, 1873-03-12
A DOOMED MAN.
It Was q Mistake About That
Supersedeas.
George Drivers Time is Up on
Friday.
How tho Condemned Received
tho News Yesterday.

nO" bhC CCAAttl4IlEtl 1tGCEIfGA
tho NcWs Yesterday.
THE Tribune wnn n1ialcd, yostorday, into tho
statement that George Driver, the wife-mur-
doror, had boon granted suporsodoas. Tho
atntempnt waa madc on infor1nntson received
from tho criminals counsol h1r. John Mason,
who wna worry positive in tho assertion TINT Judge
MoAllistor had discovered anflloicnt number Of
materia errors in tho record Of tho trial to war;
rant Btay of proceedings. Tho fact ia, Judge
MoAllistor refused to grant suporsodeaa. 11o
foifod to find whore my iniuattce had beon done
tho murderer, md hc 80 informed Mr. Mason In
b sealed communication containing lliB
opinion. Mr. Mason, however, did not
opon tho lottor, but Bont 1t direct to
to tho Olork OF tho Supreme court At Ottawa.
no imagined that it contained the Judges sca-
aona for granting H1poraodoaa, and ho clnimH
thattf language of tho Judge, whom ho first
examined tho record, warranted him In so inaag-
lining. Whom tho Clork of tho Supreme Court
oponel tho communication, ho discovered that
its contonts woro entirely difreront from what
Mr.. Mason had supposed, being Us follows:
This H. an application 10 Judge at Chambers
for tho allowance Of writ Of error in tohaf Of
nndsr @ sentence OF death e S srns Of y MURDER ts4s
foroclose tho pfhonors right Of appeal to any other
ord presented has boon nttentirely read and thu
points rclod upon for crror have boen examined with
ait the and elaboration demanded by tho holen
tsaua involved.
It Is oliscoa that t'o court s1 erred Il admitting
vito, In 1850, mud acts q abuse aud violence, si1
months and three mouths before thg homicide on tho
That hSy too rsn sn ThS sr To-
cunsaucos, made, could have had but little weight
w 'fna waae aq y on
tnia ground that shoy wero admitted, by evidence,
sna hd n 9 sa toward bs h
wap ctcarlY atmtnsfblo.
ot g
tho ooessod 10 tic erect hat t6e prisoner was drunk
= ssaes 1 sGas
fse+ established by the evidence IN this CASE IL Is That
liquor At tho timo of tho honlcido and il is oonela-
aivoly shown that he bud gil Of a usunl powers Of To-
sa' S 70 no dse n
sess upon sn who ~, vas .t tns be 70 ,, w
lste villa 10 DO considered with tho nstua facts, vts.:
ha ability to walk and eonyereo Bu: t.ken y ab-
erino: such was ths somnon law, ind b. boon pas
70 500 Fl cum S
,nisstblo for tic prisouor to rhow bis condition in ills
respect, 1t tho tino. In noo cases when tho drunk
oa @ not M dsT by @ hp m FL
reaait' riS' Of ' ecndent, thoaghtisssnoss, Or from
bss 5 G f & % as,nass mt saase s9 e 9s %
go fir In mitigation Of tho punishment So where tho
instrument used IS not obviously deadly weapon, #
~ to the question OF Intentional malice. 30, when tho
question Il guilty knowledge n = Apassng o9nnterfel.
considered where horo lega proyocation, and tho
accsaod carried hts resentment beyond The proper
g.: 7saay @ o
80 that as rules must ne general y u necessary
to iuct lowing ia effect to depend upon tho clrcuu,-
atancea OF each case. do not think there was anY
cred oyidcnce, bccauso to evidence waH merely cnnu-
ative, md could add little Or nothing to the weight OF
). Ills lat point is ono Of moro difficulty.
Tho Court was aeked On benlf Of tho prisoner to in.
ho jIf In St tut m hsfesG s q
snnur, sud then and thero sruek ito prisonoT bfox
tint ho theroupon, without deibelation Or malice
1;o% hsrc ss et
and the Jury should so fna. Tho Court rofuaoi to
s Tbo m Question hero presented i tho only on one about
which have any hesitation Mr. Russell, a writer OF
II W
dulgouco which Ia shown by tho lnw In TO
F.t .o Of % u % pn ra to
| brevs, Which, wlio tho frenzy Lasts, rcnders
mnn deaf 70 the yo'eo q tha provoc.tion
must be sonahinR which is conscious Il, which
ho feels and ressnts at TIC Instant tie fact Which he
Stances Of tho case must lead 10 tho conclusion at
tue act done, though intentional Of death great
Judgment mt md previouo maFnity Of heart, but soley
imrutable to human in1rnity. For tiore arc many
aro not permitted to oxunuato an act Of Homicide, Or
rebt the conclusion Of malice, to which the othor cir
eunktanccs Of tho case may Lead" Ruas on Crimes,
It is aso the recognized r,,e t1at an ASSAULT though
illegal, will not re!uce tho crime Of tho party killing
reyenRe is isproportionato and barbsrous Ibld SD
jacob ys. The stnte Humphrey, 4oa.
mothor out OF the bedroom, md standing be-
sido tho stovc. Tho prlHouor then out and took
or Wh s declined 10 e
have; TINT then he took something out OF hla poekct
hS oner dssnter IL cssa at she saw ' For inotSor
into hS 5 strike S thG r'oner in a
ThAt they both cao OUT and the w!tness stood around
tlcro some time, and then went out doors and down
tho pistol. sho was hot asked how long sho there
before tho shot hesra. But from her whole tcsl-
heard him ak tho deceased for money It is perfectly
apparent TINT ho dill not aloot his wsfo in tho frat
Instant. Or who outraged BY IT, effect. Net
thor 0f tho witnesses snw R1,y blood OIL his face,
| anu It ID wholly Improbable, when consider
tho prisoners AFFECT and besoted condition, that no
WINS capable Of being thrown into transport of naa-
aop on account Of tho insult to hiN another
olar.ctor Of uan might, under other circumstances
and, bosdcs all that 1t s not thu law that man who
rckouta tue injury Of trivial clap In the faco, In tho
disproportionate manner Of using or pintol and
shooting down lts wifu, can mitigate the onenso to
dirercut crcanmtae.s from tllose disclosed In this
cuec The preouor had exhibited towards Ills vito
most malignant disposition for long time anterior to
tho net Of shooting. Such bolng tho case, and the
lapso Of much time between the alleged Insult and
The shooting It wus impossible for tho jury to n that
such net tho result Of deliberate Judgment and
previous mAl!gnity Of heart but was BOLDLY inputabo
to the first transport Of passion aroused by Ills wife
A1nbntuH hin. Inn fare.