New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1867-05-11

THE WRIT HABEAs CORPUS SERVED ON GEN.
BURToN-TIIE PRISONER TO Re IN RICHMOND
TO-DAl.
TsLseRAPH rHE TRiBrNn
FORTRESS MONROE, May 10.--The writ Of habeas
corpus in the case of Jefferson Davis was served this
morning on Gen. Burton, Marshal Underwood, and
Deputy-Marshal Duncan. Gen. Burton first decided
TO deliver Mr.. Davis to the custody of the
Marshals tomorrow morning; but afterward de-
termined on obeying the writ literally, requiring
him TO produce Mr.. Davis before the Richmond
Court Mr. Davis and family, Gen. Burton, and the
Marshals are going to take the steamer tomorrow
for Richmond, and upon arriving there will stop at
the SpOttswOOd Hotel Gen. Burton, on Monday,
will personally produce the prisoner III the Court'
In the event of Mr. Davis being released by Judge
Underwood under the writ he will be Immediately
rearrested and placed trial under the indictment
for treason. Robert Ould and numerous other Wis
itors reached here this morning bearing bouquets and
other presents to present TO Mr. Davis and his family
The utmost interest and anxiety is manifested at
Norfolk respecting the probabilities of the trial and
release of Mr. Davis. The following is copy OF Gen
Burtons orders:
WAR DEPARTMENT, WASHINGTON, May 8. 1867
Breret Brig Gen. H. s. BURTON, Z. S. A., Commanding
OGcer al Fortress Monroe.
The President Of the United States directs that you sur
render jefferson Davis held confined under military
authority at Fortress Monroe 10 the United States
Marshal Deputies upon any process which may issue
from the Federal Court OF the State OF Virginia You
VIII report the action taken by you In this order, and
forward copy Of the process served upon you TO TINS
Office. BY order OF the President,
f. ID. TOWNSEND Assistant Acknowledgement
TIE TRIAL-CHIEF-JUsTICE CHASE TO PREsiDE-EX-
CLEMENT IN RICHMOND.
RICHMOND, May l0.-It seems impossible to ascer-
tain positively whether Davis will be tried or not.
To-day in conversation, Judge Underwood said that
if the trial did not take place it would be because the
attorneys on side the other were not ready TO
proceed; that the Court ready and the Chief
Justice would preside On the other hand Mr..
Chandler. the District-Attorney, expresses doubts
as 10 whether the trial Will take place. III
is asserted by one party that the Executive De
partment does not desire Davis 10 be tired at all.
while il is anxious that he shall be released from mil
itary custody and the responsibility for ms further
detention or his admission TO bail shall be thrown
upon the Judiciary. AS the programme is now ar
ranged the counsel for the Government will not re-
sst the discharge of the prisoner from military Gus,
tOdy who will. in that event, be AT once arrested
upon a bench warrant under the Norfolk indictments
which being done. the Government counsel profess
ing themselves not ready for trial, they viii not re-
sst the application on behalf of the prisoner for ad-
mission TO ba-authority for which is found in the
act of Sept. "a, 1859 But tonight Mr. Chandler
proceeds TO Washington 10 meet Acknowledgement
StansbuTy and Mr.. Evarts, where tomorrow they
will have further consultation with the Govern.
ment and the three will in any event reach this city
marked out. The declaration 81 Judge Underwood
that Judge Chase will preside makes il probable that
Il the latter is not mere ON Monday. as now seems
likely TO he the case the whole matter may be post
poned until his arrival. The statement that
the Grand Jury have indicted the proprie-
tors of certain newspapers in this city is
utterly without foundation. No steps 10 that end
have or will be taken. To-day the Grand jury after
consultation with Gen Schohed, refused 10 ndct the
street-car conductor for the election of the negro
Scott on Friday last. Davis will be brought mp by
special boat tomorrow the purpose TO bring him by
regular boat having been abandoned Rooms for his
EesegG9 aES esFs SS sgS q W Sg9iisESg GsI
newspapers TO notify the people not 10 assemble on
the streets upon th arrival Of Mr.. Davis. as no
demonstration OF any kind nor any crowd viii bc
allowed Gen. Schofeld has Just received dirpatch
from the fort TO have carriages at Rockets tomorrow
evening for Gen. Burton and Jefferson DAVIS and
wife Davis will occupy the same room at the sPotts
wood that he did when he first came here as 1Iss-
dent of the COnfedeIacy There IS rumor IN clrcu-
lation that he will arrive tonight but II - appar
emily unfounded The present indications are that
there 1yi be no demonstration by the people on the
arrival Of Mr. I'is through Difference to the wishes
Of the authorities though there IS great Curiosity to
see him,