Evening journal., 1912-01-08
NEW NEWS OF YESTERDAY
The Judge Who Released
DaViS From Prison
By Holland.


told last week the story of how
Horace Greeley, Gerrit Smith, the ia
nous abolitionist, apd Commodore
Vanderbilt came to sign the bail bond
upon which Jefferson Davis was re-
leased from Imprisonment by the Fed
eral Court at Richmond in 1867 Each
Of the bondsmen qualified in the sum
Of one hundred thousand dollars, and
Mr.. Davis bail was fixed at one hun
dred thousand dollars. In the story I
alluded incidentally TO the part which
the United States Circuit Court Judge,
John c. Underwood took in these pro-
ceedIngs 1t was upon his decision to
admit Mr.. Davis to bail while a petit
tion for habeas corpus proceedings
was pending that the ex-President Of
the Southern Confederacy was re-
leased.
The first application for the release
of Mr.. Davis upon bail, made to Judge
Underwood in 1866, was followed by
the refusal Of the Judge to grant the
application, on the ground that his
court held no jurisdiction, as Mr.. Davis
was a military prisoner. Immediately
there was heard severe criticism that
the case should have been brought be-
| fore judge who was Northern man,
an ant-slavory man, one Of the most
enthusiastic Of the supporters of John
c. Fremont for President. The intima-
| tion commonly made was that so con-
| spicuOus a prisoner as jefferson Davis
| could not hope to receive any consid-
Grafton from a judge whose career
had been what Judge Underworld S
was
IL knew John c. Underwood well,
said the late Judge Noah Davis, of New
York, who gained national reputation
as the presiding judge at the Tweed
trial in 1873. g. know that the common
| impression at one time was that he
| was a Virginian who had been ostra-
cised because of his strong anti-slav-
cry views. But in my early days as a
lawyer | became acquainted with Tn
derwOOd he was a native Of Herki-
mer county, New York state and a
graduate of Hamilton College. He be-
gan the practice OF law at Herkimer
and while still a young man, was re-
garded as certain to have a very bril-
liant career He was an intimate
friend of Gerrit Smith, and imbibed his
/ anti-slavery ideas from that wealthy
abolitionist
Underwood health broke down
and he went TO Virginia to take uI
farming on a somewhat extensive
scale. He had not long been in Vir-
ginia before he was brought into close
relations with Thomas c Jackson, af-
terward famous as "Stonewall" Jack
son. do not now recall exactly what
the relationship was, but il was due tC
a marriage on one side or the other
Underwood returned north a veal
or two before the beginning of The
Civil War. Lincoln had heard of hin
as a Virginian who was an anu-slaver!
man. Seward knew him and, as Secre
tery OF State, offered MIN a profitabl
consulate in one of the South Ameri
can countries Lincoln said, however
that he would rather have Underwno
near him in Washington. and he ap
pointed him fifth auditor in the Trea
sury Department.
"A year or two later, Lincoln want
cd to reorganize, or reconstruct, tn
federal judiciary in that part of Viz
ginia, which was not under the con
troll of the Confederate government
Seward said to Lincoln Why not TAX
Underwood? He is a iirst-class lawyer
He is in thorough sympathy with al
that the Republican party represents
he knows Virginia thoroughly; and. il
addition to that. he is a near rela
tive, by marriage, Of "Stonewall
Jackson.
Those Endorsements are certainl
sufficient said Lincoln. i reckon h
will make a good Judge He therefor
nominated Underwood as judge of tn
federal district of Virginia, and a
soon as the war was ended the fedora
court was re-established at Richmont
and Judge Underwood went there {
live.
Underwood was really anxious {
find some legal way by which Jeffel
son Davis could be set at liberty: an
I have always suspected that it was n
who suggested to Charles O'Conor Jei
frcson Davis counsel, that If habea
corpus proceedings were brought. the
he would have the right to entertai
jurisdiction. although he did not fe,
that he had such right when the ear
lier proceedings for Davis release o
bail wore brought before him.
Copyright 1912. by E. J. Edwards
All rights reserved )
Tomorrow Mr. Edwards will tell {
THE Two Men Who Got Each Othe
a Cabinet Position"
- 49,