The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-05-14

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beyond the ri, wss thas Of General Ftxhugh Lea Near
70 The lawyers also were Governor Pisrpont and Mayor
Mayo, OF Richmond
nxuYKnnNr m TIE sTRyETB-DEPARTURB or
oaxR YR0n TEE HOTEL
In the street. the excitement grew as the hour sp-
preached for the departure Of Mr.. Davis from the hotel
70 the court Of trial The crowds In Main street
Increased in density The windows, roofs OF buildings
carriages and express wagons were occupied by
eager and excited spectators The negroes on
the sidewalks wore An undefnabo expression
OF countenance half pleased and half avrse TO evncng
any show Of sympathy They INDUCED In vari-
GUS expressions OF sentiment ludicrous and alb
surd, while others showed unmstakable desire on
the part Of the coored element for s,i further in
generation Of the great state prisoner The crowd
which patiently waited in front Of the hotel were con-
siderably disappointed at the non-sppeaxance OF Mr.
Davis at the hour set apart for his departure for the
court By an ingenious arrangement on the part Of
General Burton the prisoner was taken from side
entrance Of the hotel and driven rapidly away before
the anxious asembage in the front street knew OF his
disappearance
ARRIVAL OF JUDGE UNDERWOOD AND CALLING THE COURT
TO oRDER
At fifteen minutes past eleven Judge Underwood en-
tered, followed by Marshal Duncan. The Judge took
his seat immediately and the stslwa Marshal standing
on the dais beside him, said in loud clear voice.
'orderl Hear ye hear yel Silence is commanded
while the United States circuit Court is in session God
save the United States"
ENTRANCE or GENERAL BURTON WITH PRISONER
Five minutes later General Burton, tall fine figure
with full head Of irongay hair, and clad in full uni.
FORM appeared in the doorway left OF the judge
the prisoner leaning ON his arm. General Burton led
the prisoner to the place assigned pointed him seat
ana stood beside him. Some curiosity 10 see tho prs-
oner was manifest but there no disorder.
Judge Underwood then said-In consequence Of the
presence Of many Of the nations defenders the usual
morning routine will be omitted The Court he ready for
any communication from General Burton
suRRESDERNG PRISONER TO TIE COURT
When the Judge had concluded there was considera-
BILE anxiety manifested to hear what General Burton
bad to say, and number Of persons rose from their
seats to and hear better, when officer Of the
court cried out "St down-order must be preserved"
General Burton then came forward to the table 1t
which the counsel sat, leaving Mr. Davis. whom he
introduced to Mr. OConor. Mr. Davis then down by
the table quite at his ease resting his hands, dressed
with green kid gloves, upon the head Of his cane.
Mr. OConor, standing at tho end OF the table facing
the Judge, read the writ Of habeas corpus formerly
given and stated that the facts of it's execution BY the
Marshal was certified upon 1t. s4 .Ss@i
allowed by Judge Underwood, and which has already
been published was then read It bore tho following
endorsements
In obedience TO the exgency Of the within writ now
here produce before the within named Circuit Court Of
the United States for tho District OF Virginia. body Of
Jefferson Davis at the time Of the service Of the writ
held BY me IN imprisonment at Fortress Monroe q the
military authority the United States subject and sur
ton and control Of the said Court directed do
BY the order Of the President Of the United under
Colonel CoIs sSd s.:. Bgasr General q the d.d
Mr.. Chandler for the government said-Gsneral Bur-
ton comes into court 70 present his return, produces
the body Of Jefferson Davis. hithsses- hala y d.
military suthoritiss and hereby submiss him 70 the con-
sSoI and authority Of this Court a. hs has been COM
nanded 70 do BY the President q the United statsa
9 M. 0'Cosor uid--On this return. msy Is please
your Honor question arises 10 tho Legality Of the
former imprisonment We advised that there Il an
indictment against the prisoner this District and that
your Honor win take such course - may be proper in
the csse. r8 sss79 Es1>as c.
The Court replied return explicit and satsfac-
tory General Burton receives The thanks Of the Court
for this prompt and graceful obedience 70 ~ writ ID
he's thus added anoshs the many aure he hes gained
upon The battle Aslds Of the country He has lusatsd
the manly qualities Of ths soldier Of the United States
for courage the faoe Of danger 10 not becoming
than ready recognition Of the claims Of peace when
che danger has passed General Burton d nov honor
ably relieved Of the custody Of the prisoner who passes
into the custody Of the Court under the protection Of
American republican law. II the laws are silent In
arms they should DO trumpettoned omnipossnt In
peace The Marshal will the prisoner the
wit on tho indictment now in this Court.
SERVING THE WRIT UPON JEFFERSON DAVIS
Deputy Marshal Duncan advanced and handed .
paper 70 Nr. Davis, who arose and handed IL TO Mr..
o'conor. x.ssFssas. s .s1sss5,7gArss:.--
General Burton arose and addressed the Court In
acknowledgment Of the above complimentary phrases Of
the Judge.
Mr.. O'conor ssid-ws hope thai the Court win now
order such proper course ~ justice may require No
farther action could be asked by the counsel Of Mr.
Davis and, It remaining with the Court 70 institute
regular civil procesdngs be would acknowledge have
received copy Of the Indictment and would wish "a
know what further steps would BE- taken.
Judge Underwood said-Ths Court would b pleased
TO hear from the representatives Of the government
M Evars-I deem IL proper 70 cay that Represent
,ne government ON this occasion and in this prosecu
ton in association with my learned friend the District
Attorney. 49,
Mr.. Chander-Nr. Davis having passed from military
imprisonment TO the control and custody Of this court
and as Indictment 10 pending against him. and he 10
now under arrest, only RENAME for me- in behalf Of
the government 70 say not lie intention 70 prosecute
the trial Of the prisoner at the present term Of the
Court.
ADDRESS or o'oosoR, ASKING ron RAn.
Mr. o'conor-The condition OF this throws upo
M the duty OF presenting 70 your Honor's considers
ton some Of the circumstances attending It Jensrsor
Davis has been imprisoned and in the power Of the
government that any steps thought sxpsd,ent JUS
and CONSTANT with sound policy might have been taken
against him very long time ago His imprisonment com
menced the 10Th Of April 1865. In this court an 10
dictment was presented against him in May 1866 Mr.
Davis has been at all times since his Improvement,
and particularly during the last year or mors
Of that imprisonment, exceedingly anxious u
meet the questions arising on any indictment which
might Be presented He Was exceedingly anxious
to receive the advantages and enjoy the rights
which your Honor has eloquently and justly
euogzed In the address made with reference Genera
Burton-,hs blessings and advantages Of just equal
fair, and may say benign or that becomes the coca