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Robert E. Lee (search for this): chapter 1.7
tion of that fact. Around the court-room were thousands of men who had met danger and suffered loss. Each man felt that Davis had suffered vicariously for him. If Davis was a traitor, so was he. If Davis should suffer the penalties of the law, so should he. This it was which made the feeling so intense. The Southern people had profound respect for Mr. Davis personally, because of his pure character and intellectual abilities, but for him there was no such deep and abiding devotion as for Lee and many other of the military chieftains. Mr. Davis impersonated their failure; the generals their brilliant success as long as success was possible. When the victors charged him falsely with crimes abhorrent to his nature, put him under ward and manacled him as a felon, and then indicted him as a traitor, he became their martyred hero, and history will so record him. At the November term, 1867, Mr. Evarts, the Attorney-General, was present, representing the prosecution before Judge Und
of the United States to show cause why the indictment should not be quashed. On Thursday, the 3d day of December, 1868, the question arising under the rule were taken up in the Circuit Court of the United States, sitting at Richmond, with Judges Chase and Underwood on the bench, and the real and final trial of Mr. Davis began. There was not as much pomp and ceremony, nor as much dramatic effect as at the trial of Warren Hastings, nor has any such master of the art of word-painting as Macaulay ever described it. In some respects, however, the scenes were alike, despite the differences in the character of the prisoners and in the style of the crimes with which charged. In each case the prisoner at the bar was a man of high intelligence and strong will. Each had ruled an empire. Hastings had governed a vast territory with many millions of population, and had added a continent to the crown of England. Davis had been the chosen leader of eleven commonwealths, combined under him i
e was behind the scenes some adverse influence which was too powerful to be overcome, which Mr. O'Conor believed emanated from the Secretary of State, W. H. Seward. When Mr. Reverdy Johnson, the senator from Maryland, applied to Seward to help him in the effort to secure bail, Seward pointed to the scar on his neck, made by the knife of the assassin, and said: You can hardly expect me to aid you. On the 10th of May, 1866, the House of Representatives adopted a resolution introduced by Mr. Boutwell, of Massachusetts, instructing the Judiciary Committee to inquire whether there was probable cause for believing in the criminality alleged against Davis and others, and whether any legislation was necessary to bring them to a speedy and impartial trial. To this committee it was that Colonel Turner was assigned as Judge Advocate, and it was due to his intelligent and indefatigable efforts that the frauds which had been practiced upon the Judge Advocate-General in the matter of deposition
Charles Marshall (search for this): chapter 1.7
rit of habeas corpus. In reply, the judge tendered him the thanks of the court for his prompt and graceful obedience to its writ. He has thus added another to the many laurels he has gained upon the battle-fields of the country. Imagine Chief-Justice Marshall, who once presided in the same court in a great trial for treason, effusively tendering his thanks to anyone who obeyed the mandate of his writ. Inter arma silent leges had so long been the prevailing condition in the land that this debahy the dignity of the position. The Chief-Justice of the United States presided, and it is with pleasure that it can be recorded that he well maintained the functions of his high office. He occupied the same position which was held by Chief-Justice Marshall in that other great trial, when Aaron Burr stood indicted for treason at the same bar, and to his credit, be it said, he was equally just and impartial. The somewhat notorious Underwood sat by his side, but the arguments of counsel wer
Charles O'Conor (search for this): chapter 1.7
nited States. On the 2d of June, 1865, Mr. Charles O'Conor, of New York, wrote to Mr. Davis as folh of June. In this letter, after accepting Mr. O'Conor's kind offer, he made some reference to those of whom Mr. O'Conor wrote who had taken interest in his case. This was doubtless some natural elied, the correspondent does not inform us. Mr. O'Conor nevertheless acted as the leading counsel is on bail, or otherwise, were being made by Mr. O'Conor and others, there was behind the scenes somhe had a private interview with Davis and Messrs. O'Conor and Shea. To-day the four were together ed. Then Mr. Davis left the room, and with Mr. O'Conor on one side and Mr. Ould on the other, cametsylvania. Great publicists like Chase and O'Conor and Evarts knew that the law and the custom oesses, addressed only to the Chief-Justice. Mr. O'Conor, especially, ignored his very existence, anelected to appear for him on that day—Messrs. Charles O'Conor, Robert Ould, William B. Reed and Jam[17 more...]
