The New York herald., 1876-12-21
THE BROCK MURDER.
ARGUMENT FOR NRw TRIAL IN THE CASE OF
RYAN AND oscHwALD.

ARGUMENT FOR NRw TRIAL IN THE CASE OF
RYAN AND oscHwALD.
Tho argument In the case OF Ryan and Oschwald, the
convicted murderers OF Policeman Brock, upon appli
cation for writ of error took place yesterday before
Chancellor Runyon. in Newark For Ryan and
0schwaId appeared Senator Magic, Captain Morrow
and Judge Hagaman, and Tor the state, Attorney
General Vaaatta and Colonel Abcel the County Pros
ecutor. The argument opened by Senator
Magic, who, in advance, said that case the writ
granted counsel claimed the privilege Of eecng
to whether the should be raversed before the
Supreme Court or the Court Of Errors and Appeals
The first exception, the counsel said as 10 the
mode IN which tho jury had been empansicd This
he claimed, important exception. The mode
adopted by the Court this case. and TO
which objection was made at the time, was the pac
ing OF the iortyeight names upon the panel into
the box and drawing them therefrom instead OF Sc
leciing them from the copy Of the special panel served
from box, hr. Magic contended, was attached TO a
mode OF empaneling jury for general proceedings,
required. This law, he maintained, had existed since
1885 and the practice OF Judges who had aided IN the
revsions regarding the selection OF Jues, has been
opposition 10 the mode OF the calling or the panel IN
this Mr. Magic read from number OF decisions
in law TO sustain his objection. fhe next objection, hc
said related TO the forming OF expressed opinion
by juror. 1t seemed TO him that this oblec-
that could never be considered frivolous, and
should receive careful consideration
The next objection was IN regard 10 the dying decara
lion OF Brock Upon this objection Mr. Magic quoted
from number OF well known authorities IN corrooora
tion OF remarks he held that the paper signed py
Brock as his dying decaration had some weight with
the jury. ii II had been wrongiuy admitted IL had
done the defendants great injustice. IL was his
tMagies) opinion that the paper had been wrongully
admitted, inasmuch within the meaning OF
the law II was not dying declaration. In
order that II may be considered dying declaration
the party signing such document must have
sense OF impending death, he must be actu-
ated by that impression, and must have impression
from several authorities to show that such evidence
had been declared inadmssiblc where there was not
unqualified belief OF death on the part oil the party
making IT. He next reviswcd the testimony Of Dir.
Arch bald Mercer, who attended Brock and took down
his statement Mhen 1t read TO him he (Brock)
asked II he He made several corrections
all right. He also told that when 1t
next brought to him II would not be read
him. but would be brought to him lor his signature
his dying declaration When he made the statement Mr..
Magic argued, tho evidence showed that Brock
had hope OF recovery ana dd not believe that the
wound would prove fatal. There opportunity
for him recover, because IRON tho Doctor
mcnt. Ave out Of 100 wounded he was recovered
and he had an opportunity for making this favorable
turn.
The evidence OF Coroner Osborne in relation to tho
signing OF the ante-mortem statement by Brock is
foows:-
told DR. Mercer go ahead and prepare him for me;
followed Dr. Mercer from three five minutes ferward.
se a % vsa a 70 M e
the read to yesterday y he said he did said Are
peetinr 20 stand in tue Mske and
sa s Sy the s R
God IN whose presence you espec. soon to stand THAI The
he nodded assent and kissed the book.
The other exceptions were taken up by one, and
cxhaustveIy argued; after which The Attorney Gen.
cral rose and made powerful argument against tho
granting OF the writ. Il was halpast three O'Clock
when tho argument concluded.
Tho Chancellor expects TO be ablc to render de-
cison IN few days Both sides are confident shat he
Will decide as they desire.