The morning news. [volume] (Savannah, Ga.) 1887-1900, 1895-05-21
CASES IN THE SUPREME COURT
THE ALABAMA wHITECAPS CARRY
THEIR POINT.

The Indictment Against Them De-
cIarcd Fatally Defectfve-Thc
Case Involving the Tariff Law OF
1894 TO he Submitted ON Briefs.
The Court Declines TO Hear OraI
Argument on the south Carolina
DisDensnry Case and Briefs VIII he
Submitted.
Washington. May 2O.-After the SUI
preme court had finally disposed Of tho
income tax it occupied an hour in the
announcement Of decisions in other cases
and other miscellaneous business pre-
scented to it. OF the cases decided the one
Of most interest and importance was that
popularity known as the whitecap cases
from Alabama. J. W. Todd and a score
Of associates were convicted in the Uni
ted States court for the Northern dis
trict OF Alabama, under section 5. 406 of the
revised statutes. of whipping Wiley and
William Pruett for testifying on behalf
of the United States before Robert Charl-
son. United States circuit court com
missioner. The opinion Of the supreme
court was announced by Justice Brewer,
Justice Harlan dissenting, to the effect
that a preliminary examination before a
United States court is not a proceeding
before any United States circuit court
such as contemplated in section 5.4O6. and
that therefore the indictment against
them was fatally defective. The judg-
ment Of the court below, sentencing Todd
and his companions to four years i'm
prisonment ana $500 each, was therefore
reversed.
that the counsel in the case of the United
States VS.. Burr and Hardwicke, involving
the question of the date on which the
tariff law Of 1894 went into effect, had
agreed TO submit the case on briefs, and
that there would be no oral argument.
Attorney General William A. Barber of
South Carolian made his expected motion
for leave to file a petition for writ of ha-
beas corpus for the release of f. G. Beach,
a constable of that state who is in the
custody of United States Marshal Hunter
for contempt OF Judge Simonton's cour,
in Selling a shipment of whisky made to
J. G. Byrd, resident OF Charleston. for
his own use and consumption, in violation
of Judge Simonton's injunction Chief
Justice Fuller informed Mr.. Barber that
the court could not undertake at this ad-
vanced period of the term 10 hear oral
argument. The attorney general responded
that he understood that, and believed that
briefs IN the case would be filed within
week
The habeas corpus case which James c.
Carter had to present was in behalf of w.
+. Farmhouse of New Orleans. who is in
custody OF the United States officials there
for violation of the anti-lottery law en-
acted at the last term of congress. He
demurred to the indictment; the demurrer
was overruled and he was remanded to
custody. Inasmuch as Farmhouse has
made no application for release under bail,
there was doubt expressed by the members
of the court as to their power to release
him, but Mr.. Carter was told to print his
motion and 1t would be examined. The
attorney stated that his client had no de-
Tense 10 make other than the constitution
ality of the law. and if the supreme court
of the United States would order his re-
lease on bail, was perfectly willing to let
the hearing go over until next term.
When the court adjourned, which it did
al AIS O'Clock. it was TO meet again next
Monday. The chief justice announced to
| the bar that the court would finally ad-
journ for the term on Monday June 3.