The Evening critic., 1882-03-23
MASON'S PETITION
FOR A WRIT OF HABEAs CORPUS

which Mason Rests Efs Plea For
nclcase-An Interesting and Inn
portant Documcnt-NiceQ Questions
Presented.
Messrs. James NJ. and william NJ. Lyddy, OF
New York, special counsel for Sergeant Mason,
were at the United States Supreme Court to-
day, preparing petition TO be nled tomorrow
for writs of habeas corpus and certiorarl In
Mason's behalf. The application is based on
petition sworn by Mason. Mr.. James NJ.
Lyddy will tomorrow apply for the right to
file the petition, and the court will take the
papers on that motion and probably announce
on Monday their opinion rs to whether the
petition can be filed or not. II IL is, then n
day will he set for argument on n rule TO show
cause why the writ should not Issue, or the
court may order the rule to issue at once.
Acknowledgement Brewster Will conduct the
case for the Government. The petition is ac.
companied by copies OF the order convening
the court-martial, the specifications and
charges against Mason, copy OF the findings
and OF the sentence, and his final commit
ment. The following are the papers proposed
to be nled:
Sergeant Mason's Petition.
TO the Supreme Court Of The United States Of
Amtgicd.
The petition OF John Anderson Mason, late
of the city of Washington, District of Colum-
bia, respectfully shows to this court:
Etfst-Tnut your pctltlOnef was, on or about
the Doth day of February, 1882, arraigned
before certain tribunal, calling Itself a inili-
tary court-martial OF the Army of the United
States (claimed TO have been organized and
held under and by virtue Of certain provisions
of tho articles OF war; upon the charge or
ofTense Of assault with intent to kill one
Charles J. Guiteau on or about the 11th day of
September, 1881 that said Charles J. Guiteau,
upon said lasi-mentioned day, was and had
been imprisoned in the jail in the city of
Washington, District OF Columbia, on the
charge OF having wilfully aud deliberately
murdered James A. Garfield, the President OF
the United States of America, on the ID day OF
July, 1881.
Second-That on the said 11th day Of Sep
tember, 1881, the day upon which IL was al
legged and claimed before said courtmartial
that your petitioner had committed the said
assault with intent to kill aforementioned,
the said Charles J. Guiteau was q civilian and
was not enlisted in or a member of the Army
or Navy service OF me United states of
or in the discharge OF actual military duties
at the time in question.
Third-That said court-martial aforemen-
toned, Notwithstanding the refusal of your
petitioner to acknowledge Its Jurisdiction,
power and authority in the promises to ar
raign and try your petitioner upon said
charge, and Notwithstanding the refusal of
your petitioner to plead TO said charge
or offense alleged against him before
said court-martial, said courtmartial directed
Of its own accord plea of "not guilty 3" to be
entered, ana proceeded therefore to try your
petitioner upon said alleged charge and Of
Tense.
Fourth-That thereafter such proceedings
were had by said court-martial in the prem
ises that on or about the 10th day of March,
1882, said courtmartial adjudged your peti-
toner as guilty" of the charge or offense
alleged against him, and pronounced judg-
ment against your petitioner, and thereupon
sentenced, ordered and decreed that your
petitioner be thereupon and thereafter abso-
lutely
Discharged from the Service
of the United States of America, and that In
taaf la hap ffa. I'm,
prisoned and suffered to undergo imprison-
ment in the penitentiary for the period of
eight years.
Fifth-That your petitioner is informed and
verify believes that said alleged sentence and
judgment by said court-martial has been since
formally approved or is claimed to have been
so done by General Winfield s. Hancock of the
United States Army, and thereafter by the
Hon. Robert $. Lincoln, the Secretary of War.
Sixth-That said sentence and judgment $50
called Of said court-martial has since been
carried into effect against your petitioner, who
has been declared discharged from the Army
of the United States OF America, and also has
begun and is now undergoing the term of i'm
prisonment of eight years in the penitentiary,
under which latter punishment your petit
toner has been removed to and is now actually
confined in the Albany penitentiary, in the
County OF Albany, and State of New York. and
is In the custody of Clinton ID. McDougall, the
Marshal of the United States for the Northern
District of New York, and also of John Nc
Even, the keeper of the said Albany peniten-
tiary in the State of New York.
to this court and states, on the advice of hi
counsel, James NJ. Lyddy, esq, of 3IS Broad
way, New York city, that said alleged court
martial, which assumed to and did try and
sentence your petitioner upon the aforesaid
charge or ofrense, was illegal In Its organiza-
tion as well as in its procedure; that It was
wholly without Jurisdiction In the premises
both as to the charge alleged as we'll as of the
person of your petitioner; that the articles of
war which said court martial is alleged to
have been constituted and convened had turis-
diction Of the offense or crime charged against
your petitioner
Only in Time of War
and not in time of peace, and at the time said
court-martial tried, convicted and sentence 1
your petitioner the United States of America
was at peace with all nations; that even IL the
said conrt-martlal had jurisdiction in the prem
fses IL exceeded Its power In imposing the
sentence and judgment aforesaid as the same
is in excess Of any penalty or punishment au-
thorized by law, and void and untenable ac-
cordingly; that your petitioner was not tried,
convicted ard sentenced for any alleged dis
orders and neglect against good order and
military discipline in the United States Army,
Nor For Any Onense or Crime
of which the said alleged court-martlal had
jurisdiction, and authority under the articles
OF war and the provisions OF the statutes in
such cases provided, but on the contrary was
tried, convicted and sentenced for an alleged
onensc, crime, to wit:
IAN Assault with Intent to LKtH,''
of which the civil authorities then had and
now have exclusive jurisdiction, and upon
lflui Ol WHICH by llc CIVIL uullOiltlcS yOul
petitioner was and is entitled under and by
virtue OF the provisions OF the Constitution oi
tho United States, particularly article six
thereof, and the law In such cases provided, to
trial by jury, all Of which was denied to youl
petitioner wrongfully and uniawfully In the
premises.
yourpettioner further shows upon his infor
nation that the NEUTRALITY-SUSPICIOUS. RAJ
| (Swaim) now holds in his possession all the pro
ceedings of said court-martial, which assumed
| to and did try and convict and sentence your pc
titlOnef, and 1t is necessary, YOUR DetitiDnpl
| is advised by his counsel and verify believes
| TO be true, that said Judge-Advocate-G General
(Swaim) should certify and return all of said
proceedings Of said court-martial to this court
| under and by virtue OF a
| Writ of CertiOrari.
issued 10 him from out Of and under the sea
| OF this court In the premises, 10 the end tha
this honorable court may bo fully and fairly
| advised as 10 the Jurisdiction, authority, and
| proceedings OF said court-martlal, to the enc
| that great wrong and injustice done TO youl
| petitioner may be corrected speedily. Ano
| your petitioner further shows that he Is now
| and ever since the 11th day OF September
| 1851, has been, a prisoner, confined IN jail II
| the city OF Washington, ID. O., and more latel,
since the 10th day of March, 1882, In th'
| Albany Penitentiary, Albany, N. Y, in the Gus
| tody OF the Marshal for the Northern Distric
| on New York, under the said Illegal 1udgmen
| and sentence pronounced against him ON III
| 11th day or March, 1882, by said courtmar
| tial, and is restrained OF his liberty In viola
| tion OF ihe Constitution of the United state
| yided.
That annexed hereto is a copy OF the tudg
| ment on commitment under which your peti
| TONER Is now un1ustly and Illegally restrainef