New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-02-05
HABEAS CORPUS REFCSEN
THE SUGAR WITNESSES MUST NJ"
STAND TRIAL.
THEIR PETITION DENIED BY THE CNiiEi
STATES SUPREME CouRT-oTfiEk iNi|'
EsTING Observation-Disclosures

EsTING Observation-Disclosures
MENT TAKEN.
vasbington Feb 4-The law governing the issu-
tho ~ vrits of error mandamus and habeas corpus
was elucidated at length in the Supreme Court OIL
the United States to-day no less than three OF ,"e
controlling opinions read. and one dissenting opi"
ion relating thereto.
Chief Justice Fuller announced the opinion ot
the Court upon the applications of Elverton X.
-hapman broker and John S. Shriver correspond
ent Of 1.-The Mail and Express" for leave to ME
petitons for wrts of habeas corpus. The cases IL
will be remembered. grew out or the InVestieato"
of the alleged sugar scandal by a special commit
tee of the Senate, whose questions Cnampah an"
shriver refused to answer They were indicted In the
Sunreme Court OF the District of Columbia. anu
demurred to the indictment. The Indictment was
sustained nv the District Supreme Court and also
by the Court of Appeals OF the District, wnere-
upon the defendants surrendered themselves 10 the
custody of the District and applied 10 the supreme
Court of the United States for relief, urging the
unconstltutonaity Of the statute under which 'he
indictments against them were round
After reviewing the circumstances OF the case
the Chief Justice said that the general rule govern
ing the issue OF wrlts of habeas c. rpus was 'na'
they could not be made to take the pace Vi Wits
OF error and could be issued only IN cases "he'c
the court imposing Imprisonment was without J"r's-
dction The petitioners must prosecute their case
OF the District and when that had been reached II
II be adverse to them their remedy would lie IN
writ Of error. The Supreme Court or the o"'eu
States deemed II salutary rule not 10 INTERFERE
with the action OF the courts OF the Disrict j" AZ"
vance of final determination thereof below, ana
found no exceptional circumstances In these cases
to warrant departure from that rule The appi-
cation for leave file the petitions for wits was
therefore denied II was announced that justice
Field dssented from the decision OF the court Inc
effect OF the decision is 10 require Messrs chapman
and Shriver to stand trial on the Indictment Inc
question OF readmittng them to bail VIII De deter
mined tomorrow.
Practically the same points were disposed of In
an opinion read by Jus,irc Harlan in the case OF
George Andrews against Benjamin Schwartz Sherin
OF Warren County. y. j. Andrews a colored man.
was convicted OF murder and sentenced 10 DEATH
He appealed to the Chancellor OF the state for
writ Of error. which denied. and then he sued
for a writ OF habeas corpus in the United states
Court for that district. which was also denied
From that judgment he appealed 10 the supreme
Court OF the United States In the petition Tor
writ It set forth that Andrews was deprived
OF his liberty in violation OF his constitutional
rights because. being a colored man. persons OF his
race had been excluded from the Grand jury which
indicted him and from the petit jury when trled
and convicted him. whereby he had been uehieu
the equal protection OF the law guaranteed by the
Federal Constitution. The State courts said justice
Harlan.
being 50 the petitioners remedy lay In VIII Oh
error - the court OF final jurisdiction in the state
The application for a writ Of habeas corpus mad
been properly denied in the Federal court oeio% am
the Judgment TO that effect was ,nete'o'e o,aa nas
OF Lafayette Hudson VINO applied through Ms Eoun
mandamus to compel Judge Isaac c. Barker. OF the
United States Court for the western DlsIlct Oh
upon "A writ OF error issued by the Supreme Court
OF the nitei states OF me ssse i ,a.as on
been issued by Justice White. OF the YIN CIRCUIT,
By Hudson on the ground that the order Of Justice
White not authorized BY law The Judgment l Ok o,
held that Hudson wa. entitled 10 be admitted nas to
, That Ss 49, acted the r gay OF the tAs power
the that issued 70 the Justice OF any court
tIce Whites action was the exercise Of valid power
residing In a justice OF the court.
the second appeal OF clyde Mattox from the juds..
ment OF the United States Court for the District OF
on the second trial 1t developed that an important.
probably the most important witness Tor the Coy po
Mattox objected TO the introduction OF the official
stenographers notes OF the witnesses evidence on
the first trial on the ground that the oon S Si
gave defendant in criminal case me r Nm
The admission OF these notes sai Justice bro oi
In the opinion OF the majority OF the court Woulu
,horities on the subject which held that the re-
grirement Of the Constitution was substantiaiIy
once From this opinion Justices Gray Shiras ana
White dlssented. the ground being brleny stated
nv Justice Shiras that In their opinion the testi-
,ponv Of a dead witness could be mpeached The
value and Justice OF doing So Justice s'ra1 sI H.
wer. shown in the present case where man Iiie
depended upon IT, . -, ro No
The other decisions announced to-day were as
no 7o-The Consolidated Roller Mn COMPANY.
anneilant agt the Barnard & Leas MANUFACTURING
Cnmnany Appeal form the Circuit Court Tor me
Northern District OF InoIs.-Decree affirmed with
10 Iot-Thomas II. McGahan; ct al appellants;
,gt the National Bank of Rondout, ~ 4 appeal
ION ,he Circuit Court for the District OF South
.,sr"iina Decree affirmed with costs: ..
srbc coiirt adjourned until Monday. March az l.
o,i,ncL rhe day call then will be as follows: Nos.
81, So sl5 7ss 1856 sl3 s3i. original. 146 and 100