The New York herald., 1879-12-31
NEARING THE GALLONS.
The Condemnation qf Chastas Cox Approved
by The General Term.
HOW THE PRISONER RECEIVED THE NEWS.
Ordered To Be Resentenced by the Court
of General Sessions

The public were horror stricken in June last with
the news that Mrs. Jane L. De Forrest Hull. lady
wen known In the Soross and wife Of DIR. Hull, an
sstimable physician Of this city. wns found lying
dead IN her bed. bound and gagged. Chastine Cox
confessed the commission Of the horrible and
convicted OF murder N the first degree and
sentenced to be hanged on August S2. Nr. William
+. Howe. his counsel. obtained writ of error
and stay of proceedings from Judge Potter and thus
prevented the execution of the sentence. Last
October the argument appeal took place before
the General Term of the Supreme Court Mr.. Daniel
g. Rollins iusistug the part Of the people that the
conviction should be sustained and Mr.. Howe claim
ing reversal the ground OF some defects In the
selection Of jury. aud because the confession made
by Cox obtained from him while under duress.
Yesterday the Court convened and decision was
rendered in exhaustive opinion delivered by
Presiding Judge Davis and concurred in by Judges
Brady and Ingalis. affirming tho judgment OF the
Court OF General Sessions and remtting the prisoner
to that Court to be resentenced
THE OPINION OF THE COURT.
The principal points of the opinion Of the Court
in rendering decision are folows:-"A very
careful examination OF all the proceedings IN the
trial of the plaintiff in leads to the
strongest possible conviction that substantial jus
ice has been done. and that it is our duty to disre-
gard the techncaties and irregularities occurring
or alleged to have occurred in the progress of the
trial, because convinced that they worked no
| prejudice to the prisoner. The evidence clearly
established 1t both by the prisoners confession and
by facts quite sufficient Independently Of the con-
fession, to have convicted him Of the charge. No
| person who kills another while he 10 engaged
in committing felony can escape convic-
ton Of murder in the first degree by show
| ing that his intent was not to kill. but to de-
| fend his life person to escape arrest,
! avoid pursuit. or simply to MAIN or wound or
| frighten do any violence short OF death. Two
Jurors challenged to tho favor by the prisoner
They were each examined quite. at length by the
respective counsel and by the Court the question
whether they had formed opinions OF the guilt OF
| the accused. The Court overruled the challenges
and they were sworn IN as jurors We think the
| the confession of the prisoner the opinion says
1--WE think it manifest that nothing was said or done
by any person lead the prisoner to believe that
his offence would be more leuenty dealt with it he
confessed, that any favor would be shown to him
by SO doing. Everything was done by the Court
aud District Attorney, far offers concerned.
tender to the prisoner and his counsel an oppor
tunity for trial and hearing of the questions OF fact
and law alleged in his challenge to the array OF
| jurors"
counsel for the condemned man. to announce to him
the decision or the Court Warden Finn sent one Of
keepers after the prisoner, and presently he ap
| ed and uShered into q cOSey room, designed
more for the reception of outside visitors than for
| conversation with q murderer. Five months close
confinement seemed not to have had any demoraliz-
ing effect upon the outward appearance of the mu-
| latto. There was the same jaunty nonchalant air
rs on his trial. and bis white teeth were shown As
| good deal Of regard for his personal appearance.
for his face was cleanly shaven. his hair brushed
ingly clean. Dark spotless white shirt
| and collar tie, and brown plaid coat, with
Of Himself. Mr.. Howe sat down and motioned to his
| luckless client to do the same.
"chastine." said the lawyer, II have bad news for
| you. But mind. want you. nevertheless. to Keep
up spirits as the case is by no means desperate
The decision OF the General Term is against you,
| am sorry to say"
The reporter looked at tho dark face Of Cox. but
| cast down his eyes and assumed u serious expres.
sion. 1t as II he was interrupted in the midst
of pleasant anccdote to listen to some dsagrecable
| news that claimed his immediate attention.
'You must not take this too much to heart" con-
tn1ed the counsel IN VOICE run ~, OF emonon s:o
his eyes for the first time With calm unconcerned
look. as II ho were the most dsinterested party in
mind this decision does not settle the matter by
any means" hastily rejoned the counsel. II shall
carry it to the Court OF Appeals where 1t will be
"wait till ses." said the negro. turning around
| to the reporter; ''what month 10 this?
| We'll. SO close on January that you may regard
| yourself in the new year.
"Oh, then my case will be before the Court noxt
month";" These words musingly and with delibera-
ton.
| "You don't seem to have changed in appear
ance since Isaw you the last day OF the trial."
"Well, no. suffer somewhat from want Of exer-
| cise, you know-we only get an hour day-but
| otherwise cannot complain OF my health"
| els there any thing you want that loan send you"
| inquired the counsel.
| ''No. thank you." was the reply. "Why. Mr. Howe.
| how hearty you are looking! You will soon be as
| big ~ d house." This said almost affection
| ately and was accompanied by ringing peal of
| laughter.
'.Do you have many vistorsa" inquired tho re-
| porter.
mot many. MIR. Dickerson is the most constant"
"Who Is Mr. DickersonY
| "a coiored clergyman from Sullivan street. He is
| originally from New Jersey. He will be sure to
| come again whom he hears Of the decision Of the
| Court"
! ''Do you still entertain hopes?'
"Uh. yes l have conhderce in Mr.. Howe, and
| know chat God will not forsake me. By the way, do
you that this IL the second time have been In
| this very room? The time before met two men
| from the District Attorneys Office"
keep up his spirits. Then one of those present told
funny story. ut which Cox laughed until the tears
came into his eyes, Ho spoke Of hts former cell
beng now occupied by the Italian murderer, Pietro
Babo. "who. he said. "is believe. to be hanged in
o short time" During this interview the negro
never ninched. aud as ho stood In the sunt court
yard. scarcely ffty yards. from the spot where the
| gallows has been so often erected his eye
bright and his bearing resolute ~ that of man
gultless of crime and free from oil apprehension of
| punishment. Ho shook hands with his visitors, and
| his grasp was Arm aud decided Then the door OF
his coll changed behind him and he left to the
| companionship OF his thoughts.
| JOHN HOPES CONVICTION.