The New York herald., 1876-03-16
RUBENsTEIN.
ERROR AND STAY OF PRocEEDINGs-wHAT
THE CONDEMNED MAN SAID ON RECEIVING

DENIAL OF THE APPLICATION FOR WRIT OF
ERROR AND STAY OF PRocEEDINGs-wHAT
THE CONDEMNED MAN SAID ON RECEIVING
THE NEws-FUBrHER EFFORT TO BE MADE.
Yesterday Justice CALVIN E. Pratt OF the Supreme
Court, who on Monday last heard the argument OF
Messrs. Beach and Mott counsel for Pesach ~ Ruben
stein for writ Of aud stay OF proceedings
dered his decision, which adverse the prisoner.
The main exception In reference TO the testimony
OF Dr. A. W. Shepherd, who made the post mortem
examination OF the body OF Sara Alexander He
asked TO tell on the trial. as on expert,
how the wounds on the neck were inflicted.
Tho question objected to. but
admitted by the Court The witness then testified that
he should judge the murderer stood behind his victim
and cut her throat from left 10 right In the argument
for writ OF counsel oontcndcd that the doctor
could not testify As expert They argued further
that there was no blood found Rubensein's clothes
except two small spots inside the sleeve OF hts
In to this Judge Pratt cited case tried before
the full bench OF the Supreme Court of Massachusetts,
In which the testimony OF Dr. Henry j. Bisclow
expert, tho trial Of samuel ~ Andrews for the
murder OF Cornelius Holmes, that ITO have broken tho
skull OF the victim into many pieces must have re-
qurcd repeated blows" was taken despite the objec-
tons OF the defence
Later in the day Mcssrs Knitting and Mott, counsel
for Rubcnstcin notified District Attorney Brtton that
they will apply to Judge Brady, OF the Supreme Court
In this Guy, to-day at two Y. M for and
stay Of proceedings
NOW THE PRISONER HEARD his vxrE
Shortly afler the pt OF the OF the denial OF
the motion In behalf OF Kubensten, OF the jail
taches visited the cell OF The condemned man. who
engaged in reading treatise in Hebrew the Talmud.
The visitor bade the unfortunate man Good morning"
in the German language, when the prisoner put his
book aside and approached him, asking with quick,
sharp lone Of voice, lis there from tho
to-dayy'' Yes there rs news, y was the reply
Rubcnstcin changed color slightly, and his voice
somewhat tremulous as he asked, Ills IL good bad
news you have TO tell mo!'
'lts bad news the reply.
The prisoner started back stop and hung down his
head as though in great agitation.
eyes, Rabcnstn," said the visitor, Judge Pratt
has refused to grant you stay OF proceedings"
what time II now ~ asked the prisoner, looking
up at his informant
u, is about eleven O'Clock" was The reply.
What time was IL when the Judge gave his de-
cisions"
"It wanted twenty minutes of ten o'clock when tho
decision was made known by the Court.
There another brief pause IN The conversation
when his informant asked, "Do you 10 sny
whether you arc guilty or not guilty OF the crime of
Looking angriy at his questioner, Rubenstcn re-
Piled, with emphasis, NO; VIII never say that
guilty; but II they VIII only give a chance know
that can prove my Innocence" "
How you prove your innocence, Rubenstcin -
fhat Is none OF your business, WIS the quick and
tart rejonder
''Do you want to your rabbi and receive religious
comorty'
his shoulders disdanfuily he answered the friendly
suggestion. 81 dont wish to see anybody"
''Shall inform your iathcr OF the decision ?"
BAH" another shrug.l MY father was there. lie
knew II as soon as any body knew It,
ls your wife and child coming here from the old
country To zee youy'
Il know nothing about them" rctortcd Rubenstcin
with on impatient ..s
Now Rubcnsten, you stiil say that II you have an
opportunity you Will prove that you did XIII Sara
Alexander DO you know who did kill hcrg''
How should 1 know he replied ''You might
Just we'll ask me If know what going in Paris
now; and should tell you nor
THIS concluded the dialogue and tho condemned man
returned TO his bo X.
On Tuesday afternoon the prisoner received a visit
from his sister with whom he had brief
IN presence oi keeper
Shogld all applications for stay OF proceedings fail
on Monday next the gal.ows upon which Delany, tho
murderer OF Captain Lawrence. executed Hemp
stead, Queens county will be cent for by sheriff Dag
get and tho preparations for Rubinslcins execution
will be commenced