The New York herald., 1875-12-03
THE CONVICTED MURDERERS.


VIEW OF THE oAsE OF THE THREE CON-
DEMNED NEGROES DENIED-A FINAL AND
UNSUCCESSFUL EFFORT ON BEHALF OF
DOLAN.
At the sitting OF the Supreme Court, General Term,
yesterday, before Chief fJusce Davis Judges Brady and
Daniels, application made for review Of and
reversal OF judgment in the cases OF William Ellis,
William Thompson and Charles Weston, the negroes
now under sentence Of death for the murder Of
the Jew pedler, in Lydigs woods, West Farms
in September last Messrs. Kntzng and Mott, coun-
sci for the condemned obtained writ OF error and,
Judge Davis made 1t returnable forthwith the argu
ment was Immediately proceeded with District Attor-
ney Phelps and Mr Rollins appearing for the prose-
cution
II argued by counsel that the Court OF Oyer and
Termner acquired jurisdiction try the indictment
The indictment found and filed in the Court OF
General Sessions and in opposition to the wishes Of the
prisoners transferred the Court OF Oyer and Ter
miner after issues joined The authorizes the trans
fer Of indictment Tor trial only saying nothing about
the transfer after joined. The District Attorney
selected the Court of General the tribunal
in which ndic he arragned the prisoners and upon
this arrangement issue was joined. In the case of
conviction in the Court OF General Sessions, an appel
late court has and II is its duty review the whole
de noyo and do subtantia justice; II has the
power TO the judgment in of erroneous
ruling without any exception taken at the trial. while
the Court has no power in case of conviction in the
Court of oyer and Termner to reverse a conviction
upon the facts, matter how unjust the verdict,
without exception The prisoner had a vested right
to be tried in the Court Of General Sessions, issue
having been Joined upon the Indictment; the Court
had right to transfer the Indictment, in which
ferrng the prisoners were deprived Of certain priv
ln0ac npfar hv fbn anf of = firth
contended that the prisoners interposed challenge
the array of petit jurors the ground panel
was improperly drawn having been drawn by Thomas
Dunlap instead OF Douglas Taylor The District Ator
ney demurred TO the plea, defendants joined in the
demurrer and the Court gave judgment for the people
upon this demurrer The District Attorney by the
demurrer admitted all the facts alleged in the plea
The Revised Statutes provide the mode and Of
drawing petit jurors for The Oyer and Terminer and
that IS by County Clerk Sheriff and judge So far
this question Is conoetncd 1t is no matter whether
Dunlap or Taylor was Commissioner of Jurors neither
had any right TO summon the juryi having
no lawful right or authority TO draw the
jury IL follows that the persons so drawn
lawful jury Again the Mayor had authority to
Douglas Taylor from the Office OF Commissioner
or Jurors and appoint Thomas Dunlap to that office.
The act under which that power is claimed related TO
the city of New York and not to the county. The
onlce of Commissioner of Jurors a county Office.
The Mayors power can only extend to the appointing
OF officers strictly limited in their nature 30 the city
request OF prisoners counsel upon the challenge to
favor. The Legislature passed an act authorizing
the court to act as trier for favor. II was further
claimed that the act unconstitutional IL is in de-
rogaton Of the common law right of trial by jury as
prescribed at common law. Tho Court OF Appeals have
he.d that the act of 1872 chapter 475 empowering the
Court 10 act trier upon challenge for is const
tutional but leave it open question as TO the power
of the Legislature To commit to judge the power TO
4 act as trier for favor.
Judge Grover in the case Stokes clearly intimated
his opinion that the accused could suffer injury
should the Court IN deciding as TO the impartiay
of juror upon challenge to cause because after all
the question Of his fitness unfitness to as
juror, whether he stood indifferent between the people
and the accused IS left to the trsrs upon the challenge
TO favor.
Assistant District Attorney Rollins contended in op-
position that the law says the General Sessions
Judge may transfer certain cases to the over and Ter
miner Court the matter wholly discretionary. As
to the second point the Commissioner Of Jurors has
nothing to do with drawing selecting jurors. The
| law says who shall be jurors and the Commissioner
only says who shall be excepted The law Of 1878 al
i lowed the Judge to try the challenge
CASE JOHN
After hearing the argument on the application OF the
negroes the Court listened for equally long time
application writ of and stay execution
made by Mr.. William + Howe behalf Of John Dolan
sentenced to be hanged the 10th inst the murder
OF James d. Noe at MS store III Greenwich street The
application based substantially the grounds
previously pressed behalf Of the negroes District
Attorney Phelps, however, in reply to the argument
\ made by Mr.. Howe, urged the additional points that
! the proper way to object to the Grand Jury to
move quash the indictment or TO that
members of the Grand Jury were improper jurors
After hearing the arguments the Court took recess
The decisions in all the cases we're awaited with con
siderable At halfpast O'Clock the Judges
came into court
Judge Brady rendered the decision OF the Court in
the of Charles WestoA holding that had
been committed by the Judge the trial. and affirm
ing the judgment
chefJustco Davis gave the unanimous opinion of
the Court in the cases of William Ellis and william
Thompson, also holding that there
mitted, and affirmed the judgment Of the Court below
Counsellor Knitting subsequently ntmaed that he
intended applying or VIII Of error TO the Court OF
Appeals, which was now in session, well Tor a
review OF the whole case In the hope Of having final
decision rendered before the 18th inst, the day liked
for the execution.
Judge Daniels rendered the unanimous decision OF
\ the Court, setting forth that there error com
Y mitted by Judge Barrett upon the trial and refused
7 the writ OF and stay Of execution. Whatever
errors if any, were committed, not prejudical
4 the prisoner.
THE ExEcUTIoNs-LETTER FROM THE GOVERNOR
TO SHERIFF CONNER.
During business hours yesterday Sheriff Conner re-
ceived the following letter from Governor Tden in re-
laon the Of sentences Of death to be
\ enforced during December
STATE NEw YORK EXECUTIVE CHAMRER)
ALBANY, Nov. a. 1875. /
/ WILLIAM O. CONNER, Sheriff Of the county Of New
sIR-In relation to the executions TO take place m
h your county during the coming month the Governor
directs TO call your attention TO the relating
to that SUBJECT and especially 10 the provision Of
ton chapter 25S Laws OF 1885, prescribing the per-
that may be permitted to witness the executions
eApeCIs tue Will not only be literally
complied with, but that It's provisions will not be
evaded by the unnecessary appointment Of special
deputies or otherwise.
He deems this caution proper, for the that
has come 70 his knowledge that upon previous like
casons in other States and counties large numbers Of
persons not allowed by law to be present have been
permitted 70 witness the dying agonies OF the GRIM
inas.
With respect to the details which left by statute
TO your discretion, the does not doubt that
you VIII take every pains TO prevent the recurrence Of
i those shocking scenes which In some instances in
other States and counties, have within the present year
disgraced the administration OF justice and the officers
concerned am, respectfully. yours
CHAS. STEBBINS Private Secretary.
MURDER0US JOE FARRELL.
The subjoined ante-morcm statement OF James
Reilly, who was Knocked down on the 10th ult. by