New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1873-05-16

blow or whether t be contemplated for months This
has been the Leading ease ~ ns sed Sy the learned JUS
tice 10 the charge In this case are almost Tue Sc rs
those used In the case ctco A., o,,so, 20 cbaroe N.
requested The request WINS TO charge as Iolows;
prisoner entitled TO the benet OF any Dnn ,ho
case generally, but upon each ana every sPec1o "Ss
necessary for them to find before reaching o ou
the case and IL they entertain any SUM uo ,r
respect any matter necessary 20 ssIlin -,
either Of the higher 3lenses ~ rs tn ny suc doubt upon
the whole case. IL is their duty to ac1ult "nrto
quest made to charge Jang to charge any part Of
IT. IL Is the duty Of tho Court 70 PVs vnS
request such portions be charged Win PIoPrew
and omit the mass request to charge should Do IN
such form that the Court may charge III me Hotg III
Sitiwe / Kin 81; Keller agt NJ Y. Central Railroad
Coz "a How'd, D. B., ref IT, 49, N l., 80 o az tic
had had doubt upon some specific fact necessary to
lind before rendering verdict t by no means
that 1t was their duty 20 convict OF lesser 9nonso d"
was rraur stcd by The prisoners counsel. III such
charge had been made and excepted to IL would mayo
been calling fora reversal TIlS OF Itso uS
noses of this exception. The request was wrong, IL
would have been erroneous to charge IN Tue WoIus "
the request and the learned justice was HRnI III iou'
ing to charge any part OF H. ,,, , a., ,.oo- T nm,
disposed to inquire further whether there %so any %
In charge OF the Court on THIS point Inc jury n
instructed as follows II you nave any loasona
bic doubt upon the whole evidence III tn case as ~ s
guilt the prisoner you should give the dement, Oh tnI
doubt him ANA acqut him. Thls was clearly C2loVt,
IL was considered because exception was taken 10
IT, After the request had been refused, as We thhh
properly. the learned Justice again sad 10 tne Jury
Won think real reasonable DOUBT hot aint
one doubt resting In reason or on proper ana AUG
consideration Of the evidence he Is entitled 20 H. aha
should have it," This substantially as stated In the
latter part of the request except ia conhfnlhx tno
doubt 10 their conclusions on the eEldence Wnom Wa
all that belonged to the jury The instruction covered
the whole case, and made II their duty 10 DC SATISFIED III
every point oil the evidence on Wnicn IL wa %
for thom % pass In hndlng what Oienso id oesh %
mitted. There was certainly nothing IN lnls part O uo
charge which and II the counsel thought
anything specific necessary, he should nave
asked Tor It without urging erroneous requests $50
Alter careful and full examination OF these qnes-
lions which have been argued before IA. we ore cOu-
PEELED say that We have seen no ground on when we
could interfere with the Judgment which mas been ron
dered In THIS case The counsel or h9 ps9nel aSh "
the court ia ease the judgment should be affirmed LOT
Of proceedings to carry the case 10 tne OYurS o
Appeals. such stay should only DC grant9d ~ ~
Justice tais Court or OF the Court OF Appeals IL
was within province to grant IT, we ieel tha tne OK
| ceptions I'm TINS case not OF such "a character
as To justify such order. The granting stay o pro
cecdings in capital cases tried III the OyeI anu
is now and always Das been matter vi ~ IN
justified unless the officer granting ~ Was ~
DOUBT as 10 he prOP t ~ 10 tbo due Observance OF
the rules Of law and clearly appears tnat 10 OH as
been committed on the trial. IL would be improper 70
grant such STAY such an appncatl91 u@9 a.pay peen
refused by seyeaJ Judges 70 whom 1t was made ana we
feel that there "a nothing that mas been suDtnd 70 US
that would warrant US IN granting IT, Judgment III
THE PRISONERS DAY on EARTH.
