Evening star., 1896-04-08
TO THE SUPREME COURT
Mr.. Chapman Will Endeavor to Appeal
Again.
The Other Gases Against Refractory
Sugar Trust Investigation Wit
ncsses-COurt Of Appeals.

Mr.. Elverton R. Chapman, whose convic.
tion several weeks ago of refusing to an
swer inquiries put to him by the Senate
sugar trust Investigating committee was
yesterday affirmed by the Court of Appeals
will. 1t is stated, endeavor to carry the case
to the United States Supreme Court. 1t Is
regarded as somewhat doubtful whether
he can induce that tribunal to grant him
an appeal Such, at least, is the belief OF
District Attorney Birney, it is said. In
criminal cases tried in the District the
Court of Appeals. Mr.. Birney holds. is the
court of last resort. 1t is generally admit
ted that in such cases no writ of error lies
from the Court of Appeals to the United
States Supreme Court, SO the government
contends, 1t is understood, that the only
possible way in which Mr.. Chapman can
get to the Supreme Court would be by writ
OF habeas corpus, or, perhaps, by a writ
of certiorari. And 1t is said that the Su-
preme Court would merely, in either event
inquire whether the court below. that IS
the trial court, had Jurisdiction in the mat
ter. If it had. and District Attorney Bir-
ney claims. of course, that it had, then the
Supreme Court would, 1t is claimed, re-
fuse to interfere in the matter.
Constitutional Question.
But counsel for Mr.. Chapman have all
along insisted that there is a grave con-
stitutional question at issue in the case, and
they will undoubtedly endeavor to secure
an appeal on that ground. Speaking Of the
action OF the Court of Appeals yesterday,
Mr.. Chapman said: This case is the first to
be tried under this law. and its importance
to business interests is great If the law is
held to be constitutional, it will put an end
to privacy in business. All that will be
necessary to pry into persons or con-
Germs affairs will be for the Senate to say,
fS tod fhnr fn~n h<af
solved to investigate and anybody who does
not answer questions will be clapped into
JAIL
The Other Cases.
1t is probable that the question of wheth-
er an appeal to the Supreme Court can be
had will be finally settled within the next
few weeks, and if it is decided adversely to
Mr.. Chapman, it is said to be the intention
Of District Attorney Birney to set the re-
naming cases for an early trial. The re-
managing defendants are Newspaper Core
spondents Edwards and Shriver, Mr.. Ma
cartney, the broker, and Messrs. Havemey-
er, Searles and Seymour of the alleged sugar
trust. District Attorney Birney is. of
course, confident of securing a conviction in
Cole upon Mr.. Chapman was the minimum
one, thirty days in Jail and fine of 500.
and 1t is presumed that no severer sentence
will be imposed upon the other defendants,
should they be convicted.
The Courts Decision.
AS stated in The Star, the opinion of the
Court of Appeals in the case of Mr.. Chap
man yesterday was written by Mr.. Justice
Norris. 1t is quite voluminous one, and
fully discusses the questions raised in the
court below, which were reported at length
in The Star in its report of the trial.
The gist of the opinion Of the Court of
Appeals is contained in the following
words: 1.-The refusal to answer being, there
fore, in its nature a deliberate and willful
act, and being denounced by the statute as
mfsd dameanor, it cannot avail recusant
witness that he may have believed himself
to have been only asserting a constitutional
right. If he was mistaken in his belief,
however honest in moral sense that belief
MAY have been, and the statute is valid
exercise of the legislative power, it is be-
yCnd question that his mistake will not
excuse him for his violation Of the law
For a mistake the criminal law will not
excuse any man, any more than will ignor-
ance of it. Any different theory would be
destructive of all the safeguards of society,"
We find no error committed in the trial of
this case. and we must affirm the judg-
ment, and it is so ordered