The New York herald., 1876-02-08
Dolan Resentenced To Be Hanged
on the Oath of March.
The Efforts to Save Him and Ills
PrOteStatiOnS of Innocence.
THE TWEED SU T S
Important Decisions by the Supe-
rior Court, General Term.
DUNCAN, SHERMAN & co

The gaows has again cast its sombre shadow over
John Dolan convicted OF the murder Of James IT Noe
Pursuant to tho recent decision OF the Supreme Court
General Term, Affirming the judgment against him, and
Its order OF remtitur to the Court Of Oyer aud Ter
miner TO again fix the date Of his execution under the
verdict rendered in that Court Dolan yesterday
brought before Judge Barrett to be resenenced. The
court room was crowded. and as tho prisoner, under
the escort of the deputy sheriff, was brought into
the court room, all eyes were turned upon
him. He walked with Light step and
jaunty air. He looked the embodiment OF health, but
his whiskers, which have grown since his trial. gave
somewhat different expression to his face When Mr..
Sparks, tho Clerk Of tho Court called him the bar,
he emerged from the prisoners corner to which he
had been temporarily assigned forward with an
air OF quiot indifference and took seat beside Mr.
William F. Howe his counsel Assistant District At
torney Robbins entered brief recital together
with the stay granted in the case and tho proceedings
before the Supreme Court, General Term and then
asked that the Court again fix day for tho execution.
EFFORTS To SAVE HIM.
Still determined to fight every inch Of ground, and
unyicding in his perslstency 10 use every endcavor
in his power 10 his client from tho ignomy of
felon's DEATH MI. Howe moved for trial, the
grounds that the verdict against the evi-
dence and OF newly discovered evidence, which was
denied by Judge Barrett Mr. Howe then read
affidavit made bY the County Clcrk that there
judgment ale in his Office moved an arrcs, OF
judgment the grounds that the Court had jurs.
dction in this matter that this was new Court OF
Oyer and Termner, and had power to sentence
the prisoner that the old Court of Oyer and Termner
which before triod and sentenced Dolan, out OF
existence and that tho purpose tor which Dolan was
brough. here was inconsistent with the action of the
former oyer and Termincr Judge Barrett also denied
this motion, and Mr. Howe then moved that the Court
do not pass sentence or Fix day for execution on the
grounds that the remtting OF the General Term did
not state what sentence was affirmed what its torms
and the nature OF the offence, and therefore that
the Court had no power TO pass sentence upon the
prisoner Judge Barrett denied this motion, and Mr.
Howe then asked that His Honor fix as late day as
consistently possible in order that Dolan might
the benefit OF the Court Of Appeals the question Of
tho legality the jury trying him, soon to be brought
before Il for argument
RBsRNTENCB.
Judge Barrett directed the prisoner 10 stand up,
There not that look of defiance that assumption of
reckless Indifference characterizlng him when originally
sentenced He stood up firmly, however, and looked
steadasty at tho Judge tho latter again uttered the
words OF terrible doom consgning has neck to the halter
The resentence was as io!lows:'John poan you have
by your counsel taken writ OF error to the supreme
Court at its General Term for the purpose Of
reviewing the proceedings upon your trial That
Court after very patient investigation Of the
case, in an exceedingly elaborate opinion, have come
10 the conclusion that there was error that you
lawfully convicted and your sentence just ltnow
only remains to fix the day for your execution and
arree with your counsel thai il should be far enough on
90 allow your TO bo taken the court OF last resort
without the necessity Of applying for writ of error.
shall name day sufficiently distant for this purpose,
and now name the 2+th OF March next as such day"
SPEECH ny DoLAN.
After Judge Barrett had passed sentence Dolan's
thing Judge Barrett said that he was willing 20 hear
anything he had TO say, whereupon Doan said d:'Y our
Honor stand for The second time TO he sentenced to
death for "A crime which God knows never committed.
was convicted through that watch, and God knows It
came innOcenty into my hands | never lifted my
hand against any man and God ought not TO be
convicted for something never did never shed hu-
man blood "
Dolan burst into tears. and after tne usual commit
ment to the sheriff read he was led away 20 his
gloomy cell, there to remain until the fatal day fixed
for carrying out the sentence oil the court