New-York tribune., 1873-05-07
TIE CONDEMNED MrRDERERs.

NIXON REFUSED A sTAY-JUDGE BARRETT'S OPINION.
Nixon, for numbering Charles Phyfer in
square sentenced last March TO be hanged
Oh May l6 The Is invested with peculiar interest
lust now and the decision Of Judge Barrett yesterday
on the application Of NixOns counsel, Hr Howe, for
stay Of execution discussed freely about Judge
Barrett after careful consideration of the arguments
made by Mr Howe has refused the stay in the following
opinion
IL is impossible to look into the record and bill OF
serupuOus regard the prisoners rights everywhere
eyinced. In my judgment he had fair trial, and the
more favorable 10 the prisoner than was his right.
Frst There but one exception 10 the charge, viz,
the instant doing the deed Of death" To this the
learned Judge added the following words IL Is not
does moi require any other deberatOn than that which
at the moment the deco ,s done py %heh tne
he entire current of authority ana the express decisions
Of the Court Of Appeals the People agt CaIk seid
sooId The prisoners counsel presented 10 the Court
so,ne 5 requests charge % Of which were charged m
, so a. retSis while two we're modified. One Of these
TodidcafioDs is argued, and the correction OF
1 s entirely free from doubt The request
words The prisoner is entitled 10 the benefit
OF any reasonable doubt when tne Jury may entertain
sve,g sne,e TACT necessary for them 10 md before
reaching verdict IN the case, ana II tney enteItan any
& vT1Ict Tor eli ber of the higher oeDses IL is their
doty TO convict OF the least, aud # they entertain
to Ils the very learned judge very properly
d,reu to charge as entirety while ne dld charge
tnai N the Jury mad any reasonable doubt upon the
WLoe evidence pthe case 70 the guilt OF the prs,
or they should gye him the Oenent ol tnaI oOuD' snu
r,oult llm These were specified facts IN the case
.'atte,sary the jury 10 ind before reaching yer
dlct" about which there no reasonable douDL g'
lie t5Duug OF the deceased by the prisoner Ihat ve
ing plOyed and admitted by the prisoner Deeae tnS
uu Oi tbe jury that was fact about YhleD tney c0o
hVr 10 doubt The request defective IN otneI par
cuars as we'll Al all events, 1t is perfectly clear that
broad. and that The prisoner had the iu Dch
en- OF tue Law upon the subject OF doubt.
THIRD. IL is claimed that the testimony OF Van bns
krk with respect ~ the finding OF the pistol was le-
ally admtted lind. however that this testimony was
,ayen without objection or exception, and the supse"
1uent mOfIon 70 Il was properly denied Besides the
miss ner could not possibly nave been prejudced IN
View of the tact he himself admitted having shot
The deceased. .
FonrM. The eolloquy between the Court, the clerk,
d I prisoners counsel with respect 70 the discharge
~ former Jury panel brings up no question for review
II ala there be no doubt OF the correctness OF The
n ar of the power Of the Court 10 discharge jury
,,ieT s,cb circumstances. These the only points
,,on which "A stay OF proceedings Is claimed. In my
fgn4ut there is no reasonable or any doubt OF the
S.etne.s If any ruling sought u be reviewed and the
.t,oaOn ior the stay OF proceedings must therefore
h. denied
j. Will w seen from the text that Judge BaHers ooD-