The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1865-07-14

eight and 9 half O'CLOCK, at the Metropolitan
(signed) G. COOLING,
U.h Marshal, d. C.
The Marshal, thirty minute. Afterwards.
returned the writ, certifying that it had
been served, in order to know what far.
Their course the court would pursue Dis.
trict Attorney Darlington thought the
proceeding extraordinary; that the paltv
had been tried by legitimate court, the
sentence approved by the President, and
it was now too late to proceed in the mat
ter without entering into an argument
upon the question. He thought the case
came strictly under the jurisdiction OF the
Commission, upon the principle that the
defence was committed at time when
military tribunals have proper jurisdiction
in such cases.
Mr.. Aiken said the return had not been
made at the time. She could not be
purged of the charges without being duly
brought before the court. The grounds
of the position were simply that she was
private citizen, never in any military SER
vice. If she was guilty Of any crime 1t
was cognizable by this court.
Judge Wylie then said the case is not
now here on it's merits. On the petition OF
the party, this morning at an early hour /
directed this writ of kabeas corpus to be
issued. The writ was issued and was
served upon Gen. Hancock, who has the
custody of Mrs. Surratt, the party on
whose behalf the writ was obtained. The
writ required him to have the body of
Mrs. Surratt, with the cause of her deten-
ton, before this Court this morning at 10
O'Clock. He has neglected to obey the
order of the Court, and what is the Court
to do under the circumstances That 10
the only question before the Court at this
time. Any discussion of the merits in
volved would now be out Of place. The
Court Acknowledges that its powers are in-
adequate to meet the military power pos
sessed by Gen. Hancock. If the Court
we're to decide at this moment that Gen.
Hancock was in contempt, the only process
which he would issue would be an at
tachment for the disregard Of its au-
thority but why issue an attachment
against the whole military power of the
United States? This court acknowledges
that the laws are silent, and therefore
declines to make endeavor whatever.
If there be q disposition on the part Of
the military power to respect the authority
of the civil courts, they will respect the
writ which has already been served. II,
on the other had, it is their determine
ton to treat the authority of this court
with contempt in the matter, they have
the power and will treat with equal con-
tempt any other process which the court
might order. This court therefore must
submit to the supremacy of the physical
power which now holds the custody Of the
prisoner, and declines to issue attachment
or to make any other order in the case.
GEN. HANCOCK IN COURT.
At ton minutes to twelve O'Clock Major
General Hancock entered the court with
Attorney General Speed, who apologized
to the court for the apparent delay in maxi
ing return by General Hancock, which
was unavoidable. General Speed then
proceeded to read the return of General
Hancock, as follows:
HEADQUARTERS MIDDLE MIL. Dlv'Nl
WASHINGTON, July 2. 1865. :
To Hon. Aadreav WyIe, Justices of tie Supreme
Court Of tie Distyscs Of Cohsss6so:
thereby acknowledge the return of the writ
hereto attached, and return the same, and re-
specially say that the body of Mary e. Sur
raft Is In my possession under and by virtue Of
United States, and Commander-in-chief of the
Army and Navy, for the purposes in said order
expressed, q copy of which is hereto attached
and made part Of the return, and that do not
produce said body, by reason of the order of
the President of the United States endorsed on
said writ, to which reference Is hereby respect
J1ly = 1865. W. 8. HANCOCK.
Major Gen. U. 8. Volunteers, Commanding
THE INDICTMENT.
The following is the endorsement upon
the writ:
ExECur1vE OFFICE, June Z, 1866.
To W. S. Hancock, Comm0sding, &C..
/, Andrew johnson, President of the United
States, do hereby declare that the writ of hobeas
corpus has been heretofore suspended in such
cases as this, and do hereby especially sus-
pend this writ and direct that you proceed to
execute the order heretofore given upon the
JuuS0Cnt VI SuO uAu1bs1Iy COIlul6olOu, aOQ you
will give this order in return to this writ.
ANDREW JOHNSON.
The court reiterated the views before ex-
pressed, and then remarked that no further
steps would be taken in the matter, and was
briefly responded to by Attorney General
The counsel for Payne and Atzerodt also ap.
piled for writ of ho6eds corpus In their cases
but were refused upon the ground that q SINH
lar writ In Mrs. Surratt's case had been disre.
garded.
TRAGEDY IN ALBANY.
ALBANY. July 10.-Much excitement was
created at East Albany this afternoon bv the
shooting of prisoner In the Police Court
room. Last Friday afternoon, two girls nam
ed Ann and Bridget Barns went to the woods,
a short distance ffom their homes to pick Der.
ries and were seized by four men, who repeat
eddy violated their peasons. Bridget who is
but fifteen years old, cannot live, it is said.
Soon after the crime was publicly known, Lew
Is Major aged forty years and his son were ar.
rested and recognized by the girls a. their as
sailants. This afternoon they were taken be.
fore the Police MAGISTRATE for preliminary on.