The times., 1897-04-27
CHAPMAN's HOPE u|NCERs
Has Not Yet 0beyed the Bend Re.
quiring Him to Surrender.
EFFORTS TO OBTAIN PARDON
Question whether Ciemency Can
Re Extended Before He Crosses
the Prison Threshold Other De-
PENDANTS in the Contempt Cases
VIII Probably Soon Be Summoned.

The Chapman or sugar trust case pronl-
fses early and Interesting Developments.
The general public knows from the abstract
OF the final decision rendered hy the Su-
Irenle Court, that Chapman, who WIS
convicted and sentenced TO thirty days
in the Washington jail in the well-known
case, lost all chance OF further proceed
ings.
This decision was rendered long ago
that there has been some surprise that
the sentence of the lower court has not
i,een carried out.
This delay was partly explained by the
district attorney yesterday, who satd;
81 have withheld action in the Chapman
case until shall have had an opportunity
to read the opinion of the Supreme Court
which have not yet been able TO obtain,
and for the furth-i + ason that have been
very much engaged in court here. nave,
however, examined the bond which Mr..
Chapman gave ON his release on haDeas
corpus, and find that il calls on him TO
surrender himself TO the marshal OF this
Jurisdiction. / shall do nothing until 1
shall have seen the opinion Of the court,
which / anu expecting to see daily. AS
soon al see IL, If sEall GeCide it proper
TO do SO, i shall require Mr.. Chapinan's
counsel to produce him forthwith
IL was learned that the decision cf the
court is not yet ready for ''promuiga-
tfan,' nor is il open 10 inspection, as the
district attorney has called TO see it with
out success.
The district attorney said that he would
endeavoT to have Mr. Chapman surren-
dered as he had indicated, aud in the event
of "a failure IN that way he would have him
brought here from Philadelphia by the
marshal. The bond, however, according
to the understanding of the district at
torney, is that MI Chapman shall sur
render himself, which is evidently without
any further process being necessary.
il is fairly well known that an effort
is making now to have Chapman pardoned
SO that he will not undergo the 0dium Of
incarceration, from which, other than by
parlon, there appears 10 he no escape
ii was stated that the petition for pardon
had bee prepared. but that II would not
be presented until the day of the sur
render. II is presumed that the influence
Of the sugar trust will be the leading force
OF the petition.
One OF the interesting questions III the
Chapman case, growing out OF the re-
ported effort TO have him parfioned, is
whether he can get the benefit Of the
pardoning power hefore he goes 10 Jail,
or wehther he can be pardoned before he
is a bona fide convict. 1t is not unlikely
that the object of the desired interven-
tion 10y the President is to free the sugar
trust witness from the unpleasant expert
ence or even putting his foot across the
threshold of the jail.
The ight is to be resumed within a very
few DAYS now, as TO the other defendants
Mr Hayemeyer and Mr. Searles are To be
summoned for trial, with Mr. John Macart-
ney and MIR Shriver Mr.. Davis said that
these viii be promptly brought to trial
unless he was directed by the President
or the Attorney General not to do so.
Some inklng of the plan of the new
fight has already been given by Mr.. Par
sons, attorney for Mr.. Havemeyer He mas
stated that there is difference be-
tween the case OF Mr. Havemeyer and that
OF Mr.. Chapman, and he. OF course, ex-
poets on the showing be Will make toacquit
this very important one OF the party de-
fendants Mr.. Parsons viii probably re-
serve his new line OF defense until the
trial has been commenced
II has been intinated thatN Havemeyer
will take advantage of the act OF Congress
passed at the last session, which provided
= right never before given in the District.
Heretofore the law has been that the
decision of the District court of appeals
was a finality. The act changed the law
% that it becomes competent for a de-
siendant, who has exhausted all the rem
etfies up to and including the District court
Of appeals. to go beyond it and get the case
10 the Supreme Court on certiorari.
1t has been the impression, however, that
the decision of the Supreme Court. now
about to he promulgated, has passed upon
that matter fully in all the cases in which
Mr. Hayemeyer is CDe of the defendants.
The act Of Congress, if, as was reported at
the time, intended to offer new means OF
relief to Chapman, has so far been
failure, and it is believed VIII be equally
imperative in the cases of Hayemeyer and
Eearles
The case of Chapman, as intimatel, will
not probably be terminated before the
question of the pardon is also settled
This will show who are acting in this in
terest and what influence IL can bring to
bear on the Executive. IL was said yes
terday that if Chapman were pardoned
there would be no reason at all why all
of those indicted should not also be par
doped All that now remains for the end
OF the Chapman chapter is that the dis
trict attorney shall ask his counsel for
his surrender, although the bond says that
Mr. Chapman should surrender himself.
The request To the counsel appears TO be
rather a matter of courtesy than of right
1t is not unlikely that the close of this
week will see how far the power of The
trust and its attorneys can affect The point
ed decision OF the Supreme Court
Stealing From the Government.
John Dent, an ash cart driver, whose
regular business it has heen TO remove
the waste paper, etc, from the court
yard Of the Postoffice Department build