New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1883-07-25
HOVET TAKEN TO COURT.


THE GENERAL TERMS DECISION AD'EN'H'
FINAL APPEAL TO DE MADE TO THE GoVEhNoH
TO-DAY.
Edward Hoyey was taken from his cell IN . .no
Tombs yesterday and for s four mSt Court With
him sat the Rev DIR. Guilbert, while the Snntor
mans counsel William f. KNITTING ana hayis and
,Justlces Brady and Cullen. The Generai i. the
had been specially convened 70 ma nnnobne
appeal from the order OF Jus I,o eoutwardIy.
hnt his dra wn mouth, aud staring eyes uAeo on
wall in front of him. and the occasional nervous
moistening of bis ps Sisb bs aSored Assistant
district Attorney Vincent appeared LOT the peoh he
and argued motion 1hot the S order was
not appealable under section OH OF tns wo". n
Mr.. Knitting coutended that an appeal ir ot nr sn
order denying motion tor new o AS originally en-
acted section Ago Of the Code OF Criminai naU
cedure provided that the application, ioi Tn 1870
trial should be made before Jud din% thcrsto "ex-
can. in case of sentence of death, when the appn;
cation NAV be made at any time before XII
Mr. K HGs Sse said amended 1aas %
pressly include appeal from an oraen - was
motion for new trial made after Judgment, !. m~o
clear that the design of the Legislature was ~ ~
tend rather than restrict in capital cases. hslue
from this he held that the order appeaIeu a ION
that of Justice of the supreme CouIS n thore
snhstantiol right of the defendant, and was theie
fors raxersabe Senator Grady enlarged upon the
same points. :, A.. -;,hou+ decidino
whether or not the order was appeaiapio' tney
would hermit the argument of the app ,a 10 20 on.
MIR Kintzing then read the afhdavits OF Dr. hardy
and Others read before justice thnt 'esimonv
been given at the trial THE prisoners euiit Wouid
in ali probability atleasthaye been reduced 70 nar
der in the SECOND degree ME- as clearly cnmua
tive and that the prisoner was guilty OF iachess
At the conclusion of the arguments tne C"u no
took recess and HOvey was taken Daok 10 INC
Tombs About o'clock the Court reconveneu' ana
.Jnstice Davis verbally announced It's decision. ne
said that in where there was no sin'u ur
nrovison the right of appeal did not exist III GRIM
nol actions There was no statutory provision made
for an appeal from order denying q motion lor
new trial where, as IN TINS case ';s Tho act,oo
majority OF the Court had come to that coDeiuslon
though one of the Judges had entertained un-
frrent view of the case and as II was capta case
involving the life of tho prisoner they We're oI
opipion that 1t their duty TO CONSIDER the case
and dispose of it on its merits without turning
| it ont of court on the question as 10 "p m
or not it was appcalable. Justice DAVIS
then stated that they unable to come 10 dI-
ferent conclusion from that OF the court below as 70
the value of the new evidence, which according 10
the meaning of theIstatute was not newly uIscoF-
cred evidence at all. The doctors evidence was
merely cumulative. The failure TO produce .a !,
evidence of intoxication on the trlai Was que 10
want Of diligence not on the part OIL couhsei Dut on
| the part of the accused man. Inc Court Mas vi
opinion that on the merits the decision oi yust 60
dsuose of the appeal BY affirming the oiner Oh rho
| court below without dismissng the appeal Inc
Conrt was also of opinion that the elect OF an ap-
oai /, this court did not STAY proceedings upon ex-
ecutiOn 1t called the attention CT counsei 20 lnc
| fact that stay of execution 10 inc Oout
! of Appeals in capital case was nos az
| fected by an appeal from anything eAcept
| Judgment of the General Term. Tue decision dld
NOT affect the Judgment OF convictlon III any wisc.
II simply applied to the order, and the Only thlhg
for the prisoners counsel to do was 10 Apply 10 the
(;overnor for stay of execution OF sentence; ar.
KNITTING entered an order ~ and on
tSe Sheriff notice of appeal TO the Court OF APP
| peals. .. - .,o coraral farm u ne
| onnonnced Couuselors Knitting and Grady called
| on Hoyey at the Tombs. lhey DfOKe tne news W
him az gently as they could. Hovey changed Color
when he realized that one more prop 1te o Isv'
sncv of the Governor would delay the execution on
Friday Both counsel told him that the chance ior
| 1esrIts was slender one, and that ne must nOl
aInw himself to be too hopeful. He admitted that
the prospect looked pretty dark. but, nevertheless
il apparent that he antlGipAssr ,ptping and
| Sheriff Davidson will go 10 Albany TINS morning. mI
| KintzIng will strongly urge on the governor tnt
svlsabiy Of respting Love- ~ ometon whether
| tbe denial of a Few trial by Supreme Court Judgt
| can he appealed frOln. Sheriff Davidson VIII ash
the advice Of the Governor as 10 whether INC notot
Of an apneal by the counsel for the condemned MAI
onerates to stay the execution. He feels himself
in very delicate position Unless tn'
| C;overncr grants a respite sheriff DAVIDSON Is o.
the oninioI that the sentence of execution must ID
The wife of Hovey was with him q part OF th'
day hat left him before the decision of the Genera
Term was announced Deputy Sherlils Cullen ant
Galiigan constituted tho deatl-watch from = y: m
until midnight and Deputy sher1fs McNuity ah'
Goodman from midnight until Q. IN ,.,,,,,...,. No.
| Uoyey was seen in the prison by TRIBUNE re
,orter in the evening. He said: MY counsel TEL
| a. tbax~ hau
have told me all along Don't you think that u
IN any case they should give me some more time
That ia ali want. have been buoycd up so ION
viii false hopes that have not had time to pre-
mare myself. only want little more time Just
pttIe time to prepare myself" he repeated u
mechanical tone, us if it were lesson learned D
| rote. -, !, ao..t,l -
yes. sir t6at's true. Ips always pest. suppose
IN take the least hopeful view, aud thcn yon won
Inc d,sappointed. But think should have NOR