New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1866-11-08
CIVIL COUR rs.
COURT OF APPR AIS.

IMPORTANT DECISION TO PR0SBC UTIH0 OPPfCBRS-THB
GENERAL TBRM OF THE SUPREME COURT HAVE THB
POWER TO PIX DAY FOR THB EXECUTION or
PRISONER WHERE THB RECORD IS RENTED TO 1T
BY THB COURT OF APPEALS
The following is the opinion of the Court Of Appeals
in the Of Frunk Ferris
In 70 the application OF Ferris for writ Court
Doyie, Oh 1.-The facts appearing upon this application
follows The prisoner indicted tried and convicted
N the CSuf OIL Ge9er sSson' % o. s oe b Ssv Of F,r
1865 of the crime murder in tho first degree and sentenced
20 be executed day OF April following On the day
Of his conviction and sentence tho was removed by wit
Of to the Supreme Court for reyiow and on the 2d OF
that Court The by writ OF TO this
Court aud in the month Of june last the Judgment OF tho SUI
preme Court to proceed hoen according law On the 2d
day of June last after bs said record had been remed from
this Court Supreme Court proceeded thoron In the manner
following On that day the prisoner was brought into SAID
Court before the General Tern Thereof y virtue o. WIZ Of
upon "cOnsde order and adudge that the prisoner Tort
stands convicted be taken to the City Prison CRY Of
HcwYork from whonce he came and on Friday the nth oil
This is identical with, md but repetition or that
pronounced By theCou Of General Sessions except In the day
ia warrant to the sheriff Of the City and County Of New York
execution be done upon the said Frank Ferris ac
corng law And tho said Court did therefore appoint the 18th
day August then next the day upon which the said sen
tcnce should be executed
the execution Of the sentence until the 10th ofOcob 100 II
nov urged on behalf q the prisoner sS .ho 70
Judgment OF death upon this prisoner to Judgment Of the
affirmed and bs only one upon which tbs prisoner ean DO
hanged - j., =,
the execution Of the prisoner the sole 20 do that being IN
the Court in which he tried convicted and originally
think may BE- conceded that TO the first branch Of the
s position Of the prisoners counsel namely that the supreme
Ne prisoner is sound udsmsHt death had been %
nouneed by competent Court and remained IN full force and
entirely with prisoners counsel in tho second branch
Of his 6t proposition 10 wit that The Judgment OF the Court
Of General Sessions being still valid operative and affirmed
tudg could
executed II therefore work OF suPcreIogaon In tho Su
already passed accordance wifi the law
valid operative and unrevccd and had boon affirmed by the
another sentence and this supFome Court although
ancaled for worked no % 70 s PI a and
That romans ia full force valid and oern1e What Then re
ons OF this Court proceed according TO law tho record
being RENTED from this Court TO that that duty Is clearly
pointed out in the statutes Of this State q Rev STAT Secs q
section 20 enacs tina, whenever any any con.
yio sentenced the punishment OF death shall have bca
executed pursuant to such sentence and the shall stand IN
full force the supreme Court on the Of the Attorney
conviction wus had shall issue Wit OF hatd corpus TO bring
before such Court he be at large warrant
for his apprehension be issued by the Court
section "a enacts that upon such convict being brought
and circumstances and legal exist against the
ouOn Of such sentence they shall sign warrant TO the sheriff
proper County commanding m do execution Of such
sentence such time shall be appointed therein which shall
An these provisions have been literally complied with In the
present instance and the only departure from them Of
preme Court the sentence and judgment which had al
ready been By the Court o. General Ses and
Court The es Of the supreme Court and It's whole duty was
cause the convict to be brought before tribunal Thawa
done here upon bis appearance there the Court inquire
into the facts and circumstances and It should find that
legal existed why the should be executed
then il made the duty Of the Court to Issue to the
Sheriff Of the county In which the conviction had com
mandng him 10 do execution Of sentence such time
the Court should appoint All this had been done IN strict q
doubling regularity. The circumstance that the Supreme
Court repeated the already and operative does
less eectua That Court with the exception a this uncssena
particular has proceeded pursuant to tho directions Of this
these considerations dispose Of the second position taken by
She prisoners counsel namely that the Supreme Court had no
the prisoner We have that the language OF the Revised
day for the execution Of the sentence full force
The argument Of the prisoner counsel Is based upon the sec
sS 'sfon IN ess aC wor S @ % SdS
upon any indictment the record thereof shall be removed from
any other Court into the Supreme Court for the purpose Of re-
view he Supreme Court sha upon affirming reversing the
Judgment or other proceedings remit the record 10 the Court
from which the removed and the Court 10 which the
shall be RENTED shall power proceed therein
according the decision and direction Of the Supreme Court
prems Court upon wits Of error and ceorsH In criminal
cases Sec a. Revised Statutes 74 declared 81" the su
ncs to be executed the ha Be executed
cSSrd1gy the s1PTS%s Court shall rsvsE.; tho Judgment
be absolutely discharged according The circumstances Of The
This section amended by the Act Of April a. leo1
Laws Of 1863 Chap 2o by adding thereto the following pro-
vso Provided however that the appellate shall have
power upon writ Of error when Il shall appear that the
conviction has been legal and regular remit the record TO the
court in which such conyeon had TO pas such sentence
therein the said appellate shall direct .Jf
We had occasion Ne case Of Ratsky agt The People % N
T. l4 to pas Upon this section amended IN thai
were the opinion that the conviction OF the prisoner had been
legal and regular in the Kings County Oyer and Temne but
that the upon conviction
ranted In law and therefore reversed the Judgment Of tho
Supreme Court affirming ths and directed the record 10
be RENTED the Court Of Oyer and Temner pass the
this Court 70 have fixed the day for the execution
Of The sentence which this Court by its Judgment affirmed
Such certainly the practice in the Court for the Correction
Of Errors and there Is which be suggested
peten,I for that Court unless restrained BY statute
In the case of People agt Enoch 10 Wendell Chan
ceo in delivering the opnionAof the Court sad armAnee
Of Judgment Of the Supreme Court in capital am
ton Of sentence 10 resped BY the Governor until part
cuar day II the duty OF The Sheriff proceed and the
judgment Of the court at thai time unless further respite Is
granted Tie judgment has been reversed amended the
meantime am also opinion that this Is not case in which
il 10 necessary out writ Of babses corpus and 10 have
the convict into the Supreme Court before sentence
Of the be executed upon him The Judgment Of az
fmanee may therefore contain special direction to the Sheriff
10 execute the sentence the day the execution thereof
resped BY the Governor In the People
agt Clark Seden 33 this court on reversing Judgment OF
the Supreme Court and Affirming the judgment The Oyer and
Imet capital case whers the latter court had sentenced
the phF5noT TO be executed ordered that the day
fixed for the execution had passed. the proceedings must
be RENTED 10 the Supreme Court
Cu was that he record Be RENTED TO the suprsms Court
order that Court may direct the be
ecuted and that Court did accordingly proceed 70 have
that sentence executed gee Ihs People ss CLARK Psas
Of the act Of napposbs Ike the present
when the record 10 immediately removed out Of the supreme