New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1883-12-25
THE pp.TpIcJDE AT NEWARK.

THE FRAIKIClDB Al ann
Comfy Physician Hewlett, Of Newark, yesterday
viewed The body of Gustave Schneider, age twenty
three who was shot and killed by his brother John
age sixteen at their boarding house, No. 176 wa;
liam-st'. Sunday night. Coroner Mum was ordered
10 hold an inquest, and jury was empanelled 70
meet on Thursday. at the court house In Newark
The brothers lived with their mother, Mrs Thels
at No. 26 Broome-st,, Newark, aud left there two
weeks ago, and took board with Mr. and Mrs
sehoepschen in the basement Of NO T9 NV mi ina ~
the evening, while sitting in tho front basement
room with the Schoepschens and Others, they
began banteng each other as 70 c cnS af turn
out John Is employed In the domestic
Sewing Machine Works as machinist ana ana
in fierce quarrel and Gustave applied an insulting
epithet TO Ills brother advancing toward INN WIN
hands raised, as if TO strike. John at TINS m9ment
be seen by tho people in the sittingroom. As Gus
tave crossed the threshold Of the rear room there
Of saG 9e re With
the smoking pistol in his hand and attempted 10
mass ont of the door with IL, when the weapon was
seized by John Leitenberger tool-msSer VINO %Ss
rushed from the house and fastened 10 the mouse u
his another on Broome-st;;', where he ponnaeG
/" Oh mother, come out quick | want to see your
Without waiting for a response 10 DIS summons no
ran down the street TO Police Headquarters on
lieutenant in charge, have shot my brother, on
send a doctor to l76 William-st | have killed my
bTOthcrW The lad was uetaIeu anu N ce, BcantV
sent 10 the number indicated, where he found that
Gustave was dead. The weapon, a 32.callDIe,
fiye-cbamber revolver, was found hidden In some
he'd clothing The mother had arrived at the mousse
and was piteously bewailing the death or GustaVe
All the witnesses were taken into custody; festter-
day morning John was 9rralgned IN the I9h ice
CO1rt When told that his b-o'ber was dead, ne
buried his face in his hat and wepf, lie was re-
manded for the inquest.
DENYING A REPRIEVE TO MURDERER.
.JudRe Depue read his opinion in the Court at
Newark yesterday denying the application OF couh-
sel for James Graves, the condemned murderer, LOT
n renrieye and the appointment of jury to inquire
into his mental condition. Graves murdered ooy
named Edward SOden about two years ago ana Was
tired convicted and sentenced to be hanged. ms
case was taken on a writ of error 10 bOth the Su-
preme and Errors and Appeals courts ana Ine VIII III
was denied Application was then made to the
Court of PardOns for communication OF sentence Oh
the grounds of Gravess insanity. Tho Governor ana
Chancellor, no are members of the Pardons Court,
made personal visits to the criminal and he was ex-
amned by medical experts As result OF
these examinations the Court of Pardons
declined TO interfere, and the execution
was set down for January 8. The counsei
for Graves then discovered some common
law precedents that led them 20 believe that not
was i'm the power Of he Judge of the court of tlal
to reprieve the prisoner and test the question OF ms
insanity before Jury, and II he should De adnugcd
insane to commit him TO an insane asylum. In MS
opinion yesterday Judge Depue reviewed the pro
visions of the Law and the usages OF the common law,
showing that they did not sustain the position
taken By the counsel in his appeal The Judge SAID
in conclusion Such an appeal this court cannot
entertain without assuming the powers ana iunc-
tiOns granted by the constitution 10 the Court OF
Pardons alone, and without usurping jurisdiction
which has been forbidden 10 the judicial depart
ment of the Government"