J. H. Wilson (search for this): chapter 1.7
be endeavoring to cross the Ochmulgee, south of Macon. (104 War of Rebellion, 665.) On the 8th of May, Brevet Major-General J. H. Wilson wrote General Upton: The President of the United States has issued his proclamation announcing that the ebellion, 683 ) This reward was subsequently increased to $25,000. A very moderate sum for so gallant a gentleman. General Wilson also wrote General Steedman: Everything is on the lookout for J. D. His cavalry is dissolved, and he is a fugi his wife's clothes. That story was made up by a newspaper correspondent, but circulation was given to it by Major-General J. H. Wilson, who, in his official report to Mr. Stanton, the Secretary of War, on the 14th of May, makes the statement, sayteamer was convoyed by the United States steam sloop of war Tuscarora. The Secretary of War, on the 14th, thanked General Wilson for his vigilance in preventing the escape of the prisoner, and also thanked the gallant officers and men by whom the
lonel L. C. Turner, of the Bureau of Military Justice, was detailed to aid them. The witnesses to be examined were the same whose depositions Holt had secured—Sanford Conover, John H. Patten, Joseph Snevel, Farnum B. Wright, John M. Gill, Miss Mary Knapp, Mrs. Sarah Douglass, and William Campbell. Turner, with great industry and skill, first went to work to search into the character of those upon whom he was to rely to establish so heinous a crime. His report of his work is very interesting John Waters; is lame in the knee; works in a brick-yard near Cold Spring, on Long Island, &c. John H. Patten—true name, Peter Stevens; lives at Nyack, near Piermont, on the North river; is now a justice of the peace there. Sarah Douglass and Miss Knapp—the true name of one is Dunham, who is the wife of Conover, the name of the other is Mrs. Charles Smythe; she is the sister or sister-in-law of Conover, and lives at Cold Spring, Long Island; her husband is a clerk on Blackwell's Island. McGil<
Nelson A. Miles (search for this): chapter 1.7
General Halleck seemed opposed to it, but General Miles is instructed to have fetters ready if he f Rebellion, p. 565.) Under this permit General Miles, on the 24th day of May, wrote to Dana: Yesibility of his escape. (Id., p. 577.) General Miles and his apologists have always said, in de to keep up the mosquito net over his bed. General Miles, hearing of it, sent Major Muhlenberg to rourse, at once to answer it. Then arose in General Miles' mind a serious question as to the quo modlied with cautious liberality: Brevet-Major General N. A. Miles, United States Volunteers. Theat is now over, and he is as well as usual. N. A. Miles, Major-General Commanding. On reading tld not be a hero to make a martyr of him. Nelson A. Miles, Major-General U. S. Volunteers. Becan August, 1866, the President ordered that General Miles be mustered out of the volunteer service. or this, but may possibly be inferred from General Miles' protest written on the 24th day of August[8 more...]
Charles E. Wortham (search for this): chapter 1.7
o command a brigade, and one Mahone to be a major-general; fighting a battle near Petersburg in company with R. E. Lee and others, and another at Five Forks, all of which things were done traitorously, unlawfully, maliciously and wickedly. The various historic acts styled crimes, in this lengthy document, were proved before the grand jury by the following witnesses summoned for the purpose: R. E. Lee, James A. Seddon, C. .B. Duffield, John Letcher, G. Wythe Munford, John B. Baldwin, Charles E. Wortham, and Thomas S. Hayward. On the finding of this indictment the trial was continued until the 2d day of May, 1868, then to the 3d day of June, and then again until the fourth Monday in November, when it was arranged that the Chief-Justice should be present. This date was again changed to the 3d of December in the same year. During this delay the fourteenth amendment to the constitution was adopted and became a part of the organic law of the land. The third section of that article
Eppa Hunton (search for this): chapter 1.7
se, and upon the 15th of February, 1869, the following order was entered in the Circuit Court of Richmond: Monday, February 15, 1869. United States Vs. Upon Indictment for Treason. Thomas P. Turner, William Smith, Wade Hampton, Benjamin Huger, Henry A. Wise, Samuel Cooper, G. W. C. Lee, W. H. F. Lee, Charles Mallory, William Mahone, O. F. Baxter, Robert E. Lee, James Longstreet, William E. Taylor, Fitzhugh Lee, George W. Alexander, Robert H. Booker, John DeBree, M. D. Corse, Eppa Hunton, Roger A. Pryor, D. B. Bridgeford, Jubal A. Early, R. S. Ewell, William S. Winder, George Booker, Cornelius Boyle, William H. Payne, R. S. Andrews, C. J. Faulkner, and R. H. Dulaney, W. N. McVeigh, H. B. Taylor, James A. Seddon, W. B. Richards, Jr., J. C. Breckinridge, and Jefferson Davis. (two cases.) The District Attorney, by leave of the court, saith that he will not prosecute further on behalf of the United States, against the above-named parties upon separate indictments for tr
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