After sleeping quietly several hours, Nixon arose at
a. M Yesterday, and knet in silent prayer before MIN
ature altar and crucGx placed in his cell by the Sisters
of Charity Soon aferward the Rev. Father Duranquet,
his chosen spiritual adviser, who has attended him daily
since the OF death was pronounced arrived ana
accompanied him to the prison chapel escorted Dy the
two Deputy sherfs charged with watching the pris-
oner and several keepers Of the Tombs In the chapel
mass was celebrated by the Rev. Father Duranquet as
sisted by the Rev. Father McKenna Of the Mott-st
Roman Catholic Church After mass the condemned man
Dartook of the sacram ent which was mpressively ad
muisered By the attendant clergymen. On returning
from the chapel prisoner seemed more cheerful per-
haps, than at any other time since MS cOhVlcuOn'
and he descended with firm tread the stone steps
leading from corridor to his CELL He then partook
with manifest RELISH ola substantial breakfast which had
been prepared by MatrOn Foster. Meanwhile, work
men were conveying the beams OF the scaold to tho
customary site in the southwest corner Of the prison
ward directly in front Of the entrance the depart
ment for women. and almost opposite the window Of the
prisoners cell. After finishing his break
fast, Nixon resumed his prayerbook and
rosary, which have lately occupied much
of his time = While he was thus engaged the noise Of
the workmens began echo ominousy through
his cell Arising from his cot he closed the window TO
exclude the sound which had evidently disturbed nun
greatly and awakened q feeling OF dread whlch ne
seemed unable 10 conceal. though the subsequent
nOuncement OF the final adverse decision OF the courts
received without murmur or a sign Oh unahIicl
Warden Johnson visited the prisoner frequently and
refused Abundance 10 all visitors not entitled 10 hold
intercourse with Nixon but admitted, at intervals sew
era men and women whom the prisoner had expressed
constant attendance, and MS own sister was present
during the greater part Of the day and evening.
At about IL o'clock his wife arrived, ana, AFTER con-
yerSing with her for few moments, nc SAID,
bursting into tears Mary, I'D like to see the little
ones once more before 60" His wife, who had been
mparatiyey composed, gave way TO her own ieengs
aud both wept and sobbed conyusvey for several MN
utes Warden johnson allowed the prisoner TO meet his
children in the audience ON the farther side Oh the
yard from the cell and near the visitors en-
france TO the TOmbs. Mrs. Nixon, at about
p NJ. arrived with their children, two of whom
are seven and four years old, respectively, while
the third infant of only four five months. In
crossing the prison-yard Nixon glanced with moment
ary shudder az the scaOld and passed quickly TO the
audiencerOOm where his wife, sister, bro her ana chill
dren awaited him. The interview was very affecting,
and Deputy Warden Finley, with Keeper kennedy, VINO
iarity with similar After kissing his children
again aud again, and embracing them ferYenty, he
charged them 10 be good, and e&horted his wife
10 attend strictly 10 their religious training above
all else. Returning 10 his cell he conyersed
with the cergymen, and listened atteDuVey
10 their counsels He urged Warden johnson 10 permit
his wife remain with him till midnight, but the War
den felt mpelled by sense OF duty TO designate Q
O'Clock the hour for separation AT that h0ur there
fore, unfortunate woman Withdrew, after melan-
ehOy parting, and left her doomed husband Win his
custOdans and the clergy.
Inc execution will take place between the hours OF 10
A. w. p. to-day, probably soon after the earlier
hour indicated The gaOws Is the same that was used
in the hanging OF Foster and several Others. Snern
Brennan issued the usual nvitations YESTERDAY. App
cations admttance have been made In great number,
but the passes granted have been limited and the crowd
OF morbid sensatOn-seekers Will probably DE smaller
than usual,
THE STOKES APPEAL
ALBANY, May 15.-Mr. Perrin, Clerk of the
Court Appeals this morning signed the VII! Issued
by Judge Brady staying the proceedings In the case Of
Edward 8. Stokes This will bring the cause immedi-