Evening star. [volume] (Washington, D.C.) 1854-1972, 1876-04-12
The Hallet kiibOUrn HabcaS CORPUS
Proceedings in Court To-Dou.
POstponement 20 Saturday.

SstFohcEhthU 10 S8tuYuaT.
This morning at ten O'Clock was the time
set Tor the return Of the writ OF habeas cor
pns issued yesterday on the petition OF Mr.
hslet hilbourn, the recusaut witness In the
zeal Estate Pool investigation, directed TO
Mr.. j. G.. Thompson, the Sergeaut-at-Arms
OF the House of Representatives of the Con-
| gress OF the United States. There was a
| great crowd assembled in the Circuit CO1rt-
room 10 witness me proceedings. Mr.. Tnomp-
| Robert Christy, out did not bring the rati-
Toner lkhbournl into court. For the petit
nOner appeared Hons. c. A. Eliredgs u w
| voorhees, and others.
OPENING PROCEEDINGS.
On the opening of the court the following
Mr. it 'g please T zone G baeT
| the Sergeant at arms OF inc House of Repre-
! sentat-ves is here. II your honOr desires to
| quite ready TO make a statement at this
| time. The Wit in this case was made re-
/ tuInable to-day at ten o'clock. Il is true the
| statute provides that the return shall be
! made within three days from and after the
/ lime OF service. or course that is p personal
| privilege which may be waived. ont of re-
>FeCt 10 the court, the Sergeant-at-arms has
! appeared 10 make explanation.
THE LAW IN THE CASE.
Ihe C0uTt-What is the language OF the
! Mr.. Christy.-It is found on page l42. sec
| ZION 40: l Will read il. Mr.. CnriSly then
ANY person to waom such writ is direct
| ed shall make due return thereof within three
! days thereafter. unless the party be detained
beyond the distance of % miles: and IL be-
| you'd that distance, and not beyond a dis
| taEce of 100 miles, within ten days; aud if
beyond the distance OF 100 miles, within
twenty days.
1t is true he might, if il De within the
range OF posi- bility, have the return made
sooner The Sergeant alarms deems 10 but
proper, olt OF respect To the court. that he
shOuld make an explanation why the writ
has not been strictly OOeyed this morning;
statlng The reasons, which reasons will, he
mas no doubt, be satisfactory 10 the court.
The COuTt.-Tne court will be pleased TO
near the Sergeant alarms, If ne has any
statement To make.
EXPLANATION BY THE SERGEANT ALARMS
The Sergeant at Arms (Air. John g.
1hOmpSOn) then came forward aud said
May IL please your honor, l have only this
statemen mt 10 make: OF course the court is
aware that am holding this prisoner by
order of the House, ana until its further
or0er. AS soon as this writ was served upon
me, went 10 prepare the papers, AID as soon
as prepared, sent q cOmmunicst ton TO the
House, through the Speaker, he being the
only medium through which | could address
the HouSe. The hour, however, was so late
mat the Speaker deemed il insufficient on
yesterday 10 give the matter that cOnsidera-
tion TO which Il was entitled, and, therefore
suggested that appear here this moraing
and MAKE this explanation. nave no doubt
mat during the day proper action will be
taken by Ine House III regard 10 the matter
THE TIME QUESTION.
The COuTt.-HOw long a delay is desired
or will cover the necessary PREPARATION for
the return?
Mr.. ChIisty.-I can promise Your honor
mere Will be no unnecessary delay. and Ger
taILly 10 intept tOnal delay. The papers are
NolumInous. We have not seen the petition |
As yet, but VIII at once examine il. An eE-
animation OF the petition may result in re- !
Sirictlng greatly the labor involved in aEz- !
log the return, II it be Of the character that /
am advised IL is. Il may avoid the neccS. |
Alty of having to prepare Il duly certified |
copy OF certain OF the Journal rec jris Of The /
House. l think, yOUT horror. it wDald suu- /
serve TIE interests Of all - have the time |
n1mtC in the statute granted to ue IT mo |
reiGfn can be made iu less time we VIII 30 /
advise the court
Tie Court Is there any So JuCSti0,o ON Tho 1
p2rt OF the REALTORS here?
C0tnSsL FOK KfLB0URN.
Mr.. Eiurgd ge.-If your honor please ] nave |
no doubt that the statute gives them the |
Time which they meDtiCn-the three DAYS ia |
tins caSe-the person being within twenty |
miles OF lie officer issuing the writ. ltscgIs /
10 ne, however, that they need rot require |
In Tie fist instance the full three days in |
old6r 20 make their return. II they but pre-
ent the prisoner at the bar OF the court, End
hen, on an examination of the papers, lind |
mar hey need a further time IN which 70 |
prepare an answer, that question can then |
re properly considered. BEt apprehent that |
The facts are 80 fully set forth in |
this petition that there will be no ne
costly for an answer on their part;
certainly not, unless they set up something
that has not yet been done in The case. 1t
To present ali the facts, so that there should
be 40 need OF ta king testimony, and so that
The only answer that could be made would |
be demurrer, or something in the nature
OF demurrer, to the petition itself |
We are anxious, of course, after the long
imprisonment which has been suffered by |
the prisoner, 10 have as early hearing as |
possible. There has been considerable DELAY
on our part in applying for the writ of hI5s0s
cC5lUS, surprising, believing and hoping that
the House OF Representatives, would, by their
officer, allow this court 10 exercise its iuris- |
dictiOh in bringing him here for trial on the
indictment which has been found against
him. We did not desire TO make uuneceS.
sary haste, because We supposed that obeli-
ence would be paid to thai writ,
Mr.. Christy.-I desire 10 say 10 the c0urt
that there are two defects, fatal, think, in
the suggestions of the gentleman. First. the
suggestion that they could relieve this officer |
OF the necessity of a return, or could waive /
tue necessity of formal and complete |
return again
The Court-Tne Court is going TO grant |
such time as is reasonable and convenient |
TO make up this return, If you VIII suggest |
when that is.
Sergeant-at-Arm ThOmpsOn.-I think by |
Friday al - o'clock we can be ready.
The COUrt.-Let il be POStpol6d until that |
time.
POSTPONEMENT TO SATURDAY.
II being suggested that next Friday was a
legal holiday, the further cOBSl ieratiOD OF tue
matter was postponed till SATURDAY at 10 a
H., and the crowd thinned out.
THE CHICAGO CROOKED WHISKY TRIALS.