The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-05-11

Service u the Writ sf Habcas Cerpus On
General Burtsu--The Accused - b Surren-
dered % the Court ON Monday Ncxs-Fssrai
Onerisss 90 tho Davis Family.
FoRrRxss MoSRos, May 10, 1861
The vrit Of habeas corpus in the case Of Jefferson
Davis was served this morning on General Burton by
Marshal Underwood and Deputy Marshal Duncan Gen.
sral Burton rs decided 70 deliver Mr. Davis over 70 the
custody or the Marshals morning but afer
wards determined on obey the writ literally, requiring
him to produce Mr. Davis before the Richmond court.
Mr. Davis and family, General Burton and the MAJ
shas going take the steamer tomorrow Tor kcn'
nond and upon arriving there will stop q the spcs-
wood Hotel. 8h1
General Burton on Monday win personally produce the
prisoner in the court.
In the event Of mr.. Davis being re,sased by Judge
Undsrwsod under the writ he win BE- immediately re-
arrested and placed trial under the Indictment for
treason. M q Ns
Robert Oald and numerous other visitors reached here
this morning bearing bouquets and other presents 70
Mr.. Davis and his family.
The utmost interest and anxiety s manifested at Nor
folk respecting the probabilities OF the trial and release
Of Mr. Davis. sa'av 4, fi tatt.tt
The following IL copy Of General Burtons ordsrs
s,sai wAR DnsAnnmZ NAnnno1oH. Nay 9. 1851
Brsvsf Brgrdsr General q. g BuRres, y. 4 A.. Com
Handlog 0@osf = Fof1zun lGsn1cs;--..
Susresdsr Jsdsssee bsxS, 30 hsid confined under
say aalhoriy 4 FSEtss saros ssshs Oaiisd ssaass
e. :: ssss o:a e s T. r ss.
win report tho action taken by you in this ORDER and
forward copy Of the process served upon you 70 this
By order OF The PRESIDENT
Z p. 1OwasEu, Assistant Adjusans General
Chief Justice Chase . Preside az the Trial d
JeG Davis.
R1cHnosD. Va, March 10. 1867.
1t seems impossible 70 ascertain positively whether
Davis win b tried not To-day, in conversation,
Judge Underwood said that II the trial did not take place
It would be because Tie attorneys ON one side or
other not ready to proceed that tho Court wa
ready and The Chief Justice would preside. On the
other hand, Mr. Chandler. the District Attorney, ex
presses doubts 70 whether the trial win take place.
II is asserted BY one party that the Executive De
partmsnt does mot desire Davis 70 be tried a. al
while 1t Is anxious that he shall be released from mill
tary custody, and the responsibility for his further
detention his admission to bail shall be thrown
upon the Judiciary As the programme arranged
the counsel for the Government will not resist the dis
charge Of the prisoner from military custody, who win
that event be n arrested upon bench warrant
under the Norfolk indictment; which being DONE and
Governments counsel protesting themselves not ready
for trial. they will not resist the application o. behalf Of
the prisoner for admission ba-authorig for which
ID found IN the act Of September "a 1854 But tonight
Mr. Chandler proceeds to Washington to meet Attorney
General Ssanbery and Mr. Evarss where they
will have further consultation wien the Government,
and the three viii in any this city Sun.
day evening with course Of procedure finally marked
out
The declaration Of Judge Underwood that Judge Chase
will preside makes h probable that IL the latter 10 not
here on Monday, likely TO Be the case the
whole matier may be postponed until his arrival Z.
Davis Win b brought up BY special boat to-morov,
the purpose 70 bring him BY regular boat having besn
ahanaoned. Rooms Tor his rsccptien arc being pre-
pared at tho Sp0ttsWood. .lt-ssl
General sshoasla ana Mayov Nsys have sssusssss ne
various newspapers 70 notify he people MOI 70 assemble
on the streets upon the arrival Of ~. DsviA - n
lslnonsfatsn q any kind crowd WIN b allowed
GensrL Sch01sld he's tust recelsed dsapAioh fruna
NE fort % have carriages = Ricketts, tomorrow
ing for GenevaA BnrtOn anA Ss6ssspa Dash SO VIA
Davis viii occupy The q tbs 6potiswood thes
be did when ~ 1rA came here President Of the con.
federacy. Ih>re rnm0r IN circulation that be will
arrive ts-nisM It'll = apparently unfeunded ] " ls
The etasment hat the Orsnd JuFv have indicted the
propreofs Of certain nswspapen In this CITY IL utterly
without foundation No steps 10 that end have VIII
Ne taken. To-day TIE Grand Jury, after constellation
eth General shodsld refused 70 indict the street car
conductor for The sscsa q The negro scots Friday
lssi. vrtstsN a4 w $e4sar-sf, aefea et