Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1902-12-05
PRESIDENT DAyIs,s TRIAL.
circumstances Leading Up to the
Entering OF the NoIlc Proscaui.

/ circumstances Leading Up to the
Entering OF the Nol1c Proscqui.
To the Editor Of the Dispatch:
The effort recently made by Mr.. John
S. Wise to indict before Federal court
the State of Virginia through its Constr
tutional Convention recalls to my mind
an incident connected with the futile at
tempt to fix the stigma of treason upon
all of the citizens OF the late Confederate
States through their President. While !
will not undertake to give dates the facts
are substantially these:
Ex-Presideut jefferson Davis was under
bail 10 appear whenever summoned before
the Federal court. but at the time l
refer tc. was absent and out OF easy reach
by telegraph. The court was In session
in Richmond and Chief Justice Chase was
present. sitting on the bench with the
notorious Judge Underwood. His presence
caused comment as apparently there was
nothing of special interest before the
court and it was quite certain that Mr.
Davis would not be called upon TO appear
for trial. His counsel. however. were on
hand and keenly watchful of his inter
est. Mr.. Charles O'Conror of New York.
and Mr.. William B. Reed. of Philadel-
phia. were in Richmond to confer with
Messrs. James Lyons and William II.
Mcfarland.
The court had been in session for one or
two days. when I was invited to meet
Chief Justice Chase at dinner at Labur-
mum. the residence of Mr.. Lyons. I went
there with Mr. NIacfarlard and by APP
pointr1ent we arrived somewhat in adj
vance Of the hour named for dinner. Mr.
O'Conror could not come as he was en-
gagged in some necessary work prepara-
tory to the meeting Of the court on the
next day.
The other gentlemen named above rs
counsel for Mr.. Davis. were present. how
ever, and I soon found that they had be-
fore them the treat ment OF an overture
made by the prosecution. District Attor-
ney Beach representing the United
States) to allow the issuance of no1le
prosequi and thus terminate the attempt
to establish the charge Of treason. The
trial OF Mr.. Davis would have been for
his life and I found that 1T had been de-
cided by his counsel that their duty to
their client required that they should
avail themselves Of this opportunity TO
withdraw him honorably from the peril.
When / was informed of this I ventured,
with due Difference. however, to then
sense of obligation to their client whom
they could not reach and from whom,
therefore they could obtain no instruc-
tons under the novel state of affairs. tc
say that in my opinion as one of millions
who had been no less and no more guilty
Of treason than our respected President.
it was not proper that the risk of life
on the part of one should weigh at all
as against the certainty. now made clear
er than ever. that the virdication of ali
of us and Of our cause would be the re-
suit Of a trial under the laws and Consti-
tuition of our country.
This view. however. was not taken by
the eminent gentlemen who had the re-
sponsibility of acting for Mr.. Davis and
on the next day he was made free man.
with no stain upon his character. but the
question involved in which so many were
interested as participants with him in the
guilt. if guilt there were. WIS left without
judicial settlement and 1 suppose will
never have 1t.
From my knowledge of Mr.. Davis and
Of his character I have always felt con-
WINGED that If he had been consulted in
the matter he would have insisted on a
different course.
Unless Mr.. Beach be living there is no
survivor other than myself OF those who
were at this dinner which we'll remern-
Der as one at which the representatives or
two radically opposite political views met
with feelings Of high mutual regard and
esteem. 3.