The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-12-14
The WIG Poisoning case.


THE POISONING or MS wlFs-ro BE sxsCUrED on
TIM raIap or OBSERVATION-DISCLOSURES ARFI-
DAVIr ON HIS BEHALF.
surKKME ooURr-GNxRAL TERM.
Before Hon. Judges Roosevelt Strong, Sutherland and
IngrRham.
DIo Ia-The Court room densely crowded this
morning.
Tho District Attorney moved for writ Of habeas corpus
10 bring James stephens Court in order that day
might be fixed for hs execution.
Mr.. Ashmead thht the first motion ordinarily
made II such that the OF the Court OF
Appeals be made tho Judgment of this Court 10 desired
20 know thai ha0 boon done.
Judge Roosevelt SAID he presumed that the Judgment
The District Aol ney then the remitteer but In
Order TO be regular he would ask that the Judgment Of the
Court OF Appeals be made the Judgment Of thus Court
Mr.. Ashmead said willing TO admit that that
had been done He said that Ia tho few minutes which
allotted him he desired TO present his reasons 10
support OF remit the matter to the Court OF
Oyer and Termner; his fof doing was that in
that tribunal he had right ~ move for new trial, not
na' r, "a He nronossd 70 !,
that motion the Court Oyer and on tho ground
that discovered evidence had COME to tho know
ledge OF the prisoner Of material nature that
mitied 10 jury might probably produce another result
Mr. Ashmead then affidavit lof the prisoner set
she last two weeks had his Wedge
Of such character would insure to him trial.
The following is the affidavit Of the janitor:-
Ys ssas de lie m,
nd 1852 and YES 80 wheo the remains Of the lac Mrs.
ps The brought the college
S % T 2 s s ne
fa NAT jar containing some enc nssly smelling matter vas
E IT, Or SSss The r..
placed q The front bs.smso,, and s,ye charge
thereof ssid basement used lumber room and was
be .Ssa pAos cn'S. before ss ia.
S smu S1 and a ~s che ss
cohss which I'D oeeu us.a IL toe S l 81
isS Inc Coroner called ss bxba u dung
se he IN q
ana S ..rs we're onvsssS from seas
Hosptal private laoo rsory which the
s. Tho az was and sT0qsss ss
~ ,s Of SAID aiding where The dissection TOOK
unicauns nth said smpbhesre where
used preserve subjecs Of boues jars
pss1ss pipes sss &c e. ~ was asoe;sas
unbearable hat Students faculty and nsishoos adke
In ,he same buildings Oooars Dorsuas sadd aud
power and fluid forms rhe dissect,og soove he
sureo.s nj.ced a.~ne The phhsars where me
q Nh. S @ re a
word ever, body DO xnows .ns.eing OF the New York
ss AVA saturated with srsenc irom TOO to soom he
fumes Of srs nc from the abe a.ory Gaas the sn.lyss 40
were the remains Sac ed dure the analysis TOOK ,wa the
apartment ~here The analysis place nor the place
2 sasredy scaled one specs. evening" for period Jeff
may be inferred from fact RABBITS
The pc from he xindows into the gard Doctor Do
rsmas when The we're placed 10 m, charge I'D
compsseo ,bs On operaoop as being
Goodness arose. and xss meyer asked By him
sworn before this LIST day of December 1859 r Mils.
Ju &c Roosevelt called the counsels attention to the
case Of Quinbo Apo where prohibition been issued
against the Oyer ana Termner and that the question Of
fha nj ha nv.r TAep
trial was now before the Court Of Appeals.
Mr.. Ashmead said that another reason why the
sentence should be delayed until that question de-
Judge Sutherland expressed his opinion that the Court
OF Oyer and Termner had not the power to grant
trial and that the motion should be made before gene
ri term.
The Judges then consulted for few moments, during
which time Stephens anxousy watched the countenance
Judge Roosevelt then said-we have agreed that il is
not ID the OF this Court to interfere with the ndg
ment OF the Court Of Appeals We have alternative
but TO execute its mandate
The District Attorney then asked the Court to name
Gay for the execution Of the prisoner.
Judge Roosevelt, who much affected then ad-
dressed the prisoner as follows
james Stephens 1t again be comes my painful duty for
the third time pass upon you the winch
law prescribes for the crime VI which you were some
moaths since, convicted and which Consisted in taking
me lie 81 your wife by administering 70 her, under
color OF food or medicine, deadly poison, found
10 her remains when oisnterred year after decease
Months were consumed IN the careful aborious and
minute scientific anaiy sis, all tending deveopemepts
to the same result and leaving doubt in the
the chemists who conducted the experiments, or
In the minds of the jury who heard their tes
tmony, that the death OF the deceased was
the effect Of arsenic After trial of nearly three
duration you found guilty Of having deliberately
minisered the fatal drug Denying the Justice OF the
verdict, you applied 10 the Court Of Oyer and Termi
Der for new trial. Failing In that motion, you ap-
pcaled without TO the General Term Of the
Supreme Court and again with like result from the
Supreme Court TO the Court OF Appeals. Your orgi-
nal sentence, having thus been affirmed BY the
Court Of last resort stands 10 full force and whatever
doubts may have been suggested by you bv Others
your behalf IN regard to some portions Of the testimony
on which was founded legal which this
court in the present state OF the proceedings permitted
TO Douse, why sDouid not be execution All
that remains " US is the sad but inevitable duty OF ap
poLlng day for that purpose, and of signing the fatal
warrant which makes your child orphan devotes
you 70 an unumey and an ignominous grave.
During the passing OF the sentence the prisoner
tanned the same camness and forttude which he mani
Tested throughout the whole Of these proraced
ings He inquired of his counsel subdued voice if he
could address the Court he told that was use
less.
The death warrant then read by the clerk aud the
prisoner was given into the custody of sheriff Kelly