The New York herald., 1875-12-17

msnt upon which such writ Ia brought
CHARLES DoNoHuE, Justice Supreme Court
Filed Dec. 10. la75.-JoHN SPARKS.
COUNSEL AT THE ToNRs.
- When Doan,s counsel reached the Tomhs he asked Al
the desk in the inside Of the prison what deputies had
deputies Carraher Shields He then produced the
documents and asked "Are you the Deputy Sheriff hay
ing custody Of John Doanp Carraher rerned,
81 am /" Counsel thanding over papersl >fieres
statutory stay Of proceedings issued BY the CLERK OF the
Court Of General Sessions aud oyer and Terminer
staying the execution Of John Dolan until
the Judgment Of tho Supreme Court shall be
had upon writ Of error this day duly allowed and ned
with the Clerk Of the said Oyer and rerminer.n Car
raher Shields then took the document and hurried
oil with il TO Sheriff Conner 70 deliver 1t TO HIM per
sonaily
Doan was standing at this time in the middle OF the
hall the deputy sherifs and with
JOY 20 be incapable Of utterance.
Not even when the contents OF the following
communicated to him did he seem 70 waver:-
Mr. stebbin Private Secretary Of the governor 10 whom
referred the application informs She Governor tnat
department has been that there Is such
which IDENTIFIES him in any way With the murder Of Mt Noe
In regard 20 "Diamond Jm,n mentioned in the fore
gong despatch the following telegram was received by
Mr.. Howe, dated Sing Sing, December l6, and signed
by John Gihney, attorney at law
"James Harvey was well known here by the name or
Diamond jim His wife lives here and has photo
graph Of her husband Show this to Laird"
carte dc ptste likeness Of diamond jim" given
20 Doan and he took frequent occasion TO show il 10
the people around him.
DISTRICT ATTORNEY PHELPS VIEWS
II having been rumored that new evidence had been
discovered and placed the hands OF District Attorney
Phelps in the form OF affidavit to the effect that
certain individual supposed to be the keeper of saloon
on the Bowery had been offered by Dolan gold watch
the night Of the murder Of Mr. Noe, HERALD re-
porter yesterday visited Mr. Phelps az his residence
in Forty seventh street in order If possible 10 secure
copy Of the affidavit referred TO- The District Attor
ney, in answer to questions propounded TO him, ad-
mitted that such document had been made but said
he did not feel at liberty to give any copy Of for pub
loation In fact he thought he should require TO use
II in the of the proceedings yet to be bad In the
case and felt that IL would not be proper at the
/ present time, to make the text OF the afli-
substance or II TO the purport
! the above mentioned. II proved
be this evidence will establish beyond the
shadow Of doubt Doans guilt for IT will be remem
bered that the trial Dolan swore be obtained the
4 watch from some the Monday morning TO sell,
while this new witness swears he offered watch
by the prisoner Sunday tthe evening of the muir
/ derl Mr.. Phelps said that he asonished to bear
that stay OF proceedings had been granted by Judge
Donohue and that he could not understand on what
grounds he had taken this action. Further, the Dis
\ fed OF any such course being in contcm-
1 platon He thought this very unusual
proceeding, and the District Attorney ought in cour-
tesy 10 have been notified either by the Court or the
counsel for the prisoner He could not he said, see
any for this delay being granted tor he felt per-
fectly satisfied Of the guilt of the condemned. The
would have 10 60 before the General Term OF
the Supreme Court and it would probably be several
/ months before any decision will be arrived at