New-York tribune., 1867-05-14


hghtened up his cOuntenance, and lie
seemed as happy as his friends around HIM. lie
went down stairs in company with Burton y. HaTTi-
SEN his former private Secretary. AS he reached me
bottom of the stairs some one yelled out, hats on,
and nearly every man uncovered. MI DaNIS ac-
knOwlcdged the compliment by uhcoVeIlhg anu NV wv
ing He was driven of amid the cheers OF the II
gniauS. Nain st. lined Win people anu t'eE
cheered and waved their hands and handkeIchelIs
as the carriage passed along 10 me MOTEL AS
soon rs Ar Davis reached his room the crowd was
after him. and nearly the whole afternoon was Seht
receiving the congratulations o. VISITORS InvIo @
were innumerable lunches OF flowers IN the room,
cOntributed by his lady friends With the exception
Of these demonstrations. everything was quet, the
people Iubilant but 1t looked as II thelr Demon
strati0ns were purely out OF respect 1or the released
prisoner Nh Davis leaves klchmond, to-hlghl' pci
steamer Niagara for Ncw-YOrll from whence he goes
TO Canada 20 see hls children
THE PROCEEDINGS IN COURT
STATEMENTS OF THE OPPOSING CoUNsEL-JtrDGE
UNDERwOOD's DECISION.
By TzLEeRArH THE TRIBUNE.
RICHMOND. Va, May 13--Judge Underwood en-
tered the court at IL o'clock this forenoon, and
having taken his seat, ordered the Court to be
opened, the crier proclaiming Hear ye! Gearye!
Silence is commanded while the Circuit Courts in
session. God save the United States The room
bad previously been crowded with spectators, lnclud
iuG few LADIES' ana number ol co3red fGla3IS WP VIC
lad been admitted by tickets IN an pTOnaoIy lot
more than 200. OWING 10 the limited caPacity OF the
court room. At side of the table. IN front OF The
Judges stand were Mr. Charles OCOnOr, the Hon.
Wm. b. Reed. and George Shea. ESQ, and on the
other MeSSrs. G. Randolph Tucker kouettOuid, ana
James Lyons all counsel for jefferson DAYS
United States iStrict-AttOmey Chandler and Mr..
VIM. NJ LVaYtS occupied seats near the gentlemen
last named, and appeared for the United states Gov
enment jefferson Davis entered the Court room
accompanied by Gen. Burton and United States As-
sistant Marshal Duncan. and took seats especially
provided Tor them ON the LETT of Judge Underwood.
The spectators displayed the most profound interest
Ar q
stated that IN addition 10 Others present were O0N
PieUepOnt and Gems. Schohed and Granger. and u
number Of members Of the bar and leading citizens
of Richmond jefferson Davis was, short time aiter
his entrance into Court, provided with seat be-
tween Messls. 0ConOr and Reed. Judge Under
wood here remarked:
"The Court is honored on this occasion by the presence
of so many OF the nations nobest ana bTaNts defenders
that the usual morning routine viii be omitted We are
now ready FOR any communication from Gen. Burtor.
When the Judge had concluded there was consider
able anxiety manifested TO hear what Nen. burton
had TO say. and number of persons rose from Their
seats TO and hear hetter, when IN officer ot the
Court cried out Sit down Order must be pre-
servedw The writ of haheas corpus sued out of the
Court and allowed by Judge Underwood. and which
has already been published, was then read. II bore
In obedience to the exrency Of the within writ
here produce before the withiunamcd Circuit Court OF
jefferson DAVIS AZ the ne OF me service OF e Wll' eiu
10y Imprisonment at Fortress Monroe, at the mil
der the said jefferson Davis 10 the custody jurisdiction
and control Of the said Court al am directed To DO 10y
OF May s. 1851 H. S. BURTON.
