This petition was signed by five members (a majority) of the court, and although not constituting a part of the record, was presented along with the record by the Judge Advocate General to the President. The record was carefully considered and discussed by the President and a full cabinet, when, without a dissenting voice, the sentences of the Commission were confirmed, and the prayer of the petition was rejected. Mrs. Surratt's counsel then sued out a writ of _habeas corpus_ to take her out of the hands of the military authorities, and thus to secure for her a civil trial, or perhaps an entire release, after the President had approved the findings and sentence of the court. The President had set the 7th day of July, 1865, as the day for the execution of those who had been sentenced to death, and had given orders accordingly to the military officer under whose charge they had been placed. On the forenoon of that day, on the application of Mrs. Surratt's counsel, Judge Wylie, of the Supreme Court of the District of Columbia, endorsed on her application:-- "Let the writ issue as prayed, returnable before the criminal court of the District of Columbia, now sitting at the hour of ten o'clock A.M., this 7th day of July, 1865. [Signed] "ANDREW WYLIE, "_A Justice of the Supreme Court of the District of Columbia_. "July 7th, 1865." This writ was served on General Hancock, who had custody of, and was charged with the execution of the prisoners, and who, accompanied by Attorney General Speed, appeared before Judge Wylie in obedience to the writ, on which the following return was made:-- HEADQUARTERS MIDDLE MILITARY DIVISION, WASHINGTON, D. C., July 7th, 1865. To Hon. ANDREW WYLIE, _Justice of the Supreme Court of the District of Columbia_:-- I hereby acknowledge the service of the writ hereto attached and return the same, and respectfully say that the body of Mary E. Surratt is in my possession under and by virtue of an order of Andrew Johnson, President of the United States, and Commander-in-Chief of the army and navy, for the purposes in said order expressed, a copy of which is hereto attached and made part of this return; and that I do not produce said body by reason of the order of the President of the United States, indorsed upon said writ, to which reference is hereby respectfully made, dated July 7th, 1865. The order of the President, made a part of the above return, is as follows:-- EXECUTIVE OFFICE, July 7th, 1865, 10 o'clock A.M. To Major General W. S. HANCOCK, _Commander, etc._:--