The New York herald., 1873-05-11
NO CHANCE FOR NIXON.
Application for Stay Of Proceedings Before
Judge Pratt, Of Brooklyn-Argument Of Ex-
Mayor Hall in the Case and Reply Of
District Attorney Phelps-The Stay
Refused-Removal Of the Applica-
tion Before Judge Ingraham.

tion Before Judge Ingraham
IL ID very clear that Mr.. william r. Howe, cOun-
sci for the unfortunate Nixon, sentenced to be
hung On Friday for the murder OF Charles Pfyfer,
does not intend to spare any effort to save him
rom the gallows. Pursuant to notice previously
served on District Attorney Phelps, application
was made yesterday to Judge Pratt OF Brooklyn,
for stay OF proceedings In the case. Having in q
previous application, before Judge Barrett made a
lengthy and exhaustive argument. Mr.. Howe asked
ex-Mayor A. Oakley Hall to make the application
for him, request In which he was earnestly Joined
by the wife and friends Of Nixon. Mr.. Hall was ar
first reluctant, but ultimately consented. and yes
terday morning appeared before Judge Pratt al
the Judges chambers In Brooklyn. The little
court room was very crowded, but death-Iike
stiffness prevailed throughout the proceedings
POINTS OF MR. HALLS ARGUMENT.
Before entering, however, on his argument Mr.
Hall made the following predatory explanation
As the draughtsman Of tho law Of 1855. giving every
mater right and as never wSs & tie oce q Dis
enl application. This cali (not anywse solicited has
him without mention take V ono Ha and 1"
address the Judge Who OF breasted public ciamor
pse s one In
os wso p s 's
his preliminary doubt and estimation Of probable
70
ssae n cass D e Be ess n % the a
usce should take care tey not @i5ed BY the hard
whips Of Il By
!SS e make president which would ran, eoan
may @ has not 70 orsteS az his rights and although ths
BE- blow n
pd s % s
danger there re may be Of bringing down ndgna
Els
l. No ought to be deprived in any Court, of his
p6n S & Ss and % he
sustaining verdict upon facts Is paramount consider
II. After, verdict which causes a deprivation of
% d par n By p
peal from emil s legal i. nsidsnts o
privileges than lis iIfeis ~. ~ - = .ss
absolutely with the Inconvenience ofenduring mprison
v Shall man be hanged on the law of one tribunal
Whe an can have ana m by
ss and m the rssW petty suits and when
for murder IN about seventy cases to have been
reversed since the Revised Statutes enacedg ION
Observe an anomaly incident to this application In
sye & y two sd Nxon een s
victed before the General Sessions the statute would
tried the other his spplsatioR stay rests
By az II @ Y a
county instead Of the intention to that Of New
cases were iewS New York county Was included thus
be rs Sn hs day
ana q sspsai
for murder had before the jury and the Court posi-
Will The FOREGOING eminent considerations to ad
dress t9 discretion
judge the is id
to tbs s n sr
dsssona raNnins added to enlarged udci.
e s as
iaasss e
that they entertain doubt in regard to matter
a "a s s &c s S
sufficiently fixed in Nxon's mind to become premedita-
s
ton found q mSnslaughier This refusal
sSston q the Jury the subject Of but
ny ahs & te IN sn ee
fields Notes 70 s Greene @ E Ey p ~ also smith vs. Comm
SsS II
The writ may be "a ned The
still freshly remember the execution Of Foster Ana
peey It s nIns o s
would suffice Tor argument
The IN % Gs s 70 o
junior and Jealous associate.
Judge Pratt-But Mr. Hail. must administer the
law as It is The law may be partial In giving per-
sons tried for murder IN Sessions statutory stay
and leaving it to discretion in the Oyer and Ter
Mr. Hall-The State constitution, guaranteeing
to all equal rights in enjoyment of person and lib
erty would seem to forbid the spirit of this dstnc-
ti0n l know the letter Of the law SO says; but
why cannot your discretion be brought to equal
Judge Pratt-satisfy me there is probable cause
Mr. Hail. in arguing the point OF doubt, was
stopped and Judge Pratt remarked that the Judge
did charge that the jury might convict Of either OF
the degrees.
Mr.. Hall-True, but what we complain of is that
he did not specifically instruct them how to pass
on the degrees by applying to the circumstances
adapted to each degree the reasonable doub t..
Doubt on the whole case applies to q crime tn at
has one constituent element like receiving stolen
goods on false pretences. But where there are de-
grees the jury should be instructed, was asked,
II by doubt any circumstances Affecting the ques-
tiOn OF murder give him the benefit OF the doubt on
that, and killing being admitted) pass to next de-
gree and next. Ii the jury are unanimous there Is
that Take GO robbery. The iSry might doubt that
the crime was proven or that even property OF
twenty-five dollars worth was taken, and they
might not doubt that petty larceny was committed,
and so convict OF that.
Judge Pratt-But is not this mode OF instruction
Offering premium to jurors to originate doubtY
discussion arose, with incidental conversation,
as to this.
MR.. PHELPS ARGUMENT.
The District Attorney argued on the basis OF
Judge Barrett's opinion heretofore published IN
the HERALD, and submitted 1t from the HERALD re-
ports claiming that Judge Brady gave the man the
fairest trial and most impartial hearing and In his
charge about the doubt on the whole case neces-
sarily included the parts necessary to make II up.
His learned friend was wrong. The doubt on the
whole case has to be employed on each degree, and
probably was You can't separate doubt as to o
part OF the lacts.
Judge Pratt said he would decide at two O'Clock
p M.
Mr. Hall and the District Attorney left In car
riage, while Mr.. Howe remained to await the re-
suit. It was evident from Mr. Halls manner as he
left that he did not expect stay he remarked
on leaving to Q friend that he had done his duty
as counsellor and could not now reflect on any
omission or cowardice should Nixon be hanged.
JUDGE PRATT DENIES THE STAY.
At half-past twelve O'Clock Judge Pratt called
Mr. Howe ASIDE, and said he had made up his mind
St.vS for ~