The New York herald., 1872-12-05
THE CONVICT ROGERS.


Of Thirty Deys-ArGument or Ooun-
sci Pro and Con-The Governor Re-
viewing the Case-aHe did not Give
tho OAicer Five Minutes for . Hear
ing'-Decision To BE Telegraphed
From Sing Sing To-day.
Any uncertainty that might have existed as to
the execution OF the last sentence or the law upon
the youthful Henry Rogers, now In the Kings
County JAIL convicted and under sentence OF death
for the murder of ofncer Donohue, may be consid-
cred as set at rest BY the result OF the interview
had yesterday by counsel with Governor Hoffman.
The prisoners c0unsel's application for stay OF
Judgment being denied by Judge Fancher. and the
imminence Of the execution In consequence, COM
PEELED an appeal to the Governor for respite OF
thirty days. to enable counsel to take the case
before the Appellate Court on bill OF exceptions.
After attentive hearing Of the argument for res
pte and against it BY counsel for the prisoner and
counsel for the people, Governor Holman briefly
replied. but held out no hope that he would grant
the respite. Says the Governor, seThis man did
not give the odicer five minutes for . hearing"
The Governor in closing the interview said he
would telegraph his decision from Sing Sing this
morning. ,ia.4@ mo1l,a 1tsss aMH
THE APPLICATION TO THx GOVERNOR.
Mr.. Charles 8. Spencer, on behalf or the prisoner,
addressing the Governor In his room In his hotel,
said that they did not come before His Excelency
TO ask q commutati0n OF the sentence, but simply
to appeal for stay Of thirty days, to enable them
to go before the Appellate Court their bill OF ex-
cepti0ns. The granting OF this application would
only involve delay of four or five days longer than
the period nxed by the statute Counsel then pre-
sented at some length the grounds upon which it
was claimed that error had been committed. The
points submitted were in the main the same as
on thn ravia pliCofi 70 t,a
courts. Counsel c0ntended that the evidence did
not show that the prisoner struck the fatal blow,
nor was 1t proved which blow fractured the
skull. His strongest argument seemed to
be that the Judge had told the Jury
in 50 many words that i made very little diner
ence in moral or legal point of view whether the
blow was inflicted by one or by three persons:
and, although the Judge afterwards told the jury
that, as the indictment did not charge concerted
action, the prisoner could not be convicted on that
ground, unless they were satisfied that Rodgers in
Gicted the wound ID, from S,. which M death snsued.
In conclusion. counsel said :--Your Excelency is in
position where you can safely do what is just and
right. The fact that somebody should be hung Just
at this time l do not think will have any effect
upon you nor do apprehend that Rogers should
ent prevalence OF crime. appeal to you for thirty
days, merely to enable us to present our argu-
ments to the Court oi last resort AS Christian
give this man thirty days il for no other reason
than to prepare for his fearful doom.
Mr. Edwin G. Davis followed with an able argu-
ment in the same strain, to which the Governor
listened with much attention. Mr. Davis began by
speaking OF the brief timc he mad been allowed to
prepare Tor the trial alter his assignment by the
Court to defend Rodgers. He claimed the prisoner
was preludiced by the Judges charge, and that the
jury could not help understanding from tts tenor
that Rodgers was responsible Tor every blow struck
by the gang. He spoke OF the hearing before Judge
Fancher, saying that Judge Fancher had declined
to hear him when he offered to present authorities
Overruing Judge Gilberts decision, and although
these were contained in the brief submitted to the
Court the latter IN his long opinion cited no au-
thorities but those mentioned by Judge Gilbert.
Mr.. Davis also said that he had buOyed up Rodgers
with the hope that he would secure new trial
and Rodgers was not prepared to be hurried to his
death.
TIE CASE OF THE PEOPLE.
District Attorney Britton MADE q lucid and con-
hearing before Judge Gilbert. Then when they ar-
peared before Judge Fancher they claimed that the
CESAR n ustce TO "J Judpe Fansber Mr. Rrto 70
said that counsel had been allowed two hours and
half to discuss their objections while he only got
Judge Giiberts charge Mr.. Britt0n was satisfied
would show that, while il was adverse to the pris-
remarks the Court had 0naes tae ang
by stating in effect, "But these are questions es-
sentialy for the jury This application was ad-
dressed to His Excellency's cemency. Mr..
Britton recounted the facts OF the murder, and, in
relation to Rodgers own testimony, said that it
alone was sufficient TO convict him. single frac-
ture caused the death. There Is not one mitigat-
ing circumstance In the case. 1t was cool, calm,
deliberate murder OF policeman. cannot con-
ceive how the Judges charge could have been
otherwise than adverse While this man ought to
have
ALL HIS LEGAL RIGHTS,
1t lis fair to assume that he has had them his case
having already been submitted to two Judges, who
need no eulOgium from me. Your Exccllency, as
Governor, will be guided by considerations OF what
Is for the best interest Of the public. has grown
to be believed in the public mind that murder, OF
all crimes, will meet with no punishment at ali at
the hands or the judiciary, or II at all, with such
delays that the effect that follows from speedy pun
any eject to come from capital punishment it must
be executed at the time the public is in har-
mony with IL. It may seem hard to ask that this
prisoner should not have thirty days. While the
delay should be granted II the prisoner Is entitled
to 1t, submit that the announcement OF a re-
prieve, without good cause,
WOULD BE GREAT PUBLIC CALAMITY,
and would tend to the prevailing sense OF inse-
curlty. Counsels statement that he has held out
hopes to Rogers do not think your Excellency
should take into consideration. That Is respOnSi-
blty counsel assumes alone.
AT the close OF the argument Governor HOFFMAN
rose from his chair, and after receiving the briefs
and papers, remarked, "It can hardly be expected
that the Governor who has been out OF practice as
lawyer las he has been for years. should be ex-
peeted to review the decision Of Judges OF the
supreme Court who are sitting every day on ques-
tions OF law alter counsel have had full hearing-
Mr. Davis-I complain, Your Excellency, that
was awarded no hearing before the Judges.
Mr.. Spencer-We only ask for thirty days to be
heard.
Observation-Disclosures are always anxious to be
heard. He did not give
THIS OFFICER FIVE MINUTES FOR A HEARING
It is hardly the province or the duty Of the Cover
papers. ITO Mr. Britton.) Say TO the Sheriff to 90
on with his preparations. II feel called upon TO
interfere in favor OF the prisoner will telegraph
tomorrow morning from Sing Sing. don't want
any delay in the preparations
Counsel then took their departure.
TrSp0pTANT nECTSTnU TN pANu