New-York tribune., 1875-01-15
IDELAY IN IRYINs TRIAL.

ON Saturday.
DELAY IN IRvlN'S TRIAL.
ARGUMENT IN THE CRIMINAL COURT UPON THE
WRIT OF HABEAs CoRPUS-P0s rPoNEMENT OF
FURTHER PROCEEDINGS UNTIL TO-DAY.
WASHINGTON. Jan. 14-Eleven o'clock to-day
was the hour the OF the writ Of habeas cor
pus directed 10 Ordway for the produo
ton OF r b. Irwin. the Pacific Mail witness,
before Judge MoArthur and at that hour there was
large attendance In the Criminal Court room. The
counsel for petitioner were promptly In attend
ance, but 1t some time after the hour
before counsel for the Government Dudge Fisher and
Air. shcllabarger) appeared With Mr.. 0rdway. Irwin
was next brought into court Messrs. L. ]. Durant j.
w. Moore aud p Culver appeared for the petitioner
Mr. 0sdway having " the roturD. Judge Fisher
was abOt read 1t when Judge Duant said he deemed
IL necessary, as he was not familiar with course OF
practice here 10 ask that return be entertained until
the respondent complies with the order made by tho
production OF the petitioner and he road the writ Mr.
6bellsbsrger said his friend was premature, as the
papers to be considered full return, but were
point the person in ths custody OF the
House OF Representatives He claimed 1t was compe-
tent to show that the custody in the House Of
aud to produce tho body would disturb
that custody.
Mr.. Durant said the point was whether the order
should be compiled with Jidge Macarthur said that
the writ iR tile usual form. Judge Fisher said In
the case OF Nagent in ls4o, the body OF the reator
was not produced, and IN the Of Bell recently,
the same officer (Mr ordwav) did not produce the
body before Judge Wye. who held II was not necessary
70 produce the body Judge Macarthur said IL not
his design to Interfere with the House OF Representa-
yut NC m SScon '"o o, hn hoa the Court
should conclude the House OF Representatives had not
Jurisdiction, how could the judgment OF the Court be
enforced " the reator not PRESENT.
Judge Fisher said was competent for the respondent
60 show that the Court had not Jurisdiction and had no
he read from the case OF J. T. kearney IN the
ported In Wheaton, SS He claimed that the
House Of Representatives court Of compe-
court to that body. Judge Macarthur, after recOguz
ing the principles IN The case e. cited SAID t1s nN Se
suspended. except IN time OF war and II was the night
petoner and he was clearly OF the opinion that the
body of the relator must be produced.
Mr. Sheabarger called attention to the papers which
we're motion to dismiss the suit, and be argued that
motion. Mr. Durant opposed the motion. citing num-
the motion. Mr. sbeaharger then moved that further
proceedings be pos p9ned until tomorrow, and TINS
subsequently had a consultation with the Committee on
Ways and Means, the result Of whose action was em-
bodied Ia the resolution passed by the House.
THE KING OF THE LOBBY" on THE STAND.
NOTHING OF IMPORTANCE LEARNED FROM C. C.
CHAFEE, GARDNER G. NEUTRALITY-SUSPICIOUS.
BURRET's FREs-sAMUEL WARD, THE LEADER OF
TIE LOBBY PAID $3,000-A DESCRIPTION OF THE
HARD LOT OF LoBBYIsTs-coNTINUED WORK
AND ONLY OCCASIONAL wINDFALLs-THE Po-
TRNCY OF GOOD DINNERS.
WASHINGTON, Jan. H-The Ways and Means
Committee resumng the investigation Of the Pacific
Mail subsidy matter to-day, examined c. c. Chafee,
a physician residing in Washington, and as
eertained from his testimony that he was In
no way connected with the subsidy movement,
received no money whatever from the Pacific
Mail Company, or sUy agent thereof and knew Of no
persons having received money except exPOstmaster
General Randall who. after the bill passed. mentioned
the fact to him. Several members OF the Committee ex
pressed surprise that this witness had been summoned
whereupon the Chairman (Mr. Dawes) stated that IL
was in consequence Of rumors which had reached him.
Gardoer G. Hubbard testified that he was here in
1871 advocating the postal telegraph was not employed
by the Pacific Mail Company any agent thereof and
never received dollar or knew OF any money
being disbursed in Washington on their account; (;
he was friend OF Irwin met him iu California In 1862
and there received much friendly attention from bin
and the other officers OF the Pacific Mail Steamship
Company; be rendered the movement for increased
subsidy In 1872 some aid because he believed
10 to be very important object for the
welfare OF the Pacific Coast and OF the entire
country, but he gave this assistance casually. by
expressing bis opinions and from mercenary consid
GRAFTON whatever he said he must confess, however
that when he heard recently what large OF money
had been expended be very much surprised that he
got none.
James G. Berret, lawyer and exMayOr OF this city,
"a next examined. He testified that IRWIN employed
him as counsel aid in presenting tho strong points OF
the case be received retaining fee of o. 600 and at
Irwiu's request carried O retainer Of $500 to Sam
ward: subsequent to the passage OF the bill
witness received from Irwin, through Chss Albert,
$500 more, making $4,000 In all which divided
follows: $1,000 to Samuel Ward IS 200 TO himself and
5000 10 his brother Joseph H. Berret OF NewYork, who
assisted him by making inquiries, &c, TO the coDd
Of the bill from tiRe to time. Witness
was satisfied that the measure would pass, and
that it ought TO, the matter had been COM
mended 10 Congress three four times by t1e
President Of United States and by the Postmaster
.nera and also by the Secretary Of the Treasury and
.be subsdy already granted had been more than re-
turned by the impost duties arising out Of the trade
which IL had developed. He spoke to several members
Of Congress about it, Gov. Swami Of Maryland among
others.
@ DID you convince hmi A. Oh he was already
convinced He took broad. statesmanlke view OF the
question. like myself.
Witness IN conclusion, swore that his relations with
the movement were purely professional and were not
al all disguised.
NOTED LOBBYISTS TESTIMONY.
Samuel Ward, famous for his grand entertainments
and coDyvial qualities, was the most amusing and
frankyspOken witness that has yet helped TO enliven
tho proceedings OF the C0mmttes His testimony was
es follows: ...
BY MI. Kass0n suppose you were summoned in
consequence or your name having been associated in
connection with the distribution OF money for Pacific
Mall snbsleyi A. received isuoPena about an hour
O therefore the Committee desires to state how