The New York herald., 1876-12-03
THE BROCK MURDER.
ErFoRrs TO SAVE RYAN AND oscHwALD FRoA
THE GALLows-MovxMENr FOR THE Writ

ErFoRTs TO SAVE RYAN AND oscHwALD PROM
THE GALLows-MovEMKNr FOR THE WRIT
or ERROR.
Judge David A. Depue presiding ofncer OF the Essex
county courts, received yesterday afternoon from
Colonel q. ~ Abeel, the County Prosecutor OF the
Pleas formidable stack OF evidence, together with
the bill OF exceptions upon which II Is proposed 10
mako application 10 the Chancellor for writ OF error
In the OF Ryan and oschwald the men con-
vic,ed OF numbering Policeman }. Stanley Brock.
Tho Judge had yet been able TO wade through
the OF papers, but with that courtesy for which
he is proverDal toward members OF the PRESS be fur
nshed the HERALD representative with such points
were necessary to give understanding OF the case
as IT stands. The bill Of exceptions upon which appli-
cation tor a writ OF error rs based of
exceptions. The first is as TO the mode in which the
Judge directed the jurors be called The counsel
the prisoner insisted that the jurors should called
in the order which their names appeared the list
OF Jurors served TO tho prisoner, tho Court having
directed that they DO called their names
were drawn from tho box. The second exception
presents the question whether the nero formation Of
an opinion the guilt of the prisoners grou nd
OF OF Jurors. the Court having held that
for asaualincai,ou unless ,he decIaraton OF
opinion he such rs implies malice or III Will against The
prisoners On this point u may be said c1 pareneses
that the OF tho Court III accordance with
thai o, tho supreme Court OF Scw Jersey. The third
exception the admission Of the dying declara-
ton OF the deceased wiiti respect to the
ner in which he TO his death. Ex-
ccption number four rs rs 10 the admission
OF declaration made by dccca cd immediately he
received Inc mortal wound. The other exceptions
are 10 points In the charge OF tho Judge, TO wit
That II the jury that the breaking aud entering
ol Bedcl's house by night tho offence was bur-
gIary aud the prisoners burglars SO long they
remained on The premises in the accomplishment OF
that rnc and that In that event. the killing OF the
officer was by statute, urdcr Of the FIRST degree al
though he was not shot Gntil aitor daylight Further
exception was taken the refusal OF the
Judge TO charge that ono not even
officer has n right to make attack upon criminal
apparently threatening hrs ic without his official char
actcr or his Intention 70 apprchend being known or
announced. Still another hnd inal exception made
to the Judges charge that The !nssimcnt OF de-
fendant's counsel that the killing OF tho uniccr
just liable OF sclf-doence has not any support
from tho evidence IN the
II will be several days before Judge Dcpue can 90
over the case. when be does, md signs the cxcep-
tons, application will be mado tc Chancellor
Runyon for a writ OF error notice The
Prosecutor the Pleas or the Attorney General The
allowance granting oi the writ is a matter entirely
within the discretion of the Chancellor Should he
deny It, the prisoner will have remedy In he
does allow 1t the question will be argued either the
Supreme Court tho Court OF Errors aud Appeals,
whlchevar the writ may be rcturnabc. question
has been raised whether in the event OF wrls being
granted the Court would have power grant stay of
execution. There is authority for saying that tho
Court would nssuredly that right,
expressly so directed.