The New York herald., 1875-12-17


Here Es put his handkerchief up to his eyes to wipe
the tears thai come unbldden into them
Mr. KNTzEG-Ellis, my poor boy, don't cry: II aT-
pears be the viii ofGod well the will OF the law
that you should die I'm glad to see you are neryed 10
meet your end with Christian ortitude.
Whereupon the two counsel shipped him some cigars
and shook him cordially by the hand
ELLs-Gentlcmen, won't see you in the mornings
want TO have Christian burial l want TO my
coffin before Pm hung, and must know who's going
to have my body and where I'm going TO be buried
Just as be had concluded fhompson's cen door
opened and the Sisters emerged Thompson followed
Immediately, and, seeing the counsel, al once ap-
TnoNrsoS addressing Mr. Mott and taking his
handl-pm glad to see you Have you any news for
CoUSsEI-None whatever You know we told You
from the outstart that your hopeless one
aud that in the end you would be executed We might
Tor time put on your execution, bat eventuay VIZ
sure 10 come Your confession and that OF your asso-
cates drove the last nail in your colin .
THOMPSON with sigh resting his arm upon the cen
door, never had any hope from the conhehcethen1
] know Pm guilty. trusted IN the LORD ne mas
earth
The wretched man here crossed himself according 70
orthodox Roman STYLE and after shaking hands again,
Deputy Warden F1SIrY to the COUNSEL. looking at
the retreating form q Ibompsonfne ~ sne oss' oe
never spoken cross word since be's been here IN
tact he's been quite fayorlte among US all de has
no friends come him except the good Sisters OF
Father harry iust came out or weston's CELL with
whom he had been closeted for half previously,
as the counsel neared the spot His sister and his
wife, the latter white woman, were with him. Rec.
oguzing his counsel with hasty step he approached
them ID a sort OF indifferent style
Mr. KNrzlNG-Well Weston, You see we've not
forgotten you We've come to bid you goodby.
WRsToS-Im glad TO see youi feel better than
when last you for | am now resigned TO my fate.
appreciate what you have done-all that could be
done for us-and now that IL can't be helped, am
perfectly willing to die Fathers Duranquet and Barry
and tho Sisters have been so kind to me- feel can
meet death tomorrow, because I've repented OF my
After accepting OF some cigars he LETT TO go to his
wife and sister who were awaiting him at the lower end
OF the corridor
erected in yard at the back Of the prison, out Of
sight aud hearing OF the prisoners Carpenters at
ii all the day. aud Sheriff Conner gave it his personal
superintendent Ropes TO hang four were arranged
II don't want, said the Sheriff. ITO make butchery
OF this thing by bringing out three men and
man again. | want To have the whole thing over as
quickly possible The executoner busy all
morning arranging the weights which were quarter
OF a each iour number each being attached
70 separate rope All the arrangements were finished
THE FIGHT PoR DoLAS's LIPK
The story OF the legal steps taken to save Dolans
meek IS remarkable in many respects AZ showing how
perilously a man may walk to the gallows if nc
have friends to interest themselves on his behalf
and is remarkable, too, instance Of
what the push and persistency OF lawyers may
achieve. Mr.. William A. Beach, who at late hour
had been retained in the case had his sympathies en-
listed by what he deemed about be the perpetra
ton Of an injustice. de gave his services grautously
and, in company with ex-Judge Curtis, went yester
spite Of the execution the grounds subsequently, laid
before Judge Donohue The Governor said Mr. Howe
had been before HIM and made similar application;
that he had refused TO entertain IT. and bad notified the
Sheriff he would not interfere further.
discouraged out not oshearIeheu tnese tWo gehtle-
men fastened 10 the Supreme Court and applied for
stay these grounds, in which Mr. Beach assured the
Judge, he, as counsel, had belief
FrstThat the plea as to the Grand Jury Is tenable
that the Grand Jury who indicted Dolan were illegally
drawn by improper officer (Which raises the ques
tion as TO whether Colonel Dunlap Douglas Taylor
Commissioner the
SUMPTION from such fact would be that wrong and in
Jury were done the prisoner on this point the Freary
cited when the Court held that any irregu-
larlty the panel drawn by the proper authority
not ground for reversal when it appeared that no in
jury done the prisoner. II was urged that u the
Grand Jury illegal 1t might as well be held that any
assembly without any legal existence could indct.
Sec0nd-That there an error IN the charge Judge
Barrett having said that the prisoner committed muir
der while engaged in feony-ior instance, burglary in
the third degree-then, under The statute was mur
der IN the hrst degree and counsel claimed that con-
ceding Dolan 10 be the man who struck down Mr. Noe
has offence amounted TO only murder in the second
degree.
Immediately after the Judges decision to sign stay
Of proceedings Judge Curtis wrote 10 Dolan -
Judge Donqhus has granted ted stay in yGqr case Fan
William Beach-for 70 him and % him alone you In
esta6hng your innocence Tie great advocate Of the s
With GEORGE tSfH GGRfIs
While this was going on the counsel or Doan on his
trial, Mr. William H Howe, who had failed with the
Governor, rushed down to Judge Barrett and en-
treated him TO grant stay Of proceedings submitting
affidavit in Justification
THE AFFIDAVIT
reced that al the time OF Dolan's trial counsel
quesed the Judge to charge the jury that Doan could
not be OF murder the rst degree for the
that the evidence did not present proof Of the
fact that the act Of killing was perpetrated with
premedated and deliberate design effect the death
Of the deceased and according 70 chapter GA OF The
Laws Of 1873 higher verdict than that OF murder
the second degree would have been justiable II Is
contended that even conceding the evidence 70 be su
6cent TO convict Dolan the necessary ingredient of
denbcration-was lacking
DENIAL or THE APPLICATION
Judge Barrett listened calmly TO the application and
then replied
second application made for a writ OF error
with stay q upon an affidavit Of M Howe
ton duly taken to that Of the charge which In
engaged in the commission Of felony killed the deceased
wh91. design & 70 snee' death M they could convict him q
BY an aihdayii but BY Pill q exceptions duly settled and
Intentionally The stenographer
show that any such exception was taken 70 the charge
trary Impression Is that the rule Of law thus laid
the plain Of the statute which was read 90 the
jury ana about winch did not understand that there
request looking N the least IN hat direction that
matter Of law upon the evidence, the jury should
n. the prisoner upon the hr Of the indies
intended and did raise the question il
formal substantially TO direct aequitt and II
which was charged VIZ IF the Jury have any reasonable
doubt whether the be murder In the first
murder IL the second degree they should ind Tor the lesser
onence Also BY the fourteenth, which also charged
viz That before the jury convict the prisoner Of
murder either IN toe hr second degree they find
beyond doubt prisoner either
committed tue assault deceased aiding
In that assault"
There nothing in the point suggested The charge
properly raised upon the trial and Is NOT nov For these
the stay Of proceedings asked tor be
denied
Proceedings on behalf OF Doan were going on simul-
taneously before different authorities. While Beach
and Curtis we're pleading before the Governor Howe
ret aud while the latter in the OF deliver
ing bis decision Beach was again IN another place ap-
peaing 70 Judge Donohue- Howe, having failed with
Judge Barrett fastened down 70 dnd that Beach had
succeeded with Judge Donohue II half past three
O'Clock when the latter signed the stay which will take
the case from the Court Of oyer and Termiuer the
General Term Of the supreme Court where tho points
involved will be argued before three the Justices
and In the meantime and until the decision OF that
Court, Dolan will be transferred from the condemned
cell TO the he formerly occupied the second tier
THESE ANXIOUS
Tho a.n. a.