New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1876-04-05
LOCAL MISCELLANY.
DoLAN,s DOOM CERTAIN.
THE COURT OF APPEALS TAKE AWAY HIS LAST
HoPg-cAIMNEss OF THE CONDEMNED MAN.


HoPR-cAIMNEss OF THE CONDEMNED MAN.
A telegram from Albany received yesterday
morning announced that the Court OF Appeals had az
rmed the decision of lower courts in the OF John
Dolan convicted OF the murder Of James H. Noe Later
In the day TRIBUNE reporter had conversation with
the prisoner, who is confined at the Tombs and con-
stanty ate nded by deputy shers TO prevent any
ATTEMPT at suicide Dolan learned OF the unavOraDle
decision in his about 10 o'clock yesterday
morning. His only remark at the time was,
swell, IL can't he helped when dog is down. Keep
him down" He told TIE TRIBUNE reporter afterward
just what he had expectcd that he had some
time AGO given up all thought Of help from the courts
and that be had very little hope that the Governor would
interfere He said, 81 have reekoned much
on this life or thought much about it, what think OF
what OF world the next one is gong TO be- He re-
marked that he had always been believer In the doc
trines OF the Christian religion; he believed there was
God future state and future punishment, adding sig
ncantly that those who unjusty punished IN this
world would have an easier time in the next
During the conversation DOaI's request to be allowed
70 take little exercise granted and he stepped Oui
corridor In the brighter light the characeriscsof
his face became plainly visible His features are decidedly
reusive but his voice is agreeable in Tone counterac
ing TO some extent impression produced by his coun-
tenance Ills neck very large throughout ana whefc
II joins the body 1t is enormous Doan said that MS a
petite WAS keen and his general health good; TINS he
attributed good food and 10 the dvertng pasumes OF
His lawyer, Mr.. Howe, i'll and unable to see MN
after the adverse decision OF the Court of Appeals HIS
wife, however hurried to him at once with the telegram
which Mr. Howe received, and was admitted 10 his cell
On being asked If lie had any hope OF pardon or re
prieve Donl n said: mo- il is all up with me, guess
Everything has been done for me which promised any
help the courts have gone against me- and don't thnk
the Governor is the man interfere" The reporter
called his attention 10 the fact that the day appointed
for his execution, April H. Is Good Friday legal ho-
day. and that further postponement would probably
ensue, but he did not appear to derive much con
ISOLATION from consideration of this TACT.
remarking that it would only make difference
Of a day or two. He added: 81 don't expect to be
heped although there men who promise to try
gentemau from Brooklyn, member OF the Assembly,
told me that he going 10 call on the Governor ana
perhaps he could get my sentence committed Although
this was without any excitement or eagernessn
served show how alert the mind OF condemned man
always is to catch idle remarks made in his hearing
II they bear in the least upon mis- case And then 100
he remarked 81" told to-day that Mr. Bailey, Presl-
dent of the Board of Commissioners OF CHARITIES wa
Going 10 use his personal influence with the Governor I"
help me- and thai feels that he can convince I'll,
Governor. Mr. Bailey too Is not lIlehu VI nno' anu
has only seen Tue once" . -, ..., %
Doan ON Apr H. Tie sheriff Las ordered the SaoWs 10
be taken from the loft where has been stored since e
execution of the three negroes In December last lnSs
there is possibility that the Governor VIII grant DOn
respite the 18th beng Good Friday sun the
sheriff has option in the matter ana is now preparing
10 carry oul the sentence Of the law. -
The points pr scented 10 the Court OF Appeals among
MANY technical quesOns covered the questions as 10 the
LEGALITY OF the grand aud petit ues summoned by Com
missioner of Jurors Dunlap, but not necessarily tIe
rightulprss of Mr. Dunaps appointment, the courts
below several cases have decided that the Icgahy o.
res SUMMONED by person having color OF office can
not be questioned another person was Tue right
fu officer Aside from the questions raised on The mere
reCu aIty Of proceedings the chel point raised by MI
nail was the wording OF the act, the anomaly
was presented IN II burglar III the commission OF
burglary suddenly formed Intention OF killing DIS
victim he only guilty OF murder III the second degree
while TO convict him OF murder IN the nst degree the
proseenticn must show either that the killing with
out intent 10 kill or was the result OF long deberaton
and design The Court OF Appeals seems 10 nave over
ruled this Interpretation Of the statute