Evening star. [volume] (Washington, D.C.) 1854-1972, 1882-03-24
AaA1Nsr rHE ApM1ssIoN or nAkorA
Sergeant MasOn.s Case


PROCEEDINGS BEGUN BEFORE THE c. s. SUPREME
CoURT-MR. BIGELOw AND THE MESSRS. LYDDY-A
MEETING IN THE INTEREST OF MASoN's FAMILY.
The application OF Mr.. James NJ. Lyddy for leave
to file petition for writs Of habeas corpus and
certiorari, to bring Sergeant John A. Mason before
the court, was filed in the us. Supreme Court to-
day. The court took the papers under advise
ment The Chief Justice said he would try to
give an answer on Monday next
MAsON's HABEAs CORPUS PETITION.
The petition which was filed sets forth, first
that Sergeant Mason was arraigned before mill
tary cOurt-martial upon the charge of assault with
intent to XIII Charles j. Guiteau; second that at
the time of the alleged offence Guiteau was CIV
ll1an, and Mason was not in discharge OF actual
miit ry duties; third, that the cOuTt-nartial per
sisted in trying Mason, Notwithstanding his pro-
test and his refusal to acknowledge its tur.sdfc-
ton; fourth, that the court martial found him
guilty and sentenced him to dismissal from the
service with eight years imprisonment; fifth and
sixth, That the sentence has been approved and IS
the petitioner is advised " that the said alleged
court martial was illegal in its organization as
We'll as IN ITS procedure; that 1t was wholly with
charge alleged as we'll as of the person of your
petitioner; that the articles of war under which
said court-inartial Is alleged to have been
constituted and convened had Jurisdiction
OF the offence crime charged against your peti-
TONER only In time OF war, and not in time OF
peace; that even IL the said cOurt-martial had
jurisdiction in the premises, it exceeded its power
in imposing the sentence and judgment aforesaid,
ment authorized by law and void and untenable
accordingly; that your petitioner was not tried,
convicted and sentenced for any alleged disorders
and neglect against good order and military dSci-
plfne in the United States army nor for any Of
fence or crime Of which the said alleged court
martial had Jurisdiction. but on the contrary was
tried, convicted and sentenced for an alleged Of
tense, crime. to wit: AN assault with intent to
KILL OF which the civil authorities then had and
now have exclusive jurisdiction, and upon the
trial OF which by the civil authorities your petit
TONER was and Is entitled under and by virtue OF
particularly article thereof, and the law In such
cases provided, to trial by jury, all of which
dsnied to your petitioner wrongfuly and unlaw-
Upon these grounds the petition prays for writs
or habeaS corpus and certiorar to bring the pris-
for the United States Supreme Court, In order that
the errors complained OF my be corrected and the
prisoner discharged from custody.
Mr.. BIGELOw vs.. THE MESSRs. LYDDY.
"Have you had any conference yet with the
Messrs. Lyddy?" asked a STAR reporter of Mr..
Bigelow this morning.
81 have received card from Lyddy," replied
Mr.. Bgelow, 'Saying that he desired to see me,
put & it Is not my place to call On parties whom
don't recognize as acting with authority. They
have filed the petition without my consent or
advice. There is nothing in it that touches on the
travesty OF the petition had prepared-a miser-
able travesty, do you understand the word"
kTdy yather IN hs
papers, he said, Mason had instructed them to
report to him tBigelow.) "Their petition does not
amount to anything" declared Mr.. Bigelow
"1hey won't be allowed to cross the threshold.
shall protest against It,"
MRS MASON EXPECTED TO MORROW
Mrs Williams, Mrs. AasOn'S aunt, residing in
South Washington, was furnished with means to-
day to bring Mrs. Mason to Washington. That
lady is eXpec ted here tomorrow.
MEETING IN BEHALF OF MAsoNs FAMILY.
There was little gathering last evening in the
parlors OF Mrs. FitZpatrick's house. No. 325 Penn
sylvania avenue, to take some steps towards re-
lieving the needs of Mrs. Mason, the wife of the
imprisoned sergeant Mr.. Chas. Joyce was
elected to the chair, and, in stating the object o
the meeting, remarked that the question OF Ser
gcant Hasons culpab1lity should not enter into
their action. Dr. VIM. Boyd WIS elected secretary
and Mr.. VIM. c. O'Meara treasurer. Messrs. ThoS
Fitzpatrick, VIM. Boyd, Owen LAWN, John O'Meara
and the chair We're appointed a committee to pre-
pare an appeal and subscription lists A motion
made by DR.. Boyd that this be considered ma
donal committee WAS adopted. 1t was decided
also to elect corresponding secretary In order 10
maintain national organiza ton O'Meagher Con-
don was proposed for this Office, but action was de-
ter,ed until subsequent meeting. A proposition
to draw up and circulate petitions for MaSOn's par
don was discussed. but not acted upon.