The New York herald., 1875-12-18

Portable that when fold my arms 10 sleep AZ nlght
seem lust as II ready 10 GO II seems that sec
my crown all ready the hands OF the angels often
have spiritual travais, but the noise confuses me te
You know that persons my state want quietude Blot
out my SINS Lord that they may not arise against me
DEATH and let all poor sinners hover under rhy wing
feel satisfied that shall rest at death with Him. Come
All We that love the Lord
The reading or the above was listened to by the audi
with marked attention. At the conclusion OF the
all present filed past the coffin and took last
look at the remains Ellis sister was present IN com
pany with coored girl named Mary Johnston 70 Whom
Ellis was engaged 70 be married Both were greauy
affected and gave their feelings In loud walls
The remains conveyed TO Greenwood Tor inter
menk
HIS POSITION IN THE MATTER-wHY Dis
TRIcT ATTORNEY PHELPS WAS NOT NOTIFIED
OF THE APPIIcATIoN-M MUTUAL SATISFACTORY
EXPLANATIONS.
Judge Donohue has taken a decided stand in granting
writ OF error stay of proceedings in the case OF
John Dolan convicted of the murder Of James d. Noe
and his action in that matter has caused great deal
OF comment Doan was TO have been hanged yester-
day at the Tombs The most energetic efforts have
been made in his behalf and happily for himself the
fourth gibbet erected the prison yard was not used
the three dark murderers OF the Jew pedler having
met their fate alone.
EXPLANATION By JUDGE DoNoHUB
Judge Donohuc contends that the statute under which
Dolan was convicted a and that II should be
passed upon by the Court OF Appeals Its terms, ne
thought were ambiguous and left the question open
what the Legislature meant The same section Oh
the statute made the unintentonal killing Of another
by person engaged in felony murder in the first de-
gree, WHILE on the other hand, If the words of the
statute were to be construed literally intentional kill
ing under similar circumstances made less
offence As an illustration he said that II, for
instance pickpocket should trip q man whose
fall would result in death he might prob
ably be convicted OF murder in the hrst
degree then, again should the party assaed resist
and the robber purposey killed him to obtain bis
pocketbook he would be convicted only of murder in
the second degree Under all the circumstances II
would be well Court of Appeals to pass upon the
subject It was a matter of vital Importance. The
question in Doans was whether be could be legally
hanged his crime In the case OF the negroes there
highest court the land should determine what was
the law The must decide as TO what was legal
The main object in the present instance was TO settle
this question.
PRIVATE CONSULTATION
II was evident that there hitch in the case
somewhere Judge Donohue, during the day, sent LOT
Mr. Beach and ex-Judge Curtis, who promptly re-
spondcd TO the summons. Quite lengthy conference
ensued between the three, but 10 held in private.
From what could be subsequently learned il had refer
ence solely to the question of the omission TO nouy
District Attorney Phelps OF the application to Judge
y
stood that tho explanation this point was wholly
satisfactory Judge Donohuo, and that upon this ex
PLANTATION the conference ended
RAISING NICE QUESTION
Preliminary to the above conference II appears that
District Attorney Phelps addressed letter TO Judge
Donohue reference 10 the writ OF error granted N
the case Of Dolan, asking the Judge TO inform him
whether any OF the writ had been served upon
the Attorney Gepera as required by statute in
no such notice had been given the granting of the writ
would be Illegal Upon being questioned IN regare
TO the matter by HERALD reporter Mr.. Phelps
TEa g
SAID s'the statute says distinctly that no writ o
error in capital cases shall be allowed except upoI
notice duly gwen the District Attorney OF the county
in which the conviction was Obtained or 70 th'
Attorney General Now ! have not received an,
such notice and do not believe thero was any suci
notice given to the Attorney General cannot sa.
whether any evidence was furnished 10 Judge Donohu
that such had been given. believe the stay
binding upon the Sheriff in any case for it is probab
reguar In form and is sufficient protection for him ii
case OF there being any trouble about IT. He IS no
obliged TO 60 behind the writ and nnd out whether a
the formates complied witt" !"
'swhat will you do In the premises 2n asked the re
II cannot ter,n Mr. Phelps replied, ''until al
placed in possession OF all the facts"
y COUNSEL EXPLAIN TO MR. PHELPS
Shortly alter sending the letter referred TO Mr.. Beac
and ex-Judge Curtis called upon Mr.. Phelps. They ad
tted that the required notice had not been given an
stated that the failure TO send II was due to an over
sight on their part Mr. Beach took the entire respon
sibty upon himself and made ample apologies Tn
explanation and apologies admitted by Mr. Phep
perfectly satisfactory, and thus the case stands
present
EVIDENCE.
Between FIVE and six O'Clock last Thursday evenin
gentleman called Superintendent WalIng, at III
Central ONCE and stated that he knew washerwoma
who had washed a bloody shirt Sunday during tn
latter part of last August and that he phe Informant
believed, from what he had heard, tbs
the shirt belonged to Dolan, the murdere
OF Mr. Noe. Tho gentleman also state
that If the Superintendent would send officer to hir
in the morning he could tell him where TO find th
woman. An officer sent, and he succeeded in 1nt
Ing the woman who stated that a came to her o
Sunday during the latter part Of August and requeste
her to wash bloody shirt The garment was badl
torn and the blood II had the appearance OF ben
fresh. She thinks she could identity the party II sh
was placed face to face with him and had an oppo
tunity OF talking with him.
superintendent Walling states that he has found
man 10 whom Dolan offered TO sell Mr. Noes watch
the day of the murder This man knows Dolan wei
and says he cannot be mistaken in the matter He ha
already been the District Attorneys Office and mad
an affidavit TO these facts.