Evening star., 1897-05-11
CLEMENCY FOR CHAPMAN
Rules That Apply to Hh Application for
Pardon.
1t Would Probably Follow the Regu-
lar COurse-Attorney General
McKenna's Statement.


to say about the Chapman case. for the
very good reason that he knew nothing
whatever about it beyond what he had
seen in the newspapers. adding that II
any application had been made for his
pardon 1t had not been referred to him.
The fact that the Department of Justice
has not been called upon for action in the
case OF Broker Chapman is singular, to say
the least, if 1t is true that an application
for pardon has been made to the President
Rules ms to Applications fOr Pardon.
There is set of rules governing all such
applications. which were strictly observed
so far as possible. These rules, which were
framed during the last administration, and
are still followed, are as follows:
1. All applications for pardon should be
signed by two or more credible persons. be
addressed to '"The President of the United
States. and be forwarded under cover to
THE Attorney General"
3 The applications should state the name
of applicant. his age. nativity previous
occupation, the crime for which he was
convicted. in what court, and at what
term, for how long and to what prison he
was sentenced. and the grounds upon which
pardon Is asked.
). AS soon as they are received, applica-
ticns with the accompanying papers are
forwarded to the United States attorney
for the district where the trial took place
with directions to report thereon, sending
the statement of his predecessor when he
did not himself appear in the case, and
also that of any special attorney for the
government who took part in the trial He
is also directed to obtain, IL possible. the
views of the trial judge. Papers once so
referred will not be again referred without
a written request from the United States
attorney or the trial judge. j..
!. When both the attorney and the judge
advise against the application. Or when
recommendation is made by one and that
is adverse, the papers are not sent to the
President. except in capital cases, but when
either advises in favor of the application
the papers are submitted to the President.
). AS all applications are sent by the
Attorney General 10 the United States at
torpey for report and docket entries 1t is
UNI ecessary and undesirable for applicants
to apply to the attorney or judge.
6. Reports to the President by attorneys
and judges on applications for pardon are
treated as confidential. and are not open
to inspection by the applicant or by any
other person, except with the written as
sent of the attorney or judge making the
report, nor, IL such assent be given. unless
it be shown that the ends of Justice require
the disclosure. All other papers. except
reports or communications to the President
are open to inspection by the APPLICANT ana
his attorney or representative, and ny
members of Congress
T. Applications will not be considered
DenQlnS
victiOn.
g. Applications, with accompa nying pa
pers, cannot be withdrawn after they have
been referred to the United States attor-
ney, as they are considered parts Of the
records of the department. If. however,
the applicant will have copies made at his
own expense for the Department files, the
original papers will be returned to him.
8. Applications made merely for restora-
ton TO full civil rights will not be consid-
cred by the President before expiration OF
sentence. After the prisoner has been re-
leased for a considerable period, if his good
conduct Is certified to by the people among
whom he lives, the President will consider
the application ..-- ~
10. When the President has acted, the ap-
plicanI or his attorney Is notified of the re-
suit. II pardon Is granted a warrant IS at
once sent to the applicant. either through
the United States marshal " the officer in
charge of the place of Imprisonment If
pardon is denied, copy Of the Presidents
Endorsement on the application Is furnished
to the applicant.
II. These rules apply to applications for
pardon before conviction so far as practic-
able, and also to applications for restora-
ton to civil rights.
Wonld Be Referred by the President.
If by an inadyertence an application for
pardon were made direct to the President
it would ordinarily be referred at once to
the Attorney General and would follow the
usual course indicated in the rules, and
the Attorney General is quoted as having
said that an application in the case of
Mr.. CHAPMAN should it reach him, would
be handled precisely the same as all others.
That means that 1t would go to the United
States district attorney and the trial
Judge, and if one or both of these officials
should report adversely upon the applica-
tion it would be filed away In the depart-
ment and not returned to the President
for action unless he should specifically call
II up for consideration.
The petition being circulated among the
senators i'll behalf of Chapman will I'M
doubtedly follow this course unless the
President directs otherwise.
1t all rests with the chief executive and
the probable course Of action Is purely
speculative.
At the City Hall.
The application for pardon Of Mr.. Chap
man has not yet been referred to Mr..
Davis. He expects, of course, that 1t will
be in due course CT time, but what recon-
mendation, If any. he will make, he, of
course, declines to even intimate.
Iu sentencing Mr.. Chapman, Judge Cole
intimated that his was In the nature of a
trial case. ard for that reason, and because
the court was Of the opinion that Mr..
Chapman. in refusing to answer the COM
mittee's inquiries did SO upon the advice
of his counsel. who advised MIN that he
had legal right to refuse to answer them,
the minimum penalty was imposed. Judge
Cole also refuses TO discuss the matter but
1t Is not belle, ed that he will recommend
that the President deny Mr.. Chapman's
petition.
1t Is more than probable that Mr. Chap
mans petition for pardon will also b re-
ferred 10 ex-District Attorney Bfrney II
1t Is there Is very good ground for the be-
lief that Mr.. Birney will recommend that
the petition be not granted. 1t is under
stood that he takes the position that Mr.
Chapman and the uutried defendants were
we'll acquainted with the provisions of the
law they are charged with violating, and
that they olio,,id not. therefore, complain
shen called upon to suffer the conse-
quences.
Mr. EiIney stated to q Star reporter this
afternoon that ne knows nothing of Mr.,
Chapman's application, and begged TO be
excused from expressing any opinion In the
matter.
Trials of the Other Witnesses.
District Attorney Davis Is making all
preparations for proceeding Monday next
with the trials OF Sugar Trust Witnesses
Mccartney. Havemeyer. Searles. Seymour,
Edwards and Shriver. He has not yet
decided just which defendant will be called
for trial first. but will do SO Thursday
when he will notify the attorneys in the
matter.