Daily Richmond Whig. [volume] (Richmond, Va.) 1865-1869, 1865-07-10

nIss Surratt was with her mother several mourn
on Thursday night as also Rev. Fathers "Iee
| and Walter md Mr.. Brophy who were also pre-
/ aeut Yesterday morning. She slept very nttlei J.
| any, and required considerable attention suffering
with cramps and pains the entire night caused 6y
1 her nervousness. The breakfast Was sent TO the
prisoners at the usual hour yesterday morning
/ but lone eat excepting Hayne, who ate heartily
AN ATTEMPT TO STAY THE EXECUTION.
At an early hour yesterday morning, Mr.. Aiken
i one of the counsel for Mary Z. Surrat' spplleu
Il 10 Judge Wylie, of the Supreme Court OF the
District for writ Of hsbeas corpus TO stay her
execution. II was issued by the Court
1 The writ had been placed In The hands oil Tue
Il MaIshal who had returned the wit certified that
II had been served at hat past eight o'clock, A
NJ, and it is now thirty minutes past the hour,
/ and be made his statement in order 10 know Whsl
/ course the Court will pursue.
District Attorney Darlington said he had oui
/ necently heard of tue writ, and II appeared TO
Il him 10 be extraordinary. De had not sc IN the
i prisoter; did not know II she Is in the Court
and does not know il she will be brought into
court ,,
tried bv a legitimate court, condemned, ZEN
i fenced. and the sentence approved by the Presi'
dent. 1. Is too late 70 proceed 10 this manner
L ne was not prepared 10 enter upon an argument
upon the jurisdiction Of tn 1t court, but thought
the case came strictly under the Jurisdiction OF
II that court upon the that OhShSo "S'
| committed at time when military tribunals have
| proDer Jurisdiction in such cases.
| Mr.. Aiken thought lengthy Discussion out oil
| nlacs The return has not been made OF the body
OF Mary T.. Sunatt at the time. The prisoner
cannot be purged Of the charge without being
duly brought before this court. The grounds OF
petitjon are simply that Mary 4. Surratt Is prl
yate citizen, never in any military service. ii
she is guilty of any criminal crime 1t was cog
nizable by this court
Mr.. Darlington, alter reading the certificate OF
the Marshal ting forth IN u he had served the
writ at 8 l-2 O'Clock, said he was only to de-
fend the act of the Marshal, and the duty le'
nm red of linn by direction of the Court and he
found that the Marshal had performed his duty.
The Court-The case Is not now here on its
inertia I'd the petition of the party this morn
ing at an early kour directed this writ OF ha
beas corpus to issue. The writ was issued, and
was served upon Gen. Hancock, who has the Gus.
tody Of Mrs. Surrstt, the party on whose behalf
the writ was obtained. The writ re Iuired him TO
have the body OF Ms. Sunatt, with the cause Of
her detention before this Court this morning a.
10 o'clock. He has n elected TO obey the order
OF the Court, and the question now 67io us 49,
What ' the Court 10 do under the clrcum'
stances Y
That Is the only question before the Court at
this time ANY discus. ion on the Herits involved
would now be out OF place. The Court acknow'
lodges that its powen are inadequate TO meet the
military power possessed by General hancock.
If the Court were to decide at this moment that
General Hancock was in contempt the only pro-
ces, which il would issue would be an attach
meut for the disregard Of its authority. But why
issue an attachment against the whole military
mower of the United Statesl This Court acknow-
Lodges tn, the laws silent, and that II Is with
out lower III the premises and therefore declines
TO make aIy order whatever.
II there be disposition on the part of the
ha nj
civil courts, they will respect the writ which has
already been served. H. on the other hand, II Is
their determination - treat the authority OF this
court with contempt in this matter they nave l.. e
mower and will treat with equal contempt any
other Or cess which the Court might order. The
Cont therefore must submit 10 the supreme
physical power which now holds the custody Of
the petitioner and de lines 10 issue an attach
m,nt or to make any other order la this case.
Al ten minutes TO 10 O'clock, MAJ n General
Hanc Jck entered the court with Attorney Gene
raj Speed, who spologized to The Court for the
Mt delay in making r,turn by Gen. Han
COCK. which was unavoid ible. Gen. Speed then
proceeded to read the return Of Gen. Hancock as
follows
Washington, d. c., July 7, 1865. !
