The evening times., 1896-04-16
WRIT OF ERROR IS ASKED.
Anxious to Get chapman's Case
Before The Supreme Court.
ARGUMENTS OF ATTORNEYS
Court of Appeals VIII Decide Monday
Whether or Not to Grant the Writ
Judge Cox Asked to Postpone the
Hearing In the Remnining Cases.
Government Wants to Proceed.
= lulI
49,

The court Of,appeals again took UP this
morning the case Of Broker Elverion X.
Chapman, the 'conthmacious sugar invest
CATION witness, and now has under consid-
grafton the question. OF whether he shall
he granted a writ Gf error to the Supreme
Court OF the Upiteh States. A formal peti-
ton, in writing. for the writ, preceded by
a verbal petiti6h, Vas eft with the court.
Ex-senator Edmunds and Judge Jere
n. Wilson. counself for Mr.. Chapman, ap-
piled for the iappehi. Judge Wilson at
first verbally asked, the court to certify
the case TO tho Supreme Court on writ of
error. Justice ALVEY suggested that the
application be- filed in writing. Judge
Wilson said that there had been cases
similar TO this one under consideration
before The Supreme Court, but this case.
said he. contained features the others did
not have.
Senator Edmunds argued briefly in sup
port of the application, while Judge Wilson
retired to put the petition in writing. Mr..
Birney opposed it, and the court agreed
to take the matter under consideration.
No intimation was given as TO when the
question will be decided, but it Is probable
decision will be reached by Monday after
noon.
ARGUMENTS BEFOREJUDGEC COLE.
The attorneys in the case then appeared
before Judge Cole, the justice who sat on
the case In the supreme court OF the Dis
uict OF Columbia, where Senator Edmunds
asked postpOnement of the hearing in the
remaining cases until the Supreme Court
Of the United States has finally ruled on
the Usame matter.
Mr.. Brney vigorously opposed the move.
He had given the counsel for the sugar wit
nesses notice that either Havemeyer or
searles would be placed on trial on the
2Tth of this month
The government has waited fully two
years to prosecute these cases." said Mr..
Brney. "and 1t seems to me that the limit
of delays has been reached / propose
to fight these cases from beginning TO end
and will not be Influenced by the decision
of the Supreme Court in the Chapman case.
Sufficient Difference has be en- paid to the
wishes OF the defendants, l am quite sure,
and they should not be held from justice
longer than other criminal cases"
There was no occasion for great haste,
ex-senator Edmunds said, for the indicted
persons would not get away. There was
no argument advanced by the government
that either public or private necessity war
ranted greater speed than had been exer-
cised. The cases were different from the
everyday violations of penal statutes.
QUESTION INVOLVED
There is a constitutional question In
volved here, be said, of interest to every
person in the country, and the defendants
were anxious to secure decision from the
court OF last resort.
Mr.. Birney interposed that unless the
other cases were tried this spring they
would so over indefinitely.
The Supreme Court would ad journ next
month, he said, 1t was doubtful whether
they would entertain the petition for a
writ of error in that brief time. Even If
the highest court should do that. the case
could not possibly be argued then and it
would be late In the fall before the court
handed down decision on the the applica-
tion. I,
Counsel for the sugar people admitted
that In case the application was oyerruled
hen either an application for a writ of
error would be made to the supren. Court
Itself, instead of the court of apI vals, or
writ of habeas corpus would lie sued
sor. They acknowledged that no little
time would be consumed in such pro-
ceedings.
Judge Cole deferred action in the matter
until the court OF appeals should reach o
decision on the application before it. He
expected this would be done by Tuesday
morning. at which time he will announce
his decision