The New Orleans bulletin. [volume] (New Orleans [La.]) 1874-1876, 1875-12-24
THE HENDERSON CASE.
The Day of Execution Again Post
rOned.
An Appeal to the Supreme Court
Granted,

On the 18th of December. j. n Hagins
Esq, counsel for David R. Henderson, con
victed of murder, ana now under sentence Of
death, filed motion in the Superior Criminal
Court for an appeal to the Supreme Court, OF
the following grounds:.First, that the accused
considerd himself aggrieved by the judg.
ment rendered in his case; and, second, that
Geo. II. Braughn, Esq, attorney at law, at
the time of the drawing of the grand Jury
that found the Indictment against him, was
not the Judge of the Superior Criminal Court.
Yesterday morning. Judge Steele, in sus-
tanning the motion, delivered the following
opinion:
| the accused was tried and convicted of
willful murder on the 18th OF June 1875, and
was sentenced to death on the 9th of June
1875. The usual delay having elapsed, and
no appeal having been asked for, the record
in the case was forwarded to His Excelency,
the Governor of the State, with the certificate
OF the Clerk Of this Court that the judgment was
found in accordance with the well-established
practice in this State Whereupon a war
rant was issued for the execution of the ac-
cused. and the 3lst day of the present month
fix for the execution.
Now, on the 18th day of December nearly
six months having elapsed, the accused moves
this court to grant him a suspensive appeal
from the judgment herein in returnable to the
Supreme Court of the State. The question
arises, is there limit to the time which ap.
peals can be granted in criminal cases, and
can this court grant suspensive appeal after
having certified to the Executive that the judy
ment in this case is final? The Statute (Sec,
1901, Rev. Stat) provides that in criminal
cases appeals shall be made returnable to the
Supreme Court as in civil cases. but ind no
law limiting the time within which the ap-
peals may be granted in such cases.
If the judgment had gone into execution
without objection, it would be clear that no
appeal could be granted but in this case
find the accused within the jurisdiction of
the court and the judgment unexecuted. The
accused has In measure acquiesced in the
Judgment by application to the Executive for
clemency, or modification of the sentence
Still, as this is a new question, I prefer, if
must err, that it should be on the side of
mercy. 1t is, therefore, ordered that the &C.
cused, David Z. Henderson, be granted
suspenslve appeal from the judgment in this
court, made returnable to the Supreme Court
sitting at New Orleans on the 18th day of jan
uary, 1876 and that q copy Of this order be
furnished to the Criminal Sheriff of the parish
of Orleans, and also to his Excellency the /
Governor, for their information.
1t is further ordered that so much of the |
motion for appeal as prays for the forwarding
of other evidence than that which properly /
appertains to the full record of the proceed |
ings be rejected and overrnled.
Henderson was to have been hung on the
3lst inst, and the warrant ordering his exc
cution is in the hands Of the Sheriff The
decision of Judge Steele, however, will ne
,essitate reprieve.