Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1867-05-17


full head of dark hair, slightly grey, dark
moustache, and no other beard, aquiline
nose, and face indicative of great intelli-
gence and perseverance.
The Hon Mr.. Reed is tall and firm in
appearance. He wears beard, has sandy
hair, and bald on top of his head.
These gentlemen all occupy leading posi-
tions at the bars of New York and Phila-
delphia. They have been counsel for Mr..
Davis from the time the first effort was
made to bring him before court for Trial,
and have been indefatigable in their efforts
to procure for him trial before the court
His other counsel, Messrs. Ould and
| Tucker, are so well known to our people
| that description of their personal appear
ance is unnecessary. They occupy, and
have long done SO, leading positions at the
bar Of this city and Of the State.
DISTINGUISHED VISITORS.
In addition to the gentlemen already
mentioned, the Hon. Horace Greedy and
Augusta SchelI, Mr.. A. Welch and D. J.
Jackman came in and were seated in the
bar. Along side of Mr.. Greedy sat Mr..
John Mitchell It is probable that the
I>event Of yesterday brought to the mind of
this gentleman an occasion somewhat SINH
lar, when he was the prisoner and the
charge against him was that he was guilty
Of treason to the British Government.
The trial that followed his conviction,
sentence and transportation to Van Die
mans Land, his escape and residence in
this country his services to the Confedera-
CIV, and his subsequent history, are familiar
to all We have no doubt that his heart
felt congratulations were extended to the
iilustrious prisoner yesterday on the con-
clusion OF the trial.
The interest felt by all Of the gentlemen
present was unmistakable, and the fact
that many OF them were present on a mis-
sion, which was disclosed at a later hour of
the day, did great honor to their hearts,
and won for them the blessings OF all our
people.
ENTRANCE OF MR.. DAVIS
Mr. Davi, entered the court room accom-
panied by General Burton and United
States Assistant Marshal Dancan, and took
| seats especially provided, on the left side
OF Judge Underwood. The spectators dis
| played profound interest at this feature of
the proceedings.
Mr.. Davis was a short time after his en-
trance into court, provided with seat be-
! tween Messrs. O1ConOr and Reed.
Judge Underwood remarked: The court is hon
Ored on tbs occasion by the presence Of so many
If the nations nublest and bravest defenders. that
the Usual morning routine will Je omitted. We are
|
Burton.
There were cries Of s. sit down, - and cor
der must be preserved" by an officer of the
court.
The writ Of hubeus corpus sued out Of the
court, and allowed by Judge Underwood,
and which has already been published in
this paper, was then read. It bore the fol-
lowing endorsement:
= In obedience to the exigency of the within
writ | now here produce before the within named
circuit Of the United States for the district OF Nr
ginia, the body Of Jefferson Davis, at the time of
the service of the writ held by me in Imprisonment
at Fortress Monroe, under the military authority
of the United States, aud subject and surrender
the said Jefferson Davis to the custody jGrisdic-
ton and control of the said court, as direc-
ted to do by the order Of the President of the Uni
ted States, under date OF May 6th, 1867.
H. S. BURTON,
" Colonel and Brevet Brgadier General United
| "StatcS.'
Mr.. O'Conor said that On this return no reason
was stated for the imprisonment Of Mr. Davis,
| and ii remaiued for the court to take such
action WIS requisite, on the part Of the civil
authorities, TO bring the prisoner within the pro-
per limits to meet the Indictment.
The Court replied The return is explicit and
| satisfactory General burton receives the thanks
| Of the court for this prompt and graceful obedi-
ence 10 It's Wit. He mas thus added another to
| the many laurels he has gained upon the battle
| fields OF the country. He has illus rated the
manly qualities OTthe soldier Of the United States
IOr cGQrd2G IA the lace OF GanSef IS not more be-
| coming than ready recognition Of the claims Of
peace when the danger has passed
General Burton is now hOnorab!y relieved of the
custody Of the prisoner who passes into the GUS
tody of the court, under the protection of Ameri-
can Republican, law. If the laws are silent in
| arms they should be trumpet-tongued and oiDAip-
otent in peace. The marshal will now serve on
the prisoner the writ on the indictment now in
! this court.
Deputy Marshal Duncan accordingly
served the writ on Mr.. Davis, which the
latter acknowledged.
General Burton thanked the court for
the remarks which had been made in COM
pliment to him.
| MIR. O'COnor said counsel were now ready to OBJ
serve what the court ordered and what the law of
justice required at this time. In consideration of
c rtain circumstances which had been disclosed
ii court, and III consideration Of the very long i'm
prlsOnm6nt Of the accused he begged leave 10 say
the counsel in attendance desired to know wheth-
er there was any call upon them in regard to the
Indictment. They acknowledged that they had
receive a copy OF 1t, and were now prepared for
| the next step.
| The court remarked We shall be happy to
hear from the representatives of the Government.
Dir. EVarts-l deem 1t proper to say that rep
resent the Government this occasion and In
this prosecution, III association with my learned
friend, the District Attorney, (Mr. Chandler. y
&ir Davis, having passed from military lnprsOn-
to the control and custody OF this court, and
d Indictment is pending against him and he
is now under arrest it On remains for me to say
in behalf Il the Government, it is not it's iuten-
ton to prosecute the trial of the prisoner at the
pres Mt term Of the court.
Mr. O'COnOr-Ihe condition Of this case throws
upon US the duty Of presenting to your Honor's
consideration some Of the circumstances attend
liz, it, Mr.. Davis has been imprisoned and in the
power of the Government that any steps
thought expedient, Just and cOnsis tent with sound
policy might have been taken against him a very
long time ago. His Imprisonment commenced on
the 10Th of April, 1865.
In this court Indictment was presented
against him in May 1866. Mr.. Davis has been at
ali times since his Imprisonment, and particularly
during the last year or more of that imprisOn-
ment, exceedingly anxious to meet the questions
arising on any indictment which might be pre-
sent-d. He was exceedingly anxious to receive
the advantages and enjoy the rights which your
Honor has so eloquently and justly eulogized in
the address made with reference to General Bur-
tOn-the blessings and advantages of Just,
equal, fair and, may say, benigr-for that be-
comes the occasion administration of law. No
particular civil procedure has been on foot since
the Indictment was presented, and, although the
whole period of two years has elapsed since the
C 'mmencement of his imprisonment. On obvi-
Gus general principles and policy, an application
was properly made to the court, while at the same
time securing due responsibility to law and the
ends OF justice, to mitigate somewhat the pres
sure OF the prisoners condition. for all imprison-