The Evening critic., 1884-07-10
BRrcE,s FINAL EFFORT
To Prevent the Execution TO-mOr-
row-He Applies for Habeas Cor
pus and Justice Hagner Dismisses


To Prevent the Execution TO-mOr-
row-He Applies for Habeas Cor
pus and Justice HaRner Dismisses
the Petition.
Another EFFORT was made to-day to secure a
respite In the case OF Edward Brice, convicted
OF the murder OF Peter Washington, aud who
is sentenced TO DO hung tomorrow.
Mr.. E. 4. Phelps late yesterday afternoon
applied 10 Justice Hagner for o writ of habeas
corpue.
The petition sets out that Brice is Illegally
deprived OF his liberty and imprisoned in the
District jail by virtue Of n sentence Of the
Count in criminal term on the Goth OF April,
'eentcnced 10 be hanged by the neck until
dead within tho walls OF tho jail OF tho Dis
tfict OF Columbia, between aud 10 O'Clock a.
m, on the first Friday after the adjournment
OF the next term OF the General Term OF the
court.
The petitioner states that he is advised and
verify believes that the sentence is without
legal form, and void and without any prece-
dent in law or In tho records OF tho court; that
It 10 uncertain and indefinite, not specifying
n particular day on which tho execution
ehould take place, and that the sentence 10 In
violation OF section S45, Revised Statutes, for
1ns District which for
able term beyond the next OF the court, not
exceeding thirty days aftor the end OF such
term, and as the court closed on the 9th inst,
the execution is to take place on the 18th.
Justice Hagner directed the writ TO Issue,
and made the same returnabie before him at
~ CLOCK tnlS morning. Attnht DOur Whruou
Croker had tho prisoner In the old Clrjuit
Courtroom, he