Evening star. [volume] (Washington, D.C.) 1854-1972, 1875-01-16
EEWEN IN COURT.
Proceedings before Judge Macarthur
To-day

At one o'clock to-day the hearing Of the
haheas corpus case OF K p. Irwin. the recIs-
SAINT Pacific Mail witness. in custody OF tho
ScTgcant-at-ATmS. was resumed before
Judge Macarthur. There was a larger crowd
present than on the previous days. and there
was q great desire 10 Sc the prisoner. At I.25
O'Clock =. IN. Mr.. Ordway and several of his
officers entered with the petitioner. VINO was
attirCd ia suit of black cloth, with dark
gloves. Mr. Irwin shook hands with Mr..
IuTant. OF his counsel. and taking q seat
bhSleu himself in reading a paper, which Ia
subsequently made oath 10. SIR. oriway
pioduCet a roll OF manuscript (Said to b.
eight yards III length) and made AFFIDAVIT
Al - o'clock p. ~. the court having re-
summed its session, Mr.. ShelIabarger said that
alter the proceedings yeStar lay the action al
ne court hat been report d To the House OF
representatives. and they ha! adopted a res
Oluilon on the subject, which me read. and
SAID IN pursuance 10 that action they had
brought into court the body OF the prisoner.
Judge Fisher then read the return of Mr..
brdWay. which sets forth the proc riinEs
taken by the House of Representatives in Or
GtIihs ,3 me arrest. &c. ana closes by stating
that petitioner i lawfully held by him; sub
mits that the issuing of the writ was improy-
idCrt and in abTO@dtiun of the rights and
priv ilcges OF the House of Representatives..
ana ASKS that the petitioner be rem1ndei To
his custody.
Mr.. purant, on the conclusion of the read
ing. said that under section $50 of the Il ,vi@at
STATUTES. the petitioner might deny The ale
CATIONS OF The return, and embracing the
privilege so given. had prepared q denial.
(Which he was about To Tea1.1
Mt Shellabarger said that they had now
reached that point at which the Suprcmn
Court Of the United States in the case OF
Booth had stayed proceedings.
The Court said that under the Revised
statutes the petitioner had the right to
answer the return, and he would hear IL.
Nj. Durant read the answer OF the petition
or to the return that said return is bad i'm
law, and there is no COOL ground 10 keep him
longer in custody: that the speaker on tn
9Th of January said he deemed il his duty 70
certify the fact OfIrwin'S contempt To the Dis
tTict Attorney, reading the law, and the
House took no further action: that the
Speaker had certified the fact to- the Di>tr.ct
Attorney; and that this action exhauStS tn
Whole legal power of the House over the bD L
Ol the prisoner, and ne can b. held for m
other purpose than for tine action OF the grst7tt
jury. and he maintains that II" j. entitled -
give bail and he relieved from custody.
MI. purant said that perhaps Judge Fisher
would not object to stating whether the case
Eai been certified 10 him.
Judge Fisher answered that ne had received
the certificate referred to, and at the same
time he claimed that they had fully an
SWcrCd, and there was no further step except
10 remand the prisoner 10 jail.
NJ. DuTant said he would like to argue the
case at length.
Judge Macarthur set Monday at 70 o'clock
for the argument. and the petitioner was
sent back 10 Jail number Of friends accom-
pdDying him.