The sun. [volume] (New York [N.Y.]) 1833-1916, 1875-12-15
SAVING THELIFEOF D0LAN.
CfRCS WsrtNTYtL ETrDFvC" t"D
ANOA.fIfIS ~ IaH.


" hut "fuu.crcd .Iudl Uounhrg An tnuoccut
Sidr tupiriu's Case rtc narrow Escape
at tht ChiIrsc Murderer. Qutmb1 ApVu.
Annie. sister oi John Dolan, made an
ani .yi' Yesterday. in which she SAYS that on the
uisht previous to TIC fatal AS ,uit upon Mr..
SIC. she reached homo from confession be-
tv cen M O'clock and that % e. minutes
aiitrward her brother entered the house. Size
gave him clean undcrcothing and. having nut II
ou. hc drew on over u the stue outcr garments
thar he wore when hc entered. lie then went
away, saving that he WIS going to Forsyth
street. lie returned In the evening for supper
aud spent the night at home
Dolan's mother made afidavit that she met
him In lavard street, between aud o'clock,
AZ she w1s returning from o'clock macs. She
uubraldcd him Tor being drunk. aud asked him
u GO hack home win her. lie refused, saving
he had ilst come from home. and that he WAS
ing up to Forsyth street aud would be back
fur supper. lie reached homo before supper
time, aud remained home the rest Of the night.
Application l. to be m sde to the Governor to-
day for a communication OF DOlan's sentence to
imursOnment Tor life, In the hone that In tho
future sufficient evidence may he procure IT,
prove his innocence.
JrpGE bONonCE INrrnrsTFD
fudge Donohue sid ycsteriN, tnat his con-
learned how the prisoner received thc ncWs N
his respite. The fact couttuued Judg' Dono-
nue.. that his ilrst iffprnUNc rs lie itlI on us
Knees was. 4 never Killed that NM, when he
sum iepd the news was unfivOrahlo and he Il "a
no tiua for red II or dcception was In its
auuutanettV evidence ~ it, sincerity and truth
fulno4s. sim u seemed to me That the story
p1lau told WAS not Plausible. The duties VI 2
Judge u q criminal court are disagree able, anl
on that account have kept out OF the oyer and
rrmine "a much az possible. As TO the pnNer
of the oyer AID icrmilcr to grant new tfial. |
am In, lined ~ tho opinion that the court had
nn' tine rowcr. Judge Davis thinks 30, and l
am iucuned to agroe with him.'
Nr. william A. Beach think. that the over and
rrtmiucr cannot gront a new ui.l, but that II Is
an anomaly IN law.
| of the Columbia COLLEGE Law school Yesterday
| that the question /, an omen one. The case ~
/ = into Apo Az. y he People ~ y. y. 81,
Prof. Dwight said, did not decide 10.
| Tho history Of q lmho Appp's case "a Inter
! eating lie is cam man wh wa cow u d ~
murder In the iirst degree aud .entcucei - be
| hanged. a motion WAS made Tor a new trial,
! and u WIS denied. statute had been PASSED
! previous to the murder. requiring that prison
| era IN capital cases should he kcpt In prison one
wear FROM tue time Of their sentence prrNiuns "a
! the execution Of the sentence james r. Brady
raj ed the point that this statute wa unconsti-
| tuition 4. and tho Court Of Appe' agreed With
! MIN This decision let the old law m force. and
! under That law all pu-oucrs IN capital cases
! wore executed within a specified number OF
/ DAYS after their sentence. That tine had pas ed
| in Apuo's case con.equ ZENITH the rtis nrr was
d.. hlrlcd lie committed another murucr
! and e.caped. lie was subsequently breasted lot
] rauIcrN and convicted AMI sentenced 10 tour
/ Y.drs liz Sat prison, aud there nc nov -,
CASE ~ POINT.
Judge Danohuc sal .hat the cir'guf' alta
evidence AGAINST Dol4n seemed sirnnf; tut he
h.i a c.~e 'onrs age when he va pr'i ~
| law, tiat convinced tin ol the r.s-iWilN .i
ni az innNcDnce under the most dlml-. ng 'ts
inHuy az inst him. \ c'ptain Of as.t'in- v'-
s'l was accused "t lt"ial assault ~ 10 .ue u
tl- W. Seven witnesses ait re. I'll sd tlat r'
saw the assault. Tue CAPTAIN denied 20. lh'
case was going AGAINST hum. and u tui@ nm
heard the chW-cs - the crrW H.'fref the o"p
.iu. a1n thut the assault was uNt .uuun .
tIf|. sol OBJ
| e. .nu.i-.lon 90 take the testimony 81 thc COO
-si Is, Ire te nni--' 'n i'.Nr'r'' '' N'' 10
o. -eyrn witue~-es VII hai sworn ,D ''.. f''~l
ta.t th cautan did commit ttc s--A''l'' ca
tered Counsellor nHuohH oiite.
90 fip't Non one 81 tNe ~ nle.ees,' ira.lIre
th- .fttcr, who appeared u-ait-. Da.t .
au BOD, triul {, r assault ani b u,rf
90 nui. sIr. rc-HnuU e4 Rae s.ilIr.
owen. nov TINS matter is all srtil J. .. u me-.
sad p. Douoh-e, "dii tne captain assault 'l
' To sen ,ou the truth, sir, he did not" -'i
the sfi I. and then Dee Acknowledged ii cuI
SUM- y s,hu.t the cnrt.in.
Judge h Inoaue al-o nlentiorsd the circnm
ST. CO Of i Hhr J. Ci-co's sW' arirr rnttisei
that. aslgnature waa his own. aud thcn !. trulr
/ thnf II mad neon rouuterfeifed behind Ills Ni,
IN court room. a" Inc Ogrr ami ircIniner,
continued Judge Donohue. "shoud have ia
power q grant a new trial.
oTurR oplNio>e.
Iudge : theIlaud thlun- 90 the - r. an
1,t.n.n.r 'ult be clothed VITA CO." power. ho
lv.l. i-y James e.. Spencer agrees with Juds
So Itrlful,
Prof. Chase of Columbia College Law Sruo,
tDucurs Wtrh Pr . pWiLht.
judge piVi. dccNnod to cNnrcs@ 1n onfri JON. n
III rl-e uIsht Ue presented before hiai Tor d'
ci.i "a.
An operative in the United states secret so
Woo sNs inst "piamond JlW,' WHO g. said {
be- guilty Of tine murder Of Mr. NJe, BE- a cuut
trririter tie Na- arrested hl Detective sui
van three years aV1. and wAs.to be used as ~
ness AGAINST one Burger who kept a reudcyyuu
Tor cauntcrilters in Houston ar e.. Barge
paid lim two hundred dollars aud he Tea frol
the city. lie is said to resemble the De rsou d'
ser oeu by Nr. Noe as the Tuliau who ASA ul
Ell him Photo graphs Of Diamond Jim " pi
in the hands 81 Detective sullivan q Ncwai
. anu # the Secret service OnIcr Ia Washington
and L b. suggested that one # tncm should O.
. pui before DDian win a lot Of Others t. p,
whether be- cln Identify Il rs the PHOTOGRAPH
tie man from whom, a. he SAYS, he roc lived NJ
Noes watch.
; I'LL, ri.rrr ~ IL r.NnA mILI