Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-07-18

10 bound and determined to get into tho
penltentiary and won't be happy out Of
jail his course is easy. All he has to do is
to appear in the circuit court Of appeals at
Chicago and dismiss his appeal from the
lower court. Nobody can prevent him
doing that and the moment It Is done the
marshal will nab him 50 quick 1t Will make
his head swim. and he will be In prison in
a jiny He Is only at liberty pending the
appeal. and on a supersedeas bond"
Mr.. GOurdain appeared in tho clerks office
of the Supreme Court about 10 O'Clock this
morning and sought to 1le a petition for a
writ Of mandamus which, he asked, should
be directed to Judge Groscup ordering him
to permit the petitioner to be locked up In
the penitentiary az directed by his sentence
In Judge Lands court. He was told that
the petition could be presented only In open
court.
There were newspaper men watch all
the night with Mr.. Gourdain. who testify
that in accordance with his VOW mot 10
eat. sleep nor drink until the Supreme
Court should either allow or deny his petit
tion." he did not retire. Likewise he refused
which he ordered for his companions. He
sat and chatted with them while they ate,
but refused to taste meat or drink
Started to the Capitol.
When he left the breakfast table MI.
Gourdain called for his stenographer, and.
after making some corrections in his petit
ton he started to the Capitol. with the pur-
pose of presenting bis prayer. stopping on
the way at the Senate stationery room to
have his fountain pen filed with the red
ink which he had sought in vain 10 secure
at the hotel. With this he attached his
name to his petition and then fastened
to the Office of the clerk OF the court.
At the clerks Office Gourdain was intro
duced to the clerks in charge. He lost no
time in presenting his document. After
CHANGING at it and discovering it to be u
petition for a writ of mandamus, the clerk
handed 1t back. telling Mr.. Gourdain that IL
could not be presented except in full and
open court.
why not?' the visitor demanded.
Because such Is the practice of tho
court" was the reply.
rs this court different from othersg'
Gourdain asked. apparently neither daunt-
ed nor surprised.
No Session Until October.
The clerk replied that he could answer
only for the tribunal with which he is con-
nected, and when he added that the court
would not be in session until next October
the petitioner promptly requested TO know
where he could find some member OF the
court The clerk replied that none is IN
the city but that ne should see Justice w.
R. Day of his circuit, who Is now in can
ton, Ohio. This information appeared to
be dispensing. ana aiter u itiSutai CoiO
ton as to the time required for the trap;
Gourdain asked how long the justice would
be at Canton. When told that the clerk
did not know, he said he would wire ana
ascertain. He then resumed his pressure 70
secure the acceptance OF his paper ana
when II was again refused asked whethef
an individual justice would not grant H.
Mr. Maher expressed an opinion In lhe
negative and with this Gourdain took IS
sue contending that IL Ii were petition
for a writ Of habeas corpus IL couio p1
acted upon and that there Is no material
difference He then asked TO have VIII
ten statement of the clerks refusal 10 ac-
cent the paper. and as IL 10 De sure VI
the propriety of all the steps taken, SAL
down and wrote formaa reaue S 70
request. wrote a formal reply, declining 10
accept, as follows.
netition for a writ Of mandamus. but I
SSs ahsfa Sser 70 the e p sea
lice such petitions can only be filed after
leave of court Is first obtained or motion
In open court
AS / cannot comply with your request
return-you the petition herewith.
at q O'Clock he would depart for New York
where he hoped to meet some of the JUS
tees of the Supreme Court In the mean
time he would wire Justice Day. request
ing that reply be sent to New York
Here on Time.
well, boys I'm here on time" was the
remark OF Gourdain. when he arrived In
this city yesterday.
The visitor reached the Raleigh Hotel
shortly before O'Clock and signed the
Continued on Sixth Paee)