The times., 1897-05-02
SCREW LOOSE somewhere
Nobody Knows Why Chapman Is
Not in Jail.
NO THIRTY DAYS OF GRACE
Some Interesting Talks With High
and Low Court Officials About
the Sugar Trust Witnesses-The
Contumacious Witness Has Ex-
hausted All Remedies.

There appears to be screw loose some
where in the Chapman case. Mr. Chap
man, 1t will be recalled, has lost at every
stage of the legal proceedings instituted
60 protect or to convict him Of disobedienoe
ta plain statute commanding him or any
other witness TO respond to an inquiry of
the Senate committee in the famous sugar
trust cases. His was "a test case, the
other defendants being Haverneyer, searles
and others, who were summoned and
failed To appear and testify before this
comInittee.
Mr.. Chapman has had the benefit not
only OF able counsel, but he has exhausted
every legal remedy from the inferior court
of the District To the Supreme Court OF the
United States. His ease was disposed Of
as a finaiity by the court of appeals of the
district, the highest local tribunal, on the
4th of last February, which sent down
its man date for the execution OF the judg-
ment of the lower court
When the Judgment OF the court Of trial
was about to be enforced Mr.. Chapman sued
out q writ of habeas corpus. and this hung
up the case in the Supreme Court pending
its decision. In the mean " bile Congress
passed an act. which at the time was re-
garded as a friendly intervention, per-
niitting an application to the Supreme
Court for writs OF certiorari to the Dis
trict appellate court. whose judgments
before the passage of this act were finali-
tics. 1t was expected that when the Sa-
preme Court had passed ON the remedy of
habeas corpus Chapman would. under the
new act, have the additional remedy OF
the cer.ification of The case from the ap-
pellate court up to the United States Su-
prenie Court, and in this way gain more
time
All OF these possibilities were frus-
trated by the decision OF the Supreme
Court, lately handed down, which passed
adversely on the question involved In the
habeas corpus proceeding, and also left
no other loophole for delay, having also
denied practically the right TO the writ
of eertiorari, at least, in this particular
case. There was nothing Ieft then but
for Mr. Chapman to go to Jail, or to Sc
cure a pardon after or before incarcer-
alton, the latter alternative being an ex-
MIR Chapman has not been sent to jail,
and. as said before, there appears TO he
screw loose some wi here In the legal ma
chine.
There is common impression that
Chapman had thirty days OF grace after
the handing down of the decision of the
Supreme Court. In an interview with the
district attorney the other day, that Of
ficer said that as soon as he could get the
opinion of the Supreme Court he woald
ask the counsel for Mr., Chapman, who is
out on good bond To the Supreme Court, to
surrender him, and that, failing in that,
the Cnited States marshal would he dis
patched TO bring Mr.. Chapman to Wash
ington
Inquiry was made at the Supreue Court
clerk office yesterday as To the status
of the case. 1t was there stated that the
decision OF the court was only retained
there in order that the justice rendering
the de,TSi0n might correct the proof; that
the decision was always accessible and
that 1t had been already read In proof by
the justice. 1t was further stated in this
office that the case was not one which
required any delay OF thirty DAYS for
mandate toissue; thatit wasa case brought
originally in the Supreme Court and the
thirty days limitation did not apply to
it 1T is competent said this Supreme
Court official. ''for the district attorney
10 have Chapman surrendered at any time
The status is that Chapman can be ordered
to appear whenever they please to send
him to Jail This court has nothing fur
ther 10 do with the matter
The clerk or the appellate court said
that Chapman was out OF that court for
some tire, and that they had nothing more
to do With him.
Judge jeremiah Wilson, who is C ha pIrlan's
counsel. said that he had not received any
request for the surrender OF his client, hut
that there would he no trouble about Ar
Chapman obeyins the law.
At the office Of the district attorney il
was stared that he would not proceed in
the case until he had received the decision
from the Supreme Court.
Mr. Henry Davis, the district attorney.
has recently stated in The Times that he
viii proceed against Havemeyer and the
other defendants as soon as the Chapman
case has been disposed of, unless he Is
Instructed not To do SO by the President
or the Attorney General
One of the Interesting "reminiscences Of
the case Is that on the day when the case
hasI been closed in the District courts, and
Chapman would have been forthwith sent
to Jail Ire sued oatthe writof hsbeascorpss-
Wien the habeas corpus wasdecidedagainst
him, he was in the same position as he
was ON the day he applied for and was
granted the writ, chat is. in the custody of
the marshal on the way to Jail