Colonel and Brevet BrieadierGener Of the
United States Army"
Mr. OCOnor said that on this return no reason was
stated for tie imprisonment OF Jefferson Davis and
il now remained for the Court 70 take such action AK
was requisite the suit of the civil authorities 10
bring the prisoner within the proper limits to meet
the bg PSisnt fdfan@ R ea SSREs SSG aERa1 EsR1sS
receives the thanks of the court for this prompt and
another 10 the many laurels he has gained upon the bat
tle-helds Of the country He has illustrated the manly
qualities OF the soldier OF the United States for
in the OF danger is not more becoming than ready
recognition of the claims OF peace when the danger mas
passed General Burton Is now hOnofaby teheVeh ot
the custody OF the prisoner who passes INTO the ct"dy
Of the court under the protection OF american pubhcah
law II the laws silent n arms they should be truln
pet-tOued and omnlpotent In peace. IhG Marshal WIZ
now on the prisoner the writ on the indictment
Deputy Marshal Duncan accordingly served the
writ on Jefferson Davis, which the latteHacknowl-
edged. Gen. Burton thanked the Court for the re-
marks which had been made IN compliment 10 Elm.
Mr.. OCOnOr said the counsel were now ready 70 oh
serve what the Court ordered and what the law OF
Justice required at this time. in consideration of
certain circumstances which had been disclosed IN
court and in consideration of the very long lmprls
Onment of the accused. he begged leave To say the
counsel in attendance desired to know whether there
was any call upon them. With regard 10 the IN
dictment, they acknowledged that they had re-
OeiVed a COPY of it, and were now prepared Tor the
next step. The COurt remaTked--"Ne shall be
happy to hear from the representatives, OF the Gov
eminent"
Mr. EparsI deem proper TO say that represent the
Government this occasion, ana in tins prosecution,
NJ. CAander-Sfr Davis having passed from military
Imprisonment TO the control and custody 9t tls court
and indictment Is pending against him, ana he Is
under arrest IL only remains for me IN behalf Of the
Government say, IL is not its iDtcRtOn 10 prosecute
the rial Of the prisoner at the present term o the court
Br. OCOROT-The condition Of this ciee throws upon
us the duty Of presenting TO your Honor consideration
Of the circumstances attending IT. Jefferson DAVIS
la. been imprisoned and IN the power o. ~ me
with sound policy, might have been taken against
on the 10Th Of April 1865 In this Court an indictment
presented against HIM in May, 1866. Mr. Davis has
been at m times since his imprisonment, ana particularly
during the last year or more Of that imprisonment ex
ceedngly anxious to meet the questions arising on any
indictment which might be presented He was exceed
ngly anxious TO receive the advantages and enjoy the
rights which your Honor has eloquentiy and Justly
eulozed in the address made with reference to Cen
Burton. the blessings and advantages of just equal
administration of law. No particular civil procedure has
fOotnce the indictment was presented although
the whole period of years has elapsed since the
mencement of his imprisonment On obvious general
principles and policy an application was piopeify made
the while at the time securing due fespOn
sblity TO Law and the ends Of justice to mitigate some
what the prisoners cOndtOn for all imprisonment ana
the holding OF the accused for trial adopted for the
purpose Of securing an answer and the personal appear
nocence comes fairly before the Court This is ample
reason on general grounds; Ihe 1onSI''aIon m nrn
fes3 10 reverence, insures speedy trial
Bf do not here to assert that speedy trial means
instantly nor to assert that the Government has not on
this as ON all other occasions, had reasonable time TO
prepare for trial DO not assert that considerations OF
policy and convenience may not have had their fuu
weight although they may bear oppressively on the in
divdila l do not complain that the GOyernment has
failed to prosecute year deferred action until the
present year. have such purposes because we are
bound TO respect the authority OF the President the
ATTORNEY and thejr associates and advisers and
only suppose there are public considerations for not pro-
e<edDe with the trial Immediately But, II your Honor
Elease Il Is fact that gentleman not very young and
nat remarkable for constitutional vigor whatever may
be said OF his mental goT has already suffered two years
Of imprisonment: and Il is fact That as far human
guarantees can be given for any man might say any
anon of securty for the appearance Ofhe prisoner
be farnshed We such pledgesfrom gentlemen
In every par OF the country OF every party and repre-
sentipG every shade OF opinion Gent smen who becOm
ing security for him, wOd profess but sentiment
and tpt not for him personally, who Ito the
al,adh