National Republican. (Washington City (D.C.)) 1872-1888, 1875-01-15
THE RECUsANT WITNESS, IRWIN.
Notion to Revoke the Writ Of Habeas COrpu
Question of Dignity,

A Question of Dignity.
Before IMr. Justice .MacArthur came yes
terday Sargeant-at-Arms OrdWay, Of the House.
of Representatives, with his counsel, Messrs
Fisher and Shellabarger.
Mr.. Durant. 1 object to hearing the case argued
over two or three times, and I demand that the
motion Of the counsel for Mr.. Ordway should not
be considered until the body of Mr.. Irwin il pro-
duced to meet the exigency Of the writ. There
could be exception taken to the petition, for no
the prisoner was in court by substituting this
motion for a return, and ask the Court that the
counsel for the Sargeant-at-Arms be required to
The Court. The return Is not yet made, and,
therefore, the contingency in which the necessity
for the production Of the body occurs has not yet
occurred. II motion to duash is admissible in
this case, It would seem, in the natural sequence
Of things, to come before the return.
Mr.. SbellRbarger submitted motion in writing
that the writ be revoked and the petition Of R.
b. Irwin be dismissed.
He said that this motion was the only one
which would keep each Of the jurisdictions In
this District from o conflict with each other.
The right OF every Independent jurisdiction to
control its own contempt cases has been long
MI. Durant move that this motion be sum
marily dismissed as contrary to all practice, and
necessarily involving the merits OF the commit
ment in a preliminary proceeding.
The Court OveTruled the motion of Mr.. Durant,
who noted an exception.
The Court. do not think that bill of eXcep-
ton lies here. Your remedy is by ceTtiorGri.
District Attorney Fisher argued the motion to
revoke the hGbeGs corpus, but had not proceeded
far when, Judge Macarthur said it must be
evident to counsel that this motion cannot be dis
cussed without going at length into the merits.
think the far better practice to adopt.
THE MOTION ovERRULED.
MI. SheIlabarger. Then, if understand your
Honor, the motion is oVerruled.
Judge Macarthur. Yes, will overrule the
motion formally.
Mr.. SheIIabarger said will then ask for an
extension of tune, within which the Sargeant-at-
Arms can make return to the writ-a short de-
lay of twenty -four houTs-sO that may have an
opportunity to inform the House OF Representa-
tives of the issuing Of the writ Of hdbeGS corpus
and take their order thereon, that proper means
may be taken to
vIEDICATE THE DIGNITY
OF the House Of Representatives. II no instruc-
tiOns are given, then counsel Will take the re-
spOnsibility of doing what to them seem right.
Mr.. Durant objected to any delay. He did not
deny the power Of the House Of Representatives
traOrdinary extension Of the ordinary custom OF
the House to order the imprisonment in the
common jail Of q sick man, certain to be injured
by imprisonment, notwithstanding the certificates
Of three Of the leading of the city that
such imprisonment would be seriously prejudi-
cial to the health Of Mr.. Irwin. After this man
was confined in prison the committee had sent
the Surgeon Generals Of the army and navy, who
had reported that his physical condition was such
that Imprisonment was likely to be Of serious
injury. This report is suppressed from the House
of Representatives, which would not continue the
imprisonment if they had known it. This is not
punishment;
1T IS PERSECUTION.
The House would doubtless direct obedience to
the writ Of the court. If not then the crisis will
come, as we will see whether the liberty Of the
citizen is at the mercy Of committee Of the House
Of Representatives. 1t is Just we'll for the
court TO meet the case now as tWenty-tOur hours
hence.
Mr.. SheIlabarger rose to reply, but the court
said argument was useless; he would grant the
delay.
Mr.. Shellabarger. Then don't want to make a
speech except the purpose of that buncembe for
which the above speech was delivered and III not
make one.
Mr.. Dufant. You must pardon something to
the wilt of liberty.
The Court. / think the request for a short de-
lay is q reasonable one.
Mr.. Duraut. i aeQuissce most cheerfullY in the
decision Of the court.
The O3urt. The case will be adjourned until
tomorrow morning at II o'clock.