The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-01-07

Mr. Roardman sought to have the order
denying this appeal considered as the final
judgment of the Supreme Court in the case
In denying the application on the habeas
corpus proceedings Justice Brewer said that
under the construction by the court of the
Constitution the federal courts had no pow
er of limitation on the right of appeal in
habcas corpus proceedings, the opinion be-
ing that such appeals should not be al
lowed where the appeal operates to sus-
pend the power OF the state authority, and
especially where the case has already been
heard on one appeal in habeas corpus
proceeding. With reference to the writ Of
error he considered especially the repre-
se1tation OF Mir. Boardman on the claim
that as the Constitution of Califofn MIA grants
an appeal such an appeal becomes vested
right. The justice considered this point
carefully. but said that as he could not ac-
cept the courts judgment on this point as
It's hnal action he could not. therefore, see
mis- way clear to interfere on this act Mr..
Boardman pointed out the probable execu-
ton Of DurTaut tomorrow would have the
practical effect Of making the judgment
mai so Tar as IL should bear on his for
tunes but the justice held to his original
determination in the matter In present.
ing the matter Mr.. Boardman was armed
with a long list of documents, which he
used especially in his effort to secure the
review of the courts action in the habeas
corpus proceedings. This related to alleged
errors in denying the prisoner his rights UNI
der the Constitution.
Mr. Boardman this evening had con-
ference with Justice Harlan, and in the
the Supreme Court as he can before the
neon session. Owing TO the urgency OF the
case he Will be given instant hearing when
the court conyenes at y O'Clock Allowing
for the diffeTen in time, this viii give him
an hour and g half for Geographic stay
Of proceedings in case of favorable action.
Mr.. Boardman viii apply either for writ
OF prohibition on the ground that the JuriS-
oictiOn of the United States Supreme Court
has been uaurped by the lower court or
else for an original writ of habeas corpus.
The first method would necessitate a mo-
ton for his admission TO practice before the
Supreme Court, and arrangements Will be
made to have this done in the shortest pos
peal for writ of habeaS corpus would not
necessitate the admission formalitieS so
that 1t is the form in which action probably
will be taken. In case Mr.. BOardman can
secure the signature of Il single justice out
of the eight to his petition this will act as
a summary stay OF the proceedings. and
the case will then come up for argument on
its merits. Owing to the very scant time
at the attorneys disposal arrangements
have been made with the Postal Telegraph
Company to have a through wire to San
Francisco ready at noon so that no time
will be lost in forwarding the message As
to the legality of telegraphic stay of exc
cution one of the justices of the Supreme
Court said tonight 1T is matter that,
so far as / know, has never been legally
tested but in case Of a Geographic stay be-
ing sent property. attested by the clerk OF
the court I should say it would be most
unlikely that the warden in charge OF the
execution would disregard it. In case of
such disregard the court might very prop
esly take cognizance of the matter after
ward, but in this case 1t would be too late
to benefit the prisoner owing 10 the Pc
culiar urgency of this case, L should say
that every facility will be given the attor-
ney OF the condemned man for a speedy
hearing. whatever the action OF the court
mo l,e