National Republican. (Washington City (D.C.)) 1872-1888, 1875-01-18
THE HABEAs CORPUS CASE.
The Body Of Irwin in COurs-AnOthsr POStpOn


m1nt
The case Of r. B. Irwin, held by the Sergeant
alarms Of the House Of Representatives In the
jail Of the District Of Columbia, aud now relator
in an application for discharge under habsas Ger
Pus, drew Q large crowd to the Criminal Court
room soon after noon on Saturday. The Ser
geant-at-Aims, Mr.. Ordwsy, came into court
with Mr.. Irwin q few minutes past1 o'clock. Mr..
Irwin took his seat alongside Mr.. Durant while
Mr.. 0rdWay seated himself In the rear Of his
counsel, Messrs. ShellsbarRer and Fisher.
Judge Macarthur, who had taken q short re-
cess after hearing previous case, took his seat
on the bench at 1s2o O'Clock, and Mr.. Shellabar-
ment, which the court was kind enough to take
yesterday, the House had passed Q resolution
lIeadinE the resolution pubIlshed) yesterday.
That resolution directed the Sergeantrat-Arms to
make legal return to the writ. He then added:
. Tvs now make that return, the body Of the rsla-
The Judge then proceeded to read a number OF
resolutions, orders, &c. in relation to the refusal
Of Irwin to answer on his commitment.
section 100 Of the Revised Laws Of the United
States, which provides that on the return OF q
writ OF hdoedS coTpus the relstor may produce
the return. He wished to suggest TO the court
that upon the disclosure OF the facts which showed
the relator to be in the custody Of the House Of
Representatives, ell tho arguments made yes
terday on the presidents in the case Of Booth and
others would apply, and the eoart would now
COubLIu0 InAI u 1hQ arrived at the point where,
In the languageoitbe Supreme Court, rthe judge,
or the court which had entertained the writ of
habeGs corpus, would stop all further proseed-
The entrance Of the Jury in the Norwood case
here tnterfered for moment with the proceed
ings.
What do you wish, Mr.. Durant? Is It to fIe the
pleadings under the statute?
Mr.. Durant That ia exactly what wish to do,
your Honor.
Mr.. Durant then read the replication to the re-
turn, which is In effect that information OF IrWIns
tTict Attorney, With view Of presenting the case
to the grand jury, and that this was waiver Of
all right to further hold the relatOr on the war
rant Of the Speaker Of the House.
The District Attorney admitted that the facts
had been certified to his office for prosecution
under the act Of Congress, but said that the coun
court could take no further step than to recon-
NIT the prisoner to the custody Of the Sergeant
alarms.
The Court. Yes, understand the position of
counsel, but will hear argument to the applI-
cation OF the statute to this case. II the urlsdic-
commit Z respondent will follow, but here it is
claimed the Jurisdiction had lspsed.
Judge Fisher then read the return.
Judge Fisher inquired whether the argument
would be confined to this one subject.
Mr.. Durant. shall claim as large q charter as
the wind to blow on when you chose.
The case was then adjourned until Monday |
morning at 10 o'clock.
The only point in the case which seems to |
OOtner the court Is WneLner. as SHOWN by the /
proceedings thus far by the House, they can un- |
Ter the law punish him twice for the same |
ofence. which they are virtually attempting to |
10 by his Incarceration on their order, and the |
certificate Of the proceedings from the Speaker, |
with a demand that the District Attorney shall |
present him for indictment: This would to many |
certainly seem to be q dual punishment, and for /
hat reason the counsel for the plaintiff insists /
hat by the certificate Of the preparation Of the
,tence to the law officer the House waived its au-
hority to hold the prisoner for contempt, either
Turing its pleasurCI0r until final Adjournment.