The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1895-02-05
SUPREME COURT DECISIONS.
Writs of Habeas Corpus Denied Re-
caIcitrant Senate Witnesses.

~
caIcitrant Senate witnesses.
WASHINGTON. Feb. 4.-The Supreme
Court Of the United States, to-day, denied
the application of Elverton r. Chapman,
the recalcitrant witness in the Senate Sugar
Trust investigation of last summer for a
writ Of habeas corpus. on the ground that
it was not competent for the Supreme Court
to interfere until the case should have been
finally disposed of by the District Court.
Chief Justice Fuller. who delivered the de-
cision, said that il, after the final decision
of the case, If that decision should be against
him, 1t would be competent for Chapman
to apply for a writ of error to the United
States court. and, in case it could not be
granted, then to apply for habeas corpus,
but he thought the ends of justice would
be better subserved if there should be no
interference at this time. Chief Justice Full
.er said the court had been unable to see that
Mr.. Chapman's case presented any or the
exceptional circumstances he had set up in
his petition. The application for a writ of
idpeds corpus Was also uenled IN the case
OF j. 5. Shriver on the same grounds the
court remarking that it was essent ally s. l.
lar to the Chapman case. Justice Field dis
sentsd from the opinion.
In the case of Clyde Mattox, appealed
from the circuit of Kansas, the court de-
cided that in cases where a witness had
died between a first and second trial his
testimony Y cannot an be impeached by the intro
Ing his testimony he had stated he had
sworn to what was not true. The decision
recognized the fact that injustice was liable
to be done the defendant in such a case,
but said that If the opposite course should
be pursued and the testimony of impeaching
witnesses admitted there were equal chances
of injustice to the prosecution. The court,
therefore. refused to grant a writ of error
second trial of Mattox the ste~nographer's
notes of the testimony in the first trial were
confronted by the witnesses against him,
laying down the general proposition that the
Constitution did not entitle a man tried for
crime to demand to be confronted by his
witnesses more than once. Justices Shiras,
Gray and White dissented on the first part,
holding that it was competent to impeach the
testimony of a deceased witness.
The court overruled Judge Parker, of the
Western district of Arkansas, in the matter
the Supreme Court, in which Judge Parker
refused to approve the bail bond of one La
fayette Hudson, accused of ian Infamous
with an order of Justice White in the alb
sence of Justice Brewer, of the Eighth cir
cult. on the ground that the justice was
came to the Supreme Court on a petition
from Hudson for a writ of mandamus to
upheld the claim of the petitioner, that ap-
plication for relief in such a case as that of
Hudson could be made to any justice of the
stated that as Judge Parker had expressed
his willingness to comply with any decision
of the court, and as he had acted under a
Misunderstanding it was thought better to
leave the disposal of the matter in Judge
Parker's hands, and not deal with it over
directly. 1t was stated. however, that in
case of failure TO act a WI Nuid be issued.
ton that it was only comp for the jus
tice assigned to the Eigh lrcuit. which
includes the State of Arkan., to grant an
order for bail in such cases as that Of Hud-