Evening star. [volume] (Washington, D.C.) 1854-1972, 1865-07-07
THE EXECUTION
FULL DETAILS,
Conduct of the Condemned.
Their Parting with Friends.
Last Confessions Of Atzerodt.
His Dying Words on the Seafold.
NyI.o NIL Coo,>o
Last Confessions of Atzerodt.
The Final Scene.
RABEAS CORPUS.

1uC HUI DVOuCs
HABEAS CORPUS.
To-day, before JudgeWylie, the Court having
been opened. Mr.. Aiken addressed the Court.
A writ of habeas corpus was issued by the
Court, in the following words:
DISTRICT OF COLUMBIA to- within the mat
ter of Mary T.. Surratt. Petition for habeas
corpus-The President Of the United States, To
Mo Tor General w. S. Hancock, commanding Mill
7ary Dirision-4reeting: You are hereby COM
manded to have the body OF Mary Z. Surratt
detained under your custody, as 1t Is said,
together with the day and cause OF her being
taken and detained, by whatever name she
may be called in the same, before the Criminal
Court of the District of Columbia, now sitting
at the City Hail. in the city of Washington, at
the hour of ten o'clock a. m, this seventh day
OF July, 1865, to do and receive whatever shall
then and there be considered of in this behalf,
and have then there this writ.
Witness ANDREW WYLIE, one of the Justices
OF the Supreme Court OF said District, the 18th
day of July, 1865.
Certified Served on General W. S. Hancock
1t the Metropolitan Hotel. at half-past eight
O'Clock a. m, by DAVID s. Go9DINs,
The writ had been. placed in the hands of the
Marshal, who had returned the writ certified
that it had been served at 81 o'clock a. m, and
it is now thirty minutes past the hour, and he
made this statement in order to know what
course the Court will pursue
District Attorney Darlington said he had but
recently heard of the writ. and it appeared to
him to be extraordinary. He had not seen the
prisoner; did not know if she is in the court
and does not know if she will be brought into
court.
MIR. c. thought that after the party had been
tried ~ legitimate court, condemned, SEN
fenced, and the sentence approved by the Pres
10 mt, ii is too late 10 proceed in this manner
He was not prepared to enter upon an argu-
nent upon the jurisdiction of that court but
thought the case came strictly under the juris-
diction of that court upon the principle that
the offence was committed at a time when
military tribunals have proper jurisdiction in
such cases.
Mr.. Aiken thought lengthy discussion out of
place The return has not been made OF the
body of Mary L. Surratt at the time. The
prisoner cannot be purged of the charge with
cut being duly brought before this court. The
grounds of petition are simply that Mary E.
Surratt is private citizen, never in any mill
tary service. If she is guilty of any crime it
was cogniza5le by this court.
Mr.. Darlington, after reading the certificate
of the Marshal, setting forth that he had
served the writ at s>I o'clock, said he was only
TO defend the act of the Marshal, and that the
duty required OF him 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
merits. On the petition Of the party this morn
ing At an early hour 1 directed this writ OF
kabeos corpus to Issue. 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 detention before this
Court this morning, at 10 o'clock. He has
neglected to obey the order of the Court, and
the question now before is, sfWhat is the
Court 10 do under the circumstances"
That is the only question before the Court,
ut this time. Any discussion on the merits in.
volved. would now be ont Of place. The Cour,
Acknowledges that its powers are inadequate
to meet the military power possessed by Gent
Hancock. If the Court We're to decide at this
moment that General Hancock was in contempt
the only process which it would issue, would
be an attachment for the disregard OF its an
thority. But why issue an attachment against
the whole military power of the United States
This Court acknowledges that the laws are 81.
lent, and that it is without power in the premi.
ses, and therefore declines to make an order,
whatever.
If there be 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 hand
il is their determination to treat the authority
of this court with contempt in this matter, they
have the power. and will treat with equal con
tempt any other process which the court might
order. The court, therefore, must submit to
the supreme physical 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 10 O'clock, Maj. Gen Han
cock entered the court with Attorney General
Speed, who apologized to the Court for the ap-
parent delay in making n return by Gen. Han
cock, which was unavoidable. Gen. Speed
then proceeded to read the return of Gen. Han
cock, as follows
HEADoUARTERs MIDDLE MILITARY DIvIs.
ION, Washington, d. c., July y ls65.-To Hon.
ANDREW Wylie, Justice of the Supreme Court of the
DistTiet Of Columbia: hereby acknowledge the
service OF the writ hereto attached, and return
the same, and respectfully say that the body of
MARY T. Surratt is in my possession, under and
6y virtue OF an order of Andrew johnson,
Presldentoi the United States and Commander.
in-Chief OF the Army and Navy, for the pur-
poses in said order expressed. COPY of which
Is herefo atac4eo and made part of this :
turn; and that do not produce said BODY bv
reason of the order OF the President of the Uni
ted States, endorsed upon said writ to which
1856. w. $. HANCOCK,
DISTRICT OF COLUMBIA, to- within the mat j..
ter of Mary f. Surratt. Petition for habeas
corpus-7he President Of the United States To
Mayor General W. s. Hancock, Commanding Md.
ole sion--ireeting:-You are hereby COM
manded TO have the body OF Mary E. Suryatt
detained under your custody, as, 1t is said to-
Rether, with the day and cause of her being
taken and detained by whatsoever name she
Court of the District of Columbia. now sitting,
az the City Hall In the city of Washin eton at
the hour OF ten o'clock a. m, this seventh day