Daily national Republican. (Washington City [D.C.]) 1870-1872, 1872-10-22

Rfothfor reinforcement OF Sentence over |
ruItnnd Appeal to the General Term.
Int Criminal Court yesterday Mr.. Riddle |
mndge following application
AnAOw aner sentence comes the defendant,
caiiopf aaid sentence to Sfoasonablo time be.
you'd ie neNt Honoral term Of tue supreme
Uosrbr said District 70 enable the defendant
70 apI for wit o. error 20 remove said JUG
"' INV" '"' BARNEY wooD.
TO Gogsrt.
Thabove motion and application Is under
he Of section Of the act Of 1ply !, 1888. This
tatulls peremptory by tho third clause OF the
Arst stlon. Tho court In general term has all
10 peers Of the ola circuit court, while tho
bWoi and duties Of the criminal court. am
jnpaiug papers In absolute good faith TO pros.
eutethe case further, and feel constrained to
elorInd urge this application. ~,
For, Il. Wood.
he court Overraled the application, and the
ca viii " TO tho general term.
tr. Riddle here ilod the following petition 10
geerll torn but no action was taken upon u:
EH pdTfs Barney Wool; Petition for man.
daus-rht petitioner, Barney Wood, comes
aurospectfuily shows that on the 10th day OF
Oobot Instant he was, as he Is so informed and
mailer In the Criminal Court Of said District,
thu In regular session, whereof the said Hum.
phys was at the said time the Judge. That
aftwards-to wit, on the 18th day Of said DC.
Iolr-and before sentence, he hlod the follow
inlanOtlon and atidavlts 10 said court Tor
noNrial Of said easel Here follows the mo.
tod That the said motion aftoTwards-on tue
lgtinstant-cameo on for n hearing 10 said court
stiln session, before said Humphreys upon
Whh said hearing same motion md same AN.
dayB were, and on the sole proof, evidence
and Nhibits received, heard and considered by
saldi humphreys as said judge. That said mo.
tlonWith authorities, were duly presented and
arg ri ~ said court by the counsel Of the petl'
tIODs and submitted, and theroupon, without
argument for the United States, said Hum.
phrgs, as said court, Ovetruled said motion 10 y
wrltbn opinion. Whoreupon the counsel for
the ptltloner said that the defendant excepted
to sd ruling Of the court, and was about TO ASH
saldudge to note m exception, when said Judge
declrod that he would sign no bill OF exceptions
| in Id case, and said that the only remedy Of
the etltiOner was by application 70 the cnurt In
GENIAL term for a mandAmus to compel him "a
| sIumnd allow a bill Of exceptions. Aud there
| upOisal Judge proceeded to pass sentence upon
| TIC ptltloner. aud adludgod hun to be hange,
by TO neck until dead on the 9th day OF No
youber next,
rs peII Toner IL informed and believes tina
| no las not had fair and Impartial. trial D.
roasn Of tho preiudEmont, prejudice and bla
| Of sal Donaldson, as set forth Ia said hthdaylts
| and hat sail motion ought TO prevail In lav
| and ustce. That under the laws OF the land j
| IL hi right TO have said motion reviewed an
add ged in this court, and that II 10 his RICH
| to hive u true bill Of exceptions slgned BY sal
| Humphreys as such judge, without which he
wltlSut remedy. To thls end, therefore, b
| pray that the writ OF mandnmuS may issue gu
| Of tbs court commanding said Humphreys, .
| iud.p Of the criminal court, to allow and sign
| bill u exceptions, whereby shall be made full
| to appear exactly what transplred In sah couI
10 To hearing and oyerrullng OF said motto
| that tho rights Of the petitioner may DO pr
teettl, trial by Jury yindlcated and due admit
/ lstrtl@ Of law DO preserved.