The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-01-14

U~~cema ard Ro<Agsrs, The Condemned MUIR
aercrs, mot 90 be Executed T0-MoTr0w.
A NEW TRIAL FOR cANCEN GRANTED BY THE
couRr or ArPkALs-rHE xTrIcr OF IKE vRrrs
oF kRRoR n BOTH CASES.
Tfe Court Of Appeals yesterday ordered . trial In
ne Of Cancem the Italian condemned 70 bs executed
scr the murder Of policeman Anderson.
The writ Of eSor and stay Of proceedings the Of
Rodgers the murderer Of swanston being ,be
she first Monday February, II therefore certain that
neither Of the condemned be executed 70 morrow.
The procured under the following pro-
VISIONS Of aw by which their effect win be clearly per-
cefved;-
The third section of the amended session laws Of 1855,
rage elS, provides
Every convscton for q capital offence, for pun
shsble a minimum punishment by Imprisonment In the
Ate prison for lie shall be brought before the supreme
yermner Of this State from the said Court OF General
Sessions Of the Peace in and for the city and county OF
New York, by writ of error, with stay proceedings
right and the said appellate court may order
trial shall be satisfied that the verdict against
The prisoner against the weight of the evidence or
against law that justice requires trial. whether
any exceptions shall have been taken or not IN the court
below.
Under this provision Judge Russell was not only ct
liberty but duty bound grant the witt Of
and stay Of proceedings in, the Of Rodgers, as
was also Judge Ingraham in the case Of Cancemi
The disposition of the condemned after the allowance OF
TIE writ OF and stay Of proceedings will be observed
from the following extract from the second voume third
edition Of the Revised Statutes, page go.
the defendant the Indictment for the removal OF
which such writ Il shall be allowed be in the custo
dy Of the Sheriff OF the county such allowance direct
stay OF proceedings the Judgment, 1t shall be the
certificate Of such writ being io and copy Of the allow
Of such writ 70 keep such defendant in his custody
ns sentence When may
70 abide such judgment as may DO rendered upon sucn
writ OF error.
The effect Of the writ in the Of Cancem to
pend execution until the Court Of Appeals should have
decided 10 whether he entitled to a trial.
The Court Of Appeals having now granted him a new
TRIAL. bis former sentence is OF annuled and he
has another chance for his life.
The effect of the writ OF and stay OF proceedings
h the Of Rodgers is TO secure for him from
general term Of the Supreme Cour-which sits the
FIRST Monday February decision to whether he
entitled 10 trial Should the application be either
denied rejected, the people the prisoner have
right TO appeal 70 the Court of Appeals. Cancemi, how
ever had the CsUt of Appeals denied trial, would
have been executed upon such day as the Governor
might appoint.
The Sheriff is by law required 10 notify the con-
dcmned, and the court and jury before whom he
k,ed three days before the execution. Not know
ing, however, what would be the result OF the
wrhs Of error, and being delayed by stay
sf proceedings, this notice has not been
given The Sheriff is in Albany endeavorng procure
yeprieve for Rodgers This necessary delay his
execution, but in his application for trial
should be denied, will the necessity of sentencing
him again The writ OF and stay Of proceedings of
themselves delay the until the decision Of the
appellate court.
SCENE AT THE ToMBs.
About noon Mr.. Furlong the Tombs visiting Canoe
nj IN company with several ladies who anxious TO
rec the man whose case had created such a COM
motion in this community. While engaged in CONVEX
saton with these parties, through the medium Of Mr..
Ctadora who acted Interpreter, and who has taken
q lively interest in the fate OF bis countryman
night broke In upon the condemned Italian. Messrs.
Bankman and Ashmead arrived and announced Canoe
the Court OF Appeals had reversed the verdict
found against him, and ordered him a trial Up 10
shs moment the prisoner all calm, all subdued he
scarcely raised his eyes, dared TO hope aloud, though
nwardiy be felt lingering claim to live. On the
pcuncement being made, his whole frame underwent
sudden and happy change his dark eyes gistened his
limbs uembled, but joyous smile illumined his saow
and detected conference.-the seemed in fast to become
q new man. AS he recovered from this sudden
Transition from despair hope, he turne 10 the ladies
and apoogsed for his personal appearance s wardrobe
being rather n1glt9s), and exclaimed, "God never de-
innocent man" Cancem was then left To his
nneditatons, which, doubt, of more consola
tory than those of the past months could possibly
have been.