The Morristown gazette. [volume] (Morristown, Tenn.) 1867-1920, 1880-09-22
The account continues /;


Gen. Hancock has been charged with disobeying
the writ Nothing could be further from the truth.
He obeyed the writ, far as he was permitted to
do so by the court itself, and so prompt was the
performance Of his duty, in the estimation Of the
court, that Judge Wyie complimented him on his
ready obedience to the civil authority, and dis
charged him from the process because Of his own
inability to enforce the order of the court, Gen.
Hancock's appearance before the judge showed his
respect for the civil process of the court and it be-
cams his duty to present to the Judge the order Of
the President suspending the writ, and to know
whether he would submit to reject the suspen-
sion. Judge wylie acquiesoed in the suspension Of
the writ stating that ''the POSSE COMErATUs of his
court was not able to overcome the armies of the
United States under the command of the Presi-
dent" There was not the slightest show Of any
disposition on the part Of Gen Hancock to resist
the civil process of the court, and had the Judge
deemed it best to make issue with the President
and refused to recognize the validity Of the suspen-
sion of the writ, and had ordered Gen. Hancock to
have produced before him the body of Mrs. Sur
raft, notwithstanding the order Of the President,
doubtless Gen Hancock would have attempted to
comply with that order of the court, and he, to-
gethcr with the Judge, have been arrested and
ever, did not extend any further, but the Judge
COMMUNICATED the General for his respect for the
civil authority.
With the suspension Of the writ and the refusal
of the President to grant respite all hope faded,
and we proceeded to the arsenal to take last fare
well of the doomed and innocent woman. On our
way we noticed cavalrymen stationed at points
along the line from the White House to the arsenal.
These we're couriers stationed by Gen. Hancock
orders to speed the tidings, should the President
the last moment relent and grant pardon and re-
urieye The final moment came, however,
without a pardon or reprieve. Gen. Hancock took
no part in the execution, Gen. Hartranft had
been specially designated blythe President to exc
cute the mandates of the military commission. The
order of execution was at length given by Gen.
Hartranft, and the solemn march OF death begun .
Before closing, desire to mention two other IN
teresting facts, the first, the Recommendation to
mercy signed by majority Of the commission; Sc
cond Payne's confession.
credible authority to acquit Mrs surratt, or at
least spare her life. To this the Judge Advocate
General objected, and in its stead proposed that
the commission render the Fame Judgment as in
the cases of PAYNE. Atzerodt and Herold with the
recommendation to the President for mercy in her
case. This course was finally adopted, the Judg-
ment rendered, and the recommendstiyn drawn
up and signed bp majoaity Of the commission
Andrew johnson averred on his honor that he
never saw that recommendation until two years
after the execution, whenJ sending Tor the papers
in the case he found it among them in a detached
form. 1t is doubtless true that the Fecommenda-
ton for mercy was not placed before the President
with the findings Of the commission az the Time
they were presented for his approval, but was re-
tanned by those in authority, who sought the blood
of this innocent woman.
THE secone fact is the declaration Of Payne made
on the morning of the execution to Gen. Hartranft,
the special provost marshal, and sent to the Presl-
dent by his order The statement, as taken down
by him, is follows:
''The prisoner Payne has just told me that Mrs
Surratt is entirely innocent of the assassination O
President Lincoln, of any knowledge Thereon.
He also states that she had no knowledge whatever
of the abduction plot, that nothing was ever SAID
to her about it, and that her name was never men
toned by the parties connected Herewith,
At the close of the letter Gen. Hartranft wrote
these significant words 81 believe that Payne mas
told the truth in this matter ="
Gen Hartranft hastily sent this dying esc ara
ton Of Payne to the President. 1t was, no VtYers
Of no avail. Her death had been determined on