The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1880-09-09

G0lt1u, yltttrsday, Sept.
AS we could not obtain an audience
with the President, the aid of distin'
guished gentlemen was sought. They
too, were foiled.
1t must not, however, be forgotten that
a noble woman, pushing aside the bayon'
cts of the soldiers, NAMED admission to
the President. Alasl her burning words
and queenly presence could make no i'm
preston for the innocent. Irefer to Mrs
Gen. Williams, at that time the widow Of
Senator Douglas,
Our next movement was, in company
with the daughter, to go to the Judge
Advocate General and implore his serv.
ices in her behalf. Notwithstanding be
had conducted in chief the trial, we tho't
that, touched by the unutterable woe Of
the poor girl, the plying chords of SYM
pathy might find responsive echo in
his heart. Our plea was in vain, His
heart was chilled, his soul impassive as
marble. Upon her bended knees, bathed
tears, the forlorn girl besought him 10 gC
to the President and beg reprieve fol
three days-three days more of life for the
mother about to be murdered by the
strong arm of the Government Finally,
to close the scene, the Judge Advocate
General agreed to meet us at the Execu'
tive Mansion att given time. We reached
there at the appointed time, He had
gone before us, and was just emerging as
we came.
He said: I" l can do nothing. The Pres
ident is immovable. He has carefully
examined the findings of the Commits
sion, and has no reason to change the
date of the execution, and you nigh as
well attempt to
'ovERTURN THIS BUILDING
as to alter his decision" We left in des.
pair and te egraphed the situation to Hon
Reverdy Johnson, requesting his imme'
diate presence. He was at home i'll Bal
timore City, and teIegraphed the follow
ing reply: 1T is very late. There are nc
trains to carry me to Washington City
Apply for a writ Of habea8 corpus and take
her body from the custody of the military
authorities, We are now in a state oi
peace-not war"
1t was now nearly midnight, and this
was our last hope. But to whom should
we apply for the WRIT What Judge on
the bench was bold enough to assert the
sanctity of his ermine and preserve il
pure in the face of populsr Clamor and
the well known spirit Of lawlessness that
characterized those in authority We
determined, nevertheless, to make the
attempt, and, although past midnight
proceeded to prepare the petition, upon
which, as we supposed, hung the life OF
death of our client. We never fer mo-
ment doubted the efficacy of the writ
cauld we prevail upon it's issue.
Completing our labor, we drove imme'
diately to the residence of the Hon. An.
drew Wylie, and, just as the clock tolled
the hour of two in the morning, rang the
front. door bell. A window above us was
raised, and tie we'll known coiCe of the
Judge greeted US with the query, "What
do you wantP" We answered, Import
ant business of judicial character, upon
which hangs life or DEATH" The window
was closed, and in few moments the
Judge admitted US into his ctu9y, clad
only in mis- dressing gown, the weather
being warm. The Judge listened attent'
lively to each sentence of our petition
which was of some length, immovable
sitting like statue in the glimmer of the
gaslight overhead, not interrupting US
once during the whole of the reading, and
the brief argument that followed. AT its
conclusion he took the paper, and quietly
remarking, please excuse me, gentle
men," retired to his chamber.
Our hearts fell within us as he closed
the door behind him, as we conceived the
idea that he was about to reject the petit
tion, and, being in an unclad condition.
had gone to put his clothes on. In afew
moments, however, he returned with the
papers in his hand, remarking: Gentle
men, my mind is made up, l have al
ways endeavored to perform my duty
fearlessly, as l understand 1t. | am con-
strained to decide the points in your pc
tition we'll taken. am about to perform
an act which before to.morrow's sun goes
down may consign me
TO THE OLD Capitol PRISON.
1 believe it to be my duty, as judge, to
order this writ to issue, and" (taking his
pen) Il shall so order it," With many
thanks we received back the papers, and
carried them in person to the clerk of
the court, who made out the writ in ac-
cordance with the order of Judge Wylie,
and al O'Clock in the morning we placed
it in the hands of the United States Mar
shal, with the request that it be served
Immediately upon General Hancock, the
Commandant of the Military District in
which the body Of Mrs. Surratt was con.
fined.
The Judicial act of Judge Wylei, per.
formed in the face Of reckless passion.
which, in that sanguinary hour, would
have swept all forms Of law, remains
fadeless in its luster, and, touched with
the mellow hues of time, stands brightly
forth, crowning with garlands the closing
years of that brave man who, in the face
of .bayonets, "dared to perform his duty
as he knew it,"
All! we'll would it have been for the
judicial history of this country had that
"writ of writs" been obeyed. and the sd
cred majesty of the law maintained
The U. S. Marshal served the writ upon
Gen. Hancock. The President and his
ill.advisers, believing, however, that Gen.
Hancock would undoubtedly obey the
writ, assumed the illegal authority ofsus-
pending it. Gen. Hancock appeared in
obedience to that summons, before Judge
Wylie, accompanied by the Attorney.
General of the United States, who, as the
of the President, present
ed to the court the following return,
which was an executive order suspend
ing the writ of habeG8 corpus, to-w.t:
FypcTrTIUE 0EFTCE