Each
gentleman, both of bench ana bar.
had the opportunity 10 revise what was
reported as being said by him. Mr..
OCouor took especial pains with the
report of his speech and regarded it
as one OF the foundation stones upon
which his fame as lawyer would
rest. SO anxious was he that it should
present his views accurately that he
wrote to General Johnson. when he
sent the revised report back TO him.
begging that If the report had gone 10
press II should he destroyed and re-
printed and re-stcreotyped with his re-
vision and at his cost
1t would be an agreeable task to an
alyze these arguments, but this paper
IS already too long. Interesting and
instructive. as they are, we must fore
go tho pleasure The close OF the
trial was neither as dramatic nor as
exciting as the episode ut the time BAN
was allowed. and mir. Davis released
from the grasp of the military. There
had come over the public mind OF both
sections n belief that Mr.. Davis would
never be convicted. indeed, would never
be tried. and hence there was none of
that intense strain which had therefore
been felt.
UNDERWOOD'S EFFRONTRY.
The argument having closed on The
ith of December the court adjourned
until the next day. when it announced
what was we'll understood as the out