The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1900-08-08

the chief justice said that he was not
surprised, 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 construc.
tive repeal.
N1r. Beach then opened for the gov
ernment, and Mr.. Wells and Mr.. Dana
followed on the same side.
Mr.. OConor closed for the defense.
On the close Of Mr.. Wells speech the
court adjourned until the next day.
which was occupied by Mr. Dana and
Mr. O'Conor.
ARGUMENT OF GIANTS.
The arguments are set out very
fully and carefully in General John.
son report of the case and were each
revised by the speaker. The report
was not published until eight years
after the trial, but infinite pains were
taken 30 secure absolute accuracy.
Each gentleman, both of bench and
bar, had the opportunity to revise
what was reported as being said by
him. Mr.. O'Conor took especial
pains with the report of his speech
and regarded it as one of the founda-
tion stones upon which his fame as q
lawyer woul! rest. So anxious was he
that it should present his views accu-
rately that he wrote to General Joha-
son, when he sent the revised report
back to him, begging that if the re-.
port had gone to press it should be
destroyed and reprinted and re-stero-
typed with his revision and at his
cost.
It would be an agreeable task to
analyze these arguments, but this pa
per- is already too long. Interesting
and instructive, as they are, We must
forego the pleasure. The close Of the
trial was neither as dramatic nor as
exciting an episode as the time bail
was allowed, and Mr.. Davis released
from the grasp Of the military. There
had come over the public mind Of both
sections a 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 EFFONTERY.
The argument having closed on the
4th of December the court adjourned
until the next day, when it announced
what was we'll understood at the out
set would be the case, that the court
could not agree. Although not stated
in the order, it is known that the
chief justice held the point taken by
the defense to be good, and that the
indictment should be quashed, while
Underwood would have overruled the
motion and proceeded to trial. The
difference was that existing between a
learned and upright lawyer, who could
rise above political prejudice in an
assertion OF great principle, and an
Ignorant partisan, who permitted his
personal bitterness to guide his judi
cial finding.
The result of this disagreement Of
the Judges was that the motion TO
quash failed, and thereupon the case
was continued until the May term,
1899 1899. The fact of the disagreement
was certified by she Supreme Court
that it might be there decided.
This was the end OF this celebrated
cause. Later in December, 1868,
President johnson published hi. gem
eral amnesty proclamation, which, by
common consent, was held to cover
Mr.. Davis case, and upon the 18TH Of
February, 1859, the following order
| was entered in the Circuit Court at
Richmond:
Monday, February 10, 1867.
"United States