The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1886-06-27

BILE fashionable event, and attracted widespread
attention.
The bridal party made trip to the Pacific
coast, returning East in the autumn, reaching
Bloomington Oct 90 where they took up their
residence
In personal appearance Judge Davis was about
five feet and eleven inches high, had large, COM
handing form. broad expansive forehead, blue
penetrating eyes aud rather prominent nose
He had very pleasant address and superior
conversational powers. In his manner he was
disposed to be familiar, particularly toward
those who were modest in their demeanor and
seemed to need encouragement. he was very
companionable man and much devoted to his
friends He was a straightforward bust
ness man, and had the best judgment in
financial matters. An old pioneer, while writing
of Judge Davis, says eff were called upon to
state the leading characteristics Of the man,
would say they are honesty. will and concentra
tion.p
New York sun.
In October 1864. Lamdin P. Milligan, highly
respectable citizen of Indiana; Colonel Bowles,
veteran of the Mexican war, and one Horsey,
hostler. were tried by military commission in
indianapolis, on charge of treason, found guilty.
and sentenced to death. Indiana was peaceful
State and the laws had their full sway. The
men belonged neither to the army nor the navy,
and grand jury of the Circuit Court of the
United States was convened at Indianapolis at
the timo Of the arrest. Joseph E. Mcdonald
was counsel for the three prisoners. Vainly he
objected to the competency of the tribunal. He
then went to Washington to see President Lin
coin. MIR. President" said he II don't think
that you want to execute these men
mo, Joe" Mr.. Lincoln replied, 81 don't love
blood at ALL If other people loved it as little as
l n vp,1lA hn oaafo tan int pn~l6
I'll keep these men in prison while and then let
them CO."
Mr: Lincoln was about to release all political
prisoners when he was assassinated. Andrew
johnson became President He approved the
hndlng of the court-martial. and the men were
sentenced to be executed on May 10, 1865. On
the 10th Millgan petitioned the United States
Circuit Court, Judges Davis and Drummond, set
ting forth the facts, and praying for writ of
habeas corpus Judge Davis favored the grant
ing OF writ and Judge Drummond dissented.
Under an act of Congress, passed in 1902, this
disagreement sent the case to the full bench of
the Supreme Court for review upon request
Judge Davis certified it for review. Criminal
cases on appeal had precedence in the Supreme
Court But in this case the court did not meet
until December. The appeal could not carry a
stay OF execution, and, without stay, the men
would be over seven months in their graves when
the question came up before the court Judge
Davis came to the rescue He wrote letter to
ing the opinion that the Supreme Court would
practically decide against the authority of the
military commission, and asking for suspen-
sion of execution until the case could be heard,
in December. This letter was presented to Mr..
Johnson by Joseph E. Mcdonald. The Presi
dent read it and laid it on his table. "Its
technical question" he said. Il reckon theyr
guilty"
Mr.. Mcdonald began to call bis particular at
tention to the points in dispute in the case Of
Milligan, when the great American commoner
fred with indignation. "How is it that you say
nothing to me about Horsey?" be asked.
"Why, l appear for all three" MIR. Mcdonald
replied.
''Yes, but you don't mention his name" the
president roared. II know the reason. It's be-
cause he's oUe of the canaile-that's it. sir. By
heavens, I'll commute his sentence TO imprson-
ment for life. But Bowles and Millgan must
suffer-"
Mr.. Mcdonald begged respite for two weeks,
and returned to Indianapolis. But Andrew
johnson cid not forget his pledge. Horsev's
sentence was Immediately committed. Mr. Nc
Donald reported the result of his mission to
Judge Davis. Prompt action required, for
there was little hope of further leniency from
the President. The Judge took advantage of
his action in the case of Horsey. He laid the
facts before Governor Morton. He told him
what he thought would be the opinion OF the
Supreme Court. Horsey's case was already on
the docket with the others. If the opinion in
Horsey's case was favorable, and the other two
men were executed before it promulgated
it would make their execution deliberate muir
der, and leave lasting stain on the escutcheon
of Indiana. Governor Morton was too good
lawyer to hesitate. He turned the screw on the
President, and the men were saved. The SUI
preme Court decided against the validity Of the
military commission, and Judge Davis wrote the
opinion.