Evening star. [volume] (Washington, D.C.) 1854-1972, 1882-03-27

THE CASE OF SERGEANT MASON.
Proceedings i'm the u. s. Supreme Court.
MR. BIGEIow's PROTEST AGAINST THE LYppYs-
| WHAT THE NEW YORK LAWYERS SAY.
No decision was rendered by the United States
! supreme Court to-day in the matter OF the peti-
ton OF Sergeant Mason for writs OF habeas corpus
and certiorari. Mr.. Bigelow, Masons counsel, flied
| protest against the recognition OF Mr. Lyddy
| counsel for the prisoner before this court Mr..
Lyddy rose to reply to Mr.. Bigelow's remarks in
| ming the protest, but was stopped by the Chief
Justice, who said that IL was not necessary for him
(Mr Lyddy) to make any statement
NIr. BigcIow,s Protest.
MI. J. G. Bigelow, who appeared as counsel
| Tor Mason at his trial and has since inter-
| ested himself in behalf OF the prisoner, has
prepared and sworn to an elaborate doc
| ument which he to-day filed before the Supreme
| Court OF the United States protesting, as the
only duly authorized attorney and counsel for Ma
son, against the right OF the ddy brothers to
pear In the case and against granting leave to file
| their petition for habeas corpus and certiorari.
The protest, after reciting the facts showing Mr..
Bigelow's relation as counsel and attorney TO Ma
son, says: "As such counsel ana attorney, on the
petition to the Supreme Court Of
the District OF Columbia for habeas
corpus, ana the same naQ been duly sworn but
before any action could be taken by the court
Sergeant Mason was removed from its jurisdiction
to the penitentiary at Albany. My purpose To
renew the application before the said district court
has been published in the press all over the coun-
| try, and was well known TO Iyddy Brothers II
was under these circumstances that they went to
Albany ami sought a conference with Sergeant
Mason. They went, and obtained the interview OF
| their own motion, unfnvited by either Mason or
myself. Their great anxiety to force themselves,
unsolicited, into the will appear by the fact
that Mason was removed from the barracks
Lyddy Brothers presented to him for s;gna,
1are the ALLEGED petition at the Al6aa
| he finally consentt9g upon the condition that oe-
fore any step should be ttken they were first to
confer with me- The first intimation had OF their
intention to present the said petition the honor
able able CO court n was vas paragraph In the New York T.t-
| graphed them at their office not to present the
petition to this court in the first instance, nor IN
any other court, without first conferring with
me, and at the same time to write
them to the same effect Yet notwithstanding
they did present the same as aforesaid on the cath
fore submit that the relation OF attorneys they
claim to sustain to the case procured by their
own In Improper conduct SO grossly anprofessional
recognition in a court OF justice. further say
that as counsel for Sergeant Mason for the
careful and deliberate consideration as to whether
general court martial in time OF peace has Juris-
dicton to try the alleged offence charged against
him, and have matured line OF action calculated
TO finally settle by judicial authority this question.
had concluded without delay to institute re-
qulSlte proceedings to this end when was inter-
rupted by the Unauthorized Interference as afore-
| said by Messrs Lyddy Brothers Sound Judgment
first instance in the inferior and not in the
| supreme Court Indeed, in case like the
under consideration It would be an unusual and
! extraordinary proceeding to present the petition
| in the first instance to the Supreme Court Ap.
peals do not run downward. In such case the juris
dcton or this court II to be invoked at ALL ought
TO be exercised by way reviewing the decisions of
| the lower courts tExparte Yerger 8, Wall, S5)
submit therefore, that, for these this hon
orable court ought to decline the application at
this time, even conceding that the court, a
court has the right to issue the said writ OF
| haDeaS corpus fEXparte Boiman Swartout &
Co. 75.r Mr. Bigel0w then contends that the peti-
tion In question is inadequate to meet the real
case. He sums up what he considers the real
questions OF law involved, and says he was about
10 apply TO the district court for the northern dis
SaS VI NeM . iorA Dy beGu9n wnen ne IS emoar
Unauthorized and illy-advised proceeding OF the
Lyddy brothers: who have shown themselves, by
| the alleged petition they have presented to be
case"
MR. LYDpY's AUTHORITY FROM MASON.
STAR reporter last evening asked Mr.. James NJ.
Lyddy, of New York, who last week gave an unex-
pected turn to the Mason case by appearing In the
Supreme Court in quest OF writ of hdbedS cOrpsaS,
whether he was authorized TO act as counsel for
Sergeant Mason.
"Yes SIR am" said Mr. Lyddy, 81 hold a
written retainer from Mason designating me as his
attorney and counsel in these proceedings, and the
sworn affidavit of the Sergeant himself now before
the Supreme Court for action, establishes my pro-
TeSSiOnaf position and connection with the case IL
indeed that were necessary. have already power
to obtain other counsel to be associated with me
when this case comes up for final argument, and
have already asked the Hon. Nathanie! c. Moak, OF
Albany, New York, to act as such counsel"
selP".
''No, have not seen Mr. Bigelow since my ar
rival here, and know nothing about his intentions
except so far as 1 have been able to gather from
Inc newspapers. The reckless statement OF MIR.
proceeding in the case without authority, is not
only not true, but the contrary is the fact Mr..
Bgelows former position as counsel, began and
ended with the court martial proceedings
"When did you make Sergeant MasOn's ac-
quaintance?'
81 met him at Albanyn
Ny Lyddy is q man about IS years of age and
has an Irish accent
CRANKs WRITING TO SERGEANT MASON
The Troy Press says: large batch of letters is
received at the penitentiary, by every mail, ad-
desSed to Sergeant Mason, who is confined there
for shooting at Guiteau when he acting as hts
! guard. The letters are, in accord ance with the
rules of the penitentiary, opened by the prison
officials and perused. Such as come from his
family are given him, but the Others are, gen.
eral thing, not OF such character as to justify
the officials in conveying them to person COM
mitted to their charge Many OF them are from
number OF that class OF persons In the country.
The Flood Sufferers.
TELEGRAhs TO AND FROM SECRETARY LINCOLN.
| The Secretary OF War last evening received a
telegram from Capt G. M. Lee, dated Memphis,
Tenn, March 26th, saying: "The supplies now
furnished for Mississippi will last until about the
5th proximo At the rate the water is going down,
no necessity of supplying beyond the 10th April