The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1865-07-11

Court with contempt In CulS Watler, tney
have the power, and will treat with equal
contempt any other process which the
Court might order The COnrt, there
fore, must submit to the supreme physi-
cal power which now holds the custody
of the petitioner, and declines to issue
an attachment, or to make any other or
der in this case"
At ten minutes to l2 o'clock, Major
General Hancock entered the Court with
Attorney General Speed, who apologized
to the Court fer the apparent delay IN
making return by General Hancock,
which was unavoidable. General Speed
then proceeded to read the return of
General Hancock, as follows:
HEADQUARTERS MIDDLE MIL. DIV.
WASHINGTON, D. c., July Z, 1865. !
To Hon. 4ndreT Wylie, Justice Of the NJ
preme Court of the District Of Columbia:
/ hereby acknowledge the service of
the writ hereto attached, and return the
same, and respectfully say that the body
of Mary E. Surratt is in my possession,
under and by virtue of an order OF An
drew johnson, President of the United
States and Commander-iA-Chief of the
Army and Navy, for the purposes in said
order expressed, a copy OF which is here
to attached and made part of this return;
and that | do not produce said body by
reason of the order of the President of
the United States, endorsed upon said
writ, to which reference is hereby respect
fully made, July 7, 1865. 70
W. S. HANCOCK,
Mai Gen. L s Vol, Comd'g Div.
The copy of the writ returned was ell
dorsed as follows:
EXECUTIVE OFFICE, July 7, 1865.
To Maj Gen. W. s. Hancock, Commanding.
Sc:
I, Andrew johnson, President of the
United States, do hereby declare that the
writ of habeas corpus has been hereto
fore suspended in such cases as this, and
do hereby especially suspend this writ.
and direct that you proceed to execnts
the order heretofore given upon the judg-
ment of the Military Commission, and
Won will give this order in return to the
writ. ANDREW JOHNSON, President.
SCENE AT THE GALLONS
During the morning hours the specta-
tors were not allowed inside the prison
ward but view waa obtained through
the grated windows of the rooms on the
lower floor of the penitentiary. Two
men were seen engaged with long lad
der completing the arrangement of the
noOses and the fastenings of the. stout
MANILA ropes to be used. Two of these
ropes were on one side of the central one
of the three supports to the beams. The
platform was surrounded by plain rail
Of plank, and flight of broad steps on
the east side of the gallows had SINH
lar railing of plank A pile of raw red
earth, within ten steps of the gallows,
and close to the east wall of the peniten-
tiary wall designated the spot where
the graves of the criminals were soon to
be. 1t must have caused an additional
sinking of the heart to the prisoners, as
they ascended the scaffold, to see their
open graves yawning to receive them
On the walls above was the long line of
sentry guards, pacing in their rope-de-
fined limits, aud on the ground, just
sonth of the gallows, stood the four coffins
of rough pine wood, ready for the recep-
tion of their bodies after the execution.
While the final preparations were be-
ing made for the execution, the prison
ers were busy in the last communion
with their friends and spiritual advisers.
Rev. DR.. Butler was with Atzerodt. who
appeared to be totally abstracted during
the reverend clergyman's exhortations,
hut shortly before IL o'clock he was seen
busily reading his Bible. Little could be
seen of the other prisoners, but their
spiritual advisers were yet busy with
them-Rev. A. d, Gillette, of the First
Baptist Church, with Payne Rev MIR.
L. Olds, rector of Christ Church, with
Harold Rev. B. F. Wiget, s j Rev j
A Walter, Catholic, with Mrs Surratt -
Mrs Surratt's daughter was with her
Throughout the morning, aud mp to the
Eaur of execution.
THE CELLS AND THE PRISONERS.
At quarter past twelve the sister of
Atzerodt, clad in deep mourning and
weeping bitterly, had all interview. At
.zerodt showed considerable emotion but
said little, and swayed his body forward
and backward
At half past twelve loud sobs from Mrs.
Surratt's cell told of the parting scene be
tween Mrs. Snrratt and child, and pres
emily Miss Surratt was supported from
her morther's cell in Mysteries of grief
Her sobs and cries were heard for some
moments until she had passed through
the iron gate and prison.
Several of the clergymen not immedi-
ately occupied with the prisoners. now
emerged from the cells and passed in the
passage, indicating that the fatal moment
was approaching
Mr. Doster, counsel for Atzerodt, at
this time had an interview with him to
ascertain if he had any parting wishes to
he executed At ID minutes to one the
chairs were removed from the prisoners
cells to allow them to pass unobstructed-
" About the same time the nOrtherly
door of the two opening from the cell
ranges upon the yard was opened.
A few minutes before one o'clock the
guard was drawn up in square around
the gallows. Still the prisoners did not
come forth, and various rurnors Of re
prieve for some Of the prisoners crept
around
1t was reported that strenuous efforts
were being made in behalf of Mrs. Sur
ratt; that Payne had made confession
generating her from all share in the
plot that the writ of habeas corpus ask
ed for by the counsel for Mrs. Surratt had
been granted; that General Hancock had
refused to execute it. and had been ar
rested, and that the President had ordered
his release.
The rumors were put to flight by new