The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-04-02
REAL, THE MURDERER.


REAL, THE MURDERER.
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The Execution Set Down for To-Day Post.
poned acknowledgement of Error and Stay
of Execution Granted by Judge Suther-
lnnd-Premature Prepa rnti0ns at the City
Prison for the Final Scene.
Yesterday morning large audience was in attend
ance at the Supreme Court Chambers, located In the
brown stone building in the City Hall Park. awaiting
the announcement Of the decision Of Mr. Justice
Sutherland on the application for o writ Of error
and stay OF proceedings in the case Of John Real.
On the 9th of February last at midnight the prisoner
was sentenced by Judge Barnard, at the Court Of
Oyer and Terminer to be hanged the second day Of
April (to-day) between the hours OF nine and eleven
In the morning. The crime with which the prls
was charged, and OF which the jury found him
guilty, was the killing OF O1lcer John Smedick, OF
the Twenty-irst precinct, Metropolitan Police. 1t
will be remembered that Real was concealed near
coal box on the corner Of First avenue ana Thirty
second street. on the night Of July g. 1885, and as
the officer passed the prisoner stepped forward and
shot him dead, then fired second shot at his falling
victim, which would have proved fatal If the first
had not, and Ned up Thrty-second street. He was
Intercepted by officer James Nee and directed him
to stand aside he would shoot him also. The
officer pursued and captured him, and the prisoner
at the station house and on his way thither gave
vent TO the most extravagant expressions OF sats-
faction at having achieved the revenge he desired.
on Monday last the argument for the stay took
place before Judge sutherland, Judge Peckham, OF
Albany, and Cunning 8. Bedford Jr, City Judge,
sitting as advisory associates. Ex-Judge Stuart APP
peared for the prisoner and District Attorney Gar
vim who conducted the prosecution, appeared for
the people in opposition to the application.
Yesterday morning. shortly after taking his seat
the bench, Judge sutherland rendered the follow
ing
In the Natter or the Application or John Real for
the Allowance or a Wrh or Error nth stay or
P,oceedtngs.-The evidence OF Henry Real, a wit
ness called and sworn on behalf of the prisoner,
was certainly material. On his cross-examinaton
he was asked by the District Attorney this
question, ''Have you ever been arrested In
New Yorkr' His answer was, 81 have, SIR"
He was then asked, "DO you remember what
counsel for the prisoner and appears not to have been
answered. The District Attorney then asked this
question, Bave you ever been In the PenitenIiary"
This question was objected TO by the counsel Tor the
prisoner. Tue Court then told the witness that he
need not answer the question II ne did not want TO.
| was IN the Penitentiary.n The District Attorney
! then asked, "How long there 2" The witness an
| swered, -Four months; innocent OF the crime, too"
Asking the witness whether he had been in the
Penentiary was substantially IN effect asking him
| If he had been convicted of criminal ofence
and sentenced TO the Penteniiary. An an.
| swer 10 the question involved an admission
or denial By the witness Of such conviction and
tence. Newcomb vs.. Greenwood, "a, n. \. r. 29S; The
People Herrlck IL John, r., 50: The King The
Inhabitants of Casel Carcinion Fast. u, and other
cases which might be referred to tend to show that
the prisoner had right insist that conviction
OF the witness Of the Penitentlary offence II proved
| at ALL be proved by the record OF conviction; that
the witness could not be asked whether he had been
| convicted and sentenced to the Penitentiary
| although he did not object that even on the
Examination OF the witness the conviction Of
the witness OF crime could not be proved by way OF
| Impeachment, by his own admission and consent, II
therefore that there is not reasonable grounds for
thinking that the Court may have erred In permit
ting, after objection by the prisoners counsel the
witness to answer the question whether he had been
in the Penitentary, although the witness was willing
to answer II. ! cannot say that this question
IL free from doubt that It IL not reasonable that
the prisoner should have opportunity OF present.
ing Il to the General Term for decision. Again. con-
sidering the evidence Of the witness Real his d.
rect examination which tended to show, II credited
| that there was cinch and struggle between the
prisoner and the deceased before any shot fired
any report OF pistol heard Icannot say that the
Court was 80 clearly right In overriding the
orer OF the prisoners counsel 10 show that the de-
| beaten and bruised the prisoner TO the peril OF his
life and had made threats OF violence against him,
and 'os' taose orea. hsa come 70 sne kmow
that the prisoner should have the opportunity
also s s SqssSa ,64 tho
decision OF the General Term. without advertlng
to other points or grounds OF error urged by me
| prisoners counsel think II IL my duty, under the
circumstances to allow the writ OF error and direct
that the same shall operate az stay OF proceedings
| until the opinion OF Judgment OF the General Term
can be had upon the need not say that have
not come TO this conclusion without most careful
| examination OF the bill OF exceptions and OF the
questions presented by 10. But perhaps should say
that this conclusion has not been arrived at without
consultation with the learned judges who so kindly
sat Win me when the application was argued.
USELESS PREPARATIONS
| As soon az II was known that the decision OF the
court was In fayor Of the application, the grou OF
| men who had loered around the vestibule OF the
| court dispersed. shortly afterwards Under sheriff
| stephens aud Captain Coulter, warden OF the Tombs
TACT that the stay had been granted. Instructions
were also simultaneously conveyed 10 the carpenters
who were erecting the scanold In the southwest cor
ner oil tue prison yard 20 quit their repulsve task.
| Ihe scanold had been erected by three men sent
there Tor the purpose, and everything was I'm read
ness Ior the death scene or nearly Doors OF the
dinerent prisons had been locked and no prisoners
| were allowed In the yards.
The scafold consisted OF five uprghts from four
teen TO sixteen feet In length and some half dozen
braces, puleys, ropes, DC, painted light blue, and
had been used In the execution OF several criminals
already. The scafold was taken apart and con-
veyed back TO the carpenter regular place for
its keeping. The strctest watch has been kept upon
| Real the last week; two under sheriff have been
sitting In 'front.' or his cell no. ~ the keepera STOP
ping until seven O'Clock, instead OF leaving at six,
| the usual hour large number OF Reals friends
were permitted TO visit the prisoner Yesterday morn
ing and congratulated him on the order received Real
| very becoming and proper manner for the stay OF
proceedings. Real seemed TO have given mn Ali hope
that stay OF proceedings would be granted IN bis
case, and 50 had been carefully preparing himself
| for DEATH
Yesterday morning he partook Of the sacrament
n rIaIn Int.ss