To Hon. Andrew Wylie Justice oil the supreme
Court Of the District of C0lu nbia
hereby acknowledge the service Of the writ
hereto att ,ched, and return the same, and re-
suec fully saw that the body Of Mary h. suratt is
IN II possession. under and by virtue Of an o!cer
of Andrew johnson, President Of TIE United
States and Commander-in Chief VI the Army and
Navy, for the purposes in said order expresses d.
CON of which is hereunt0 attached AID made
paft of this return; aud that do not produce said
BODY by reason OF tae order Of the President OF
the United states, endorsed upon said writ, to
which Iefe. ence is HEREBY respectfully made July
Z, 1865. ". 3. HANCOCK
EXECUTIVE OFFICE, July 7th, 1865.
To Maior.G Gene al W. s. Hancock,
Commanding &c:
/ Andrew johnson, President of the United
States do hereby declare that the writ Of habeas
corpus has been heretofore suspended in such
cases as this, and do hereby especially suspend
this writ, auo direct that you proceed 10 execute
the order heretofore given upon the Judgment OF
the Military Commission, and you will give this
order in return 10 this writ
ANDREW JOHNSON, President.
The Court proceeded to reiterate the views be.
fore expressed to Mr. Aiken, when he laid the case
before the court and concluded by remarkiUg that
NO further seps would be taken in the matter.
Attorney General Speed BRIEFLY reloined, com.
menting upon the distinction between the civil
aud military jurisdiction, showing the utter
impossibilily Of lighting battles carrying on war,
maint4iuing the Government in time Of war, &C.,
BY process Of law.
ANOTHER APPLICATION FOR HABEAs CORPUS.
Mr.. W. E. Doster, counsel for Payne and Aize-
rodt, also applied to the Court for writ Of ha-
beas corpus 70 have them brought before the
Cont The return Of Gen. Hancock had cot then
been made bat the Court stated that writ had
been issued for another party MIRA Surrstt) which
had not been regarded The Court, under the
circumstances declined 10 issue writ as pettioned
for.
TRYING THE DROP.
At twenty-five minutes past eleven an expert
ment testing the drop, was made with four Par.
rott conicai balls Of weight Of one hundred
pounds each. Two OF these weights were pla, ed
upon each drop. The props were then knocked
from under and the experiment with the MOTH
ern drop was satisfactory with the Southern
drop there was hitch. The experiment WIS re
peated with the drops until they worked per-
iectly.
TIE CoFFINs.
Just south Of the gallows stood al ominouS
looking pile of boxes of rough board. obloog, un.
% inted unplanej and of shoe box shape. There
were four OF them and they were for the con-
victs-one for Mrs. Surratt, one for Payne, one
for Hero!d and one for Atzerodt.
vIEw OF ATZERoDT.
Through the cobwebbed bars of the outer wall
of the cell range the members Of the press, gath
cred in the shady angle the!el could get view
into the interior of AtZerodts cell, No. Isl. He
was seated, leaning back against the wall, saying
nothing and looking 10 be in a sort Of doze. His
spiritual adviser, Rev. Or. Butler who had bten
with him all the long night continued his prayers
and eXhOrLalions 10 which Atzer0dt listened
without apparently needing. Shortly before ~
o'clock DR.. Butler left him for sh ut time, and
AtzerJdt was seen reading his Bible. he was
clad in white shirt and ntaloons.
Little could be seen OF the other prisoners, but
their spirtu 81 advisers we're yet busy with them.
Ms. Surratt's daughter was with her throughout
the morning, ana up 10 the hour OF execution.
DYING STATEMENT OF ATEERoDT
Atzerodt before gOiug to the gallows made the
| following stat ment;
He took a room OF the Kirkwood House on
Thursd ", in order to get pass from Vice Presi
dent johnson t. 20 TO Richmond. Booth was 10
lease the Richmond Theatre and the President
| was to be invited to attend 1t when VISITING
! Richmond aud captured there. Herold brongo!
MA nl md Ent n the aDOut b Alt-poSl