The sun. [volume] (New York [N.Y.]) 1833-1916, 1875-12-03
MURDERERS TO BE HANGED
a FINAL EFFORT FOR THE FIVE IN
THE CIrY PRISON.
A Decision TINT will Probably Send the Five
Condemned Mcn TO the GnIIows-The PIN
tshInE Blow to tho n opes OF burglar Dolan.

Decision thnt will Probably Send the Five
Condemned Mcn TO the GnIIows-The PIN
tshinR Blow TO tho n opes OF burglar Doian.
The five condemned men who are con-
lined In Murderers Row in the Tombs are at
tractlnR attention because Of tho lmmlnence Of
the dread punishment to which they have been
sentenced. Counsellors Kintzina and Mott.
who were assigned by tho Court 20 the defence
OF william Ellis, william Thompson, and Charles
Weston, the negroes who arc TO be hanged for
tho LydiU's Wood murder, felt II to be their
duty to exhaust all legal measures for the relief
OF the clients imposed upon them by the order
OF the Court. They tried the case In the Oyer
and Terminer, after interpo sing an objection to
tho Jurisdiction OF that court, and the over
whelmlng proofs OF guilt made a verdict OF
guilty inevitable. Weston had separate trial
after Ellis and Thompson had been convicted,
because he clung to tho hope that he might
escape punishment by turning states evidence
against his accompicee In tho crime.
For Ellis and Thompson and for Weston sepa-
rately, Messrs. Knitting aud Mott yesterday
presented In the supreme Court, General Term,
& an argument si, an and written brief upon writ Of
able Immediately. Counsel made points
follows:
l. The Indictment was found 10y General ses
sions Grand Jury, and the prisoners were
raiRned and pleaded not guilty In that court.
9. They were tried In the Oyer and Terminer,
after proper protest against the Jurisdiction Of
u. me statute providing Tor transfer OF q
case from the General Sessions to the Oyer aud
Termlner, uses the word indictment to desig-
tho cascs that may be transferred, aud that
phrase does not include the plea which Is tho
necessary result Of an indictment brought to
trial. Hence after an arraignment and plea Is
entered the power Of the court, upon motion OF
the District Attorney, to transfer simply an in
dlctnent, Ia lost, and the Indicted person has
sscg,n,lred s,,,, vested risht 20 tho priyleGes and
culiar to trial In the General Sessions.
In behalf of Weston alone there was presented
the new Jury law which dispenses with the no
cessity for triers Of challenges In the selection
h however, because the General Term has already
decided that Judge OF Court OF Oyer and
Terminer, under the recent legislation, may act
as trler OF challenge for cause, and there is
scarcely = pcrceptiblo difference between the
constitutional basis Of a challenge for cause aud
Challenge to the favor.
There was further presented. on behalf OF all
tho prisoners, the objection to the legality Of
the Oyer and Terminer, based upon ine aver
ment that the panel was drawn by r. omas Dun
lap, ne fdctO Commissioner OF jar r., while Mr..
Douglas Taylor claims to be the Le nire Com mis-
siOner.
Assistant District ATTIC nev Rollins made the
answering argument for the prosecution.
Counsel for Dolan, tho murderer Of SIR. Noe,
took up the argument wherc Messrs. KNITTING and
made were involved in Dolan's case, and he
urged that there was an additional error In tho
sustaining by Judge Barrett OF his plea In abate-
ment which questioned the legality Of the Grand
Jury thnt Indicted Dolan.
The Court, recognizing the importance of
prom ptitude. took only about two hours for the
preparation OF the decisions necessary. Justice
ID wis furnished an opinion. concurred In by the
other Justices, to Ellis aud Thomp-
son. Justice Brady wrote the opinion as to
Westons case. and Justice Daniels gave the
finishing blow to all hope for Dolan. The ma
terial propositions OF the counsel for the prison.
ers were negAtyed seriatlm. The effect OF the
ruling Is that DOlan and Stauderman, whose
cases are In legal aspect exactly alike must be
hanged on Friday next. Tho three negro muir
derers have one weeks further time, and the
possibility Of having tho points made by their
counsel reviewed meanwhile by the Court OF
Appeals, writ OF error having bean granted In
their cases, whereas the ap plcaton In behalf of
ines. and It Is exceedingly improbable that IL
VIII be entertained by any Judge OF the Supreme
Court, now that 1t has been acted upon unfn-
vorAbly by the General Term.