The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-05-15
TREMBLING IN THE BALANCE.

Argument In the Case of Nixon Ycster.
day In the Supreme Court, General
Term-A Decision To BE Given This
ACKNOWLEDGEMENTS and Demcanor
OF the Condemned Man-His Spiritual
Attenda nts-The Preparations for His
Expected Execution.
Nlxon's indefatigably faithful and persevcring
counsel, Mr.. William +. Howe is still using his
utmost endeavors to obtain for his client length
ened lease OF life. With this view he made appli-
cation yesterday before the Supreme Court, General
Term, Judges Ingraham and Davis on the bench,
for hearing in the case.
Judge Ingraham said that II the intention was to
apply for stay of proceedings the Court could not
entertain such application but that il 1t was the
desire OF Mr.. Howe to argue the case upon excep-
lions taken at the trial they would hear the argu-
ment upon writ OF error
Mr.. A. II. Hummel. the associate of Mr.. Howe,
upon this announcement, accompanied by MIR.
Lyons, Assistant District Attorney, at once went
before Judge Fancher, sitting in Supreme Court,
Chambers, and upon stating the case to the latter
Judge he promptly granted writ of error, Mr..
Lyons meantime having moved the preliminary
notice usually required in such cases.
MIR. Howe announced to the Court the procure
ment OF the writ Of error and thereupon the Court
and certainly 1t would seem an act OF very kind
consideration under the circumstances-suspende
II.
Howe's argument. He spoke at great length and
most ably and ieelingy. The points OF his argu.
menI were the same, though elaborated at more
eloquent length, as IN his argument before Judge
Barrett, which was published In iul in the HERALD.
His exceptions II VIII be remembered, were, first,
TO the panel; second, to portion OF the evi-
dence, and third, to the refusal OF Judge
Brady to charge one Of his requests bearing upon
the question OF doubt as to any specific facts In
the course Of his remarks, however he paid a high
compliment to Judge Brady, and said that no
man ever received a fairer trial than that given
nAt.t t..
also submitted those given by ex-Mayor A. Oakley
Hall IN his argument before Judge Pratt OF
Brooklyn, which points have likewise been pub
lshed IN iul IN the HERALD. The legal ability dis.
played IN these points, he said could not be gam.
case, he felt assured that they would have 4 con-
trolling and, he hoped, favorable influence upon
the minds OF the Court.
Mr.. Lyons pursued the same line of argument as
IN MS response TO Mr.. Howe before Judge Barrett
AT Tire conclusion OF the argument Judge Ingra-
ham said that they would give their decision this
APPLICATION TO OTHER JUDGES.
In order TO leave no stone unturned Mr. Howe
mas within the past two days applied Tor STAY OF
proceedings In Nixon's case before Judges Miller
and Daniorth, OF Hudson; Judges Grover and
lie hopes that, in case the Supreme Court General
Term, give an adverse decision, some OF these
Judges may grant the stay.
PREPARATIONS FOR THE EXECUTION
In the meantime preparations for the execution
OF Nixon go on as usual. Cards OF invitation for
the execution were issued yesterday from the
Sherif's office. Nixon has exhibited exemplary
patience and resignation under the terrible load or
grlel when must now assail him. lie does not
complain OF his fate, but, the contrary saws that
all that could be done has been done and he ex-
poets no more. Nixon's vile attends HIM daily
and remains with him great part OF her time
She Is greatly cast down, but bears up brayeW
against her aniiciion. Miss o'Reilly, the female
philanthropst, also visits him daily as do the Sis
tiers OF Mercy, and Father Duranquet is with Nixon
almost constantly. Nixon is very attentive TO his
religious duties, and appears to have done his best
towards repentance. His fate will be decided
to-day.