The New York herald., 1876-12-27
THE BROCK MURDER.

DENIAL OF A WRIT OF ERROR IN THE RYAN
osCHwALD TRIAL--PRoBABLE REPRIEvE OF
THE PaIsoSERs--THEIE ONLY HOPE THE
COURT OF PARDoNs.
Chancellor Runyon yesterday notified Senator Magic
and Colonel Abeel the County Prosecutor as follows
"After a careful examination OF the OF oschwad
and Ryan havo concluded not to grant the writ OF
error" And snapped the slender thread OF hopo
to which the condemned men chung so far as a new
trial is concerned.
Had the application been based on new and impor-
tant evidence instead OF exceptions to Judge Dcpuc's
charge and rulings tho writ would probably have been
granted. As the case stands the only hope that the
prisoners have is In the Court OF Pardons, which
meets at Trenton the first Tuesday February.
january the 9TH is the day set down in tho sentence or
the execution OF the convc,s but there Is expectation
that the law Will bo put into effect on that day. To-
DAY the prisoners counsel will make application TO
tho Governor for reprievc This, doubtless will be
granted Governor Bedle will probably give the pris
oners the full ninety days authorized by law. This
will afford counsel opportunity TO put the matter be-
fore tho Court OF Pardons in February.
WILL THE COURT RE xEEcIFuL?
Unfortunately for the prisoners the public opinion
OF New Jersey, and OF Essex county, where they be-
long, is almost unanimously in favor OF capital pun
ishment for capital offences The aboshment OF the
death penalty has never been agtatcd to any effect
there. JUDGES and courts while presumed not to be
or for mercy arc nevertheless susceptible the mys.
terious influence OF public opinion. The prospect,
therefore, Communication oil the sentences
Ryan or 0schwald is gloomy in the extreme
STATEMENT OF THE PRISONERS
Over their own signatures the condemned men fur
nish for publication the following statement
The who entirely innocent of the charge
for which they stand convicted think SUI
@ Ss Psn1 Of sn nasy
.,anis In The first psss the 50 ssed =;
at the he ad OF line with Ave six others and
in this hearing person either pon,ed al
All nepc
between them and Us made us conspicuous objects After
eae mpa
to Oss rS wn " G % e. sSss did not Isas
In regard to the sta.cmen. of Mr. John fusse
has he could easily pick Us ou. Of crowd 1905" We We
certainly think b this wa1d aas b m man
fact taken into .ha. he swors he
he alone, swore sha. the two giances he canehs
f s s ssS ss was s"s %e % from sse
he lett his bed and went to his window. looked and
Under these circumstances would be almost
c sr msn he G
etly give the testimony this fnssell did in this
s sther or both The he saw eemn out se
they da sin
,hs. The two men As Tor the testimony o ,hs
COMMITTED ed, wT perjury n and
that We are positive no. in Ihc. vicinity of
so ins this on oa %
As Tor Koch, no reliance whatever be placed on
what bc Then in regard the colcred poy Brown
looks strange that he could positively the day
OF the mouth he both OF whom pressed
the witness stand he could not tell what day U
what day of the month 1t IS for Reuben Roe the
saloon keeper he is certainty entirely mistaken regard
LIST day OF August and IL Is most probable on
thst morning that William NcDcrmo;t us instead OF
tn he testified the stand OF the testimony Of
James s. Blanchard have this 10 IL Is xiful aud
satisfied with perurng himself he brought his aud
stcr to substanate his concoctcd story We
dcrsand the could place reliance on the
testimony the part Of the State and give il 50
much weight when II was all crcumstsntial, and
then discard the positive testimony the part the
defence The remark BY his
summing that the witnesses for the defence In tho
Ryan shi relisoe Is think far applic
able 60 the majority OF the witnesses Tor the State in the
the jury very little credit the
whose characters had been
The testimony OF Mr. Joseph Oschwald Sr old and
speced citizen Of this city aside and he branded
n pcrjurer. The brand has been placed upon
whole Of the night Of the sad IL has also
placed Joseph UschwHd. Jr and tue servant girl who
CHI aries at breakfast the morning in question This
Is all we have 10 cay. We perfectly innocent OF
fearful crime for which We have been sentenced TO death
IL 10 suffer the ,ay OF the law
evidence 1t certainly hard Coo knows that
tirely innocent CHARLES OSCHWAID.
THOMAS RYAN.
Senator Magic, Counsellor Morrow and Judge Haga.
man, counsel for the prisoners declare their intention
to leave stone uniurncd in tho effort them
from the gallows. Their counsel mutually express
their complete belief Ia tho innocence OF the sslf
they are guilty. said OF the counsel yesterday,
"they are the sharpest. coolest most systematic I'D
thoroughly accomplished liars heard OF .