Evening star. [volume] (Washington, D.C.) 1854-1972, 1895-01-22
Habeas Corpus Proceedings in the
o. S. Supreme Court.
THE WITNESSES CHAPMAN And SHRIVER
The Newspaper Correspondent in
Custody of a Deputy Marshal.
THE HEARING RED

The case Of the witnesses in the sugar
investigation who refused to testify last
summer, and were consequently indicted
for contempt of the Senate, has at last
made its way up to the Supreme Court OF
the United States. 1t made its appearance
there this afternoon, when Lawyer Jere
Wilson appeared before the court and
asked permission to file petition Tor a
writ OF habeas corpus in the case of Broker
E. F. Chapman, who is at present in the
custody OF the United States marshal.
The case of John S. Shriver, the news
paper correspondent who was indicted for
| refusing to answer questions put to him
by the Senate sugar trust investigating
committee, also came up. His attorney
Judge A. J. Dittenhoefer OF New York.
gave notice that he would petition for q
writ of habeas corpus for his Client ana
would have done SO today but Tor the 1act
that his petition was not printed, and
asked for permission to file 1T tomorrow.
I hts was granted.
Solicitor General Maxwell was present
on behalf of the government, and stated
that he should like an opportunity 10 IN
speCt the briefs. with the view, II con
government. 80
He asked that he be given until tomor-
row for this purpose, and his request was
also granted.
Claims OF inc Dc1VhSes
Ex-senator Edmunds appeared as an at
torney for Mr.. Chapman, and said In re-
sponse to some remarks by Mr.. Maxwell
that the counsel for Chapman would take
the position that the case clearly involves
the jurisdiction of the court, because they
claimed that the statute under which their
client had been indicted was clearly un-
constitutional, and therefore clearly case
for the issuance or the Writ Oh hapeas
corpus, as asked.
Judge Dit.enhoefer stated that the cir
cumstances controlling in the case OF
Shriver were practically the same as those
involved in Chapman's case. with some
1t is understood that the two cases have
been selected as test cases, that OF Chap
man by the brokers and that OF Shriver ny
the newspaper correspondents.
There was no intimation by the court as
to when a decision would be rendered on
tcday's motions. but 1t will probably rot be
until the latter part OF this week or the
first rart of next. If the applications for
Nrits of habeas corpus are denied the re-
calcitrant witnesses will then have TO be
urraigned for trial. as all objections on
technical grounds have been exhausted.
The next incident on the program would
be trial by jury.
Mr.. Shriver and His Deputy.
This afternoon at o'clock Mr. Shriver
went before one Of the justices Of the Su-
and was surrendered into custody by his
bonds man, Mr.. Robert ]. Wynne. This ac-
ton was taken by the advice of Judge DIT
tenhoefer that the case might properly
come before the Supreme Court on the ap-
plication for a writ. The newspaper corre-
spondent has now Joined Broker Chapman
in the custody of the United States mar
shall His confinement will not be very
wearing on him, for the present at least.
as he has simply been given into the Gus
tody of a deputy marshal, who will stay
With him from now on until the case Is
disposed of.
Mr. Shriver will take his jailer around
with him and will continue to occupy
apartments at the Cairo. the deputy oc-
cupying the same apartments. Mr.. Shriver
told a Star reporter this afternoon that he
would appear in the press galleries of Con-
gress to de his work tomorrow as usual,
bringing his deputy with him, although
this is likely to raise a number of delicate
questions as to the rights of a deputy
marshal to penetrate the sacred precincts
of tho press galleries, admission to which
Is limited solely to newspaper men. When
it comes to interviewing public men on
important matters, Mr.. Shriver may find
the presence Of third party embarrassing
and something of a drawback. but he will
have to make the best Of it for the time
bain0