New-York tribune., 1873-05-05
TIE COURTS.
NlXON'S PLEA.
ARGUMENT FOR A STAY OF EXECUTION.


ARGUMENT FOR STAY OF EXECUTION.
AS announced in Saturdays TRIBUNE the ex-
neeted appcation to the Supreme Court for staof ek
ecutiou in Nxons case was made Saturday. MI Howe
has been preparing bill OF exceptions and these were
brought up before Judge Barrett In Chambers Inc
argument Of the counsel quite long His hrst point
was that record showed that the jury who were sum
moned and eained the panel TO try the case were
not the Jury who rendered the verdict Next that the
Judge erred in admitting the statements d claratons
and acts respecting the finding of the pistol He referred
TO the refusal Of the Judge TO charge proposition acc
ing the question Of doubts 10 when the prisoner
was entitled, and insisted that the humanity OF
the law gives to the prisoner the Dencnt OF any
doubt, and that not only refused MIN, DuE the
,ury might we'll from the refusal and the charge
have understood that doubts upon specified ques-
lions no matter how important TO the final point were
imat cral and should be disregarded 1t was clearly
calculated to msiead the jury II the gum OF inc prls
oner was 10 be established by cham OF circumstances,
and the Jurors had ltaspndDie % uVuD1 III ~ aco i1
one OF them that ought not 10 have any lunehce IN
making up their verdict. III the jury had DOUBTS as C
whether IL was murder OF IA ~ Id T 49,
slaughter And that the Judge took away for the Judge
nv his charge restricted the doIbt to that which would
enttle him to an acqUtta deprylng him entirely OF inc
benefit OF that which would reduce tht crime 70 IH
slaughter also, be urged, fatal error III mat
port0u Of the Judges charge which the latter stated
that design OF killing might be formed on the instant
OF killing. He insisted hat there must be prcnedtatOn
that is some time before the act unGet the law 0f TINS
state Afer Insisting that the Law OF 1855 gave 10 the
prsoner the right appeal 10 the supreme Court ana
from the Supreme Court to the Court OI Appeals he
urged in conclusion that upon the points submitted
and thr guestors raised especially considering that
Judges Barrett Irat aud Davis granted stay Oh pro
cecdings the cases OF the wealthy prisoners st9hes
and Foster and IN OF the reasons gwen 10y thoso
learned Judges those cases, the same rgt lhe sao
privilege slOud be accorded 10 poyerU-slcAeh hl&Ao &
Assistant District Attorney Lyon, In fepy sau tnaI
he had supposed this application was ehlrD eN paIte'
and he had not therefore, made preparation Tie sug-
that this application should have been hrst aue
10 the Court Oyer aEd Iermuer ana 10 Juuge bLdJ,
who tired the and tuat MS reasons IOr rIuS.ta
should have given in writing lie argued tudl te
cctnu ia the pIur oil Jurors could only be raised by
secial pleas that there was no dOHUt ftseu ~ ho e
tm0ny except by the witnesses who were utterly US
credited by their testimony ana entHely ul7lc
eyed Dy the iuIy; that the prisoners own Sess.uyNy
cured any detect as the proof Of tho pistol DehS Ms
that The charge the Judge as to the uoagh was Ia g.
ACT cOniormt, with tue RUE Of the Court OF Appeas
and IL not 40 prejudice arose, since the definition OF Inc
elements OF murder was clearly gwen elsewhere III INC
charge, and that the same hs OcCuItu III lcaIIon "
the ot her exception 10 the charge. .,., .
judge BarreIt reserved ms decision, but stated tha
he oid not consider the matter one o. GGcldi disCie
ton Du, one bc determined solely by .hc .a"'