New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-12-17
DoLAN,s SENTENCE SUSPENDED.

Persistent efforts to stay the execution of
John Doan convicted of the murder Of James H. Noe,
have resulted in stay OF his setence probably until
one question raised in bis case can be decided by the
Court OF Appeals The last application TO the Governor
for repreye was denied yesterday, and the fact cSn
municated by telegraph to one Of Dollars counsel. Mr.
Howe then made motion t. Judge Barrett for stay OF
proceedings III case, upon the ground that the Court
erred in part of its charge. Judge Barrett denied the
application.
subsequently Mr. Beach and George NJ. Curtis went
before Judge Donohue end asked for writ Of error aud
stay OF proceedings until the questions involved could be
decided. Judge DonOhue IN ignorance that the ease
had already been before the General Term and on Mt
Beachs assurance that in his Judgment there was sub
stantal question of law TO the de rec OF Dollars gu
granted the writ OF and stay Of proceedings in the
following words do allow the within writ OF errOr
and do direct that the same TO operate asa stay Of
proceedings upon Judgment upon which such writ is
brought"
The question on which Mr. Beach insisted there might
be doubt WAS that there an error In the charge
Judge having said that II the prisoner committed
nurler Will engaSed IN aIeiony lor ms fe 1ai lay
der in the first degree; and that coucedng Doh 10 ne
the VINO srnck down Mr. Noe, his 0hcnse amounted
to only murder in the SEQ Dad de nee.
when Doan received toe announcement last evening
tina, in re DonOhue hid gran ell stay o. proeeo dmgs
lie exclaimed thank Goa aud Mr.. Beach"
Last evening the three negroes said that II was hard
that they were not gwen another ehahce as wei as
loe of the execution OF their sentence being delayed
and they seemed more resigned TO their fate Ellis aud
Weston both declared Thompson did not deserve %
DE They SAID that he did not strike single blow ana
ys backward receiving portion Of the money OF The
murdered pcddler Thompson remained in his cell with
his isers. Weston sat apart talking earnestly
with his wife. lie L. hitter IN talk concerning Ca
Mcdonnell, aud cannot hear his name mentioned win
cut ours ny Ellis nd last night that he ready anu
willing t. die, and would not care 10 live longer
II h,. could Abuut o'clock. the Rev Mr. Davis
and ~ or 10 other memhers OF the Downing
Street Church entered the corridor Thry greeNd
Ellis cordially, aud then opened services at
tle further end of the corridor Neitner Weston nor
Thompson took part in the services which were very
ryeu and lasted until $3.50 Ellis confessed MS
erpe and asked tine pardon O God. Alter the meet
Iug was over Ellis exhibited gIcat dependency. lie
told the minister that he feared that his body would be
turned over TO the doctors aud that II would be hustled
about aud up The minister assured ln that TINS
sonld not he dOne, and sail that Ste't Conner would
nor p.rmit sucn "A thing. Another church member be-
sought Ellis think OF his body. WGat lac wished u
save his precious soul. Un1erShsltH Cumming
came into the prison shortly afterwafd, ana
he treasured Ellis by promising tbat ms
body should be properly buried. Ellis said that
the pIayermcetiDg had done HIM "A great
deal of good lie believed that God would give him
strength TO march TO tne gailOws without ulnchng
Weston did no; from his seat beside his wife. lie
talked constantly, aud smoked most OF the time
He seemed to care Vcy e for religious cOnsOatiuns
but put appearance OF reckless bravsd0 II WAS
the opinion OF those who tine 1Omhs that
none realize their positions except Ellis.
SacrH Conner has made all his ARRANGEMENTS for the
policemen be AZ the TOmbs az o'clock this morn
ing officers u surround the outer wall OF the
Tomhs, will prevent the gathering Of crowd ~ any
point ia tue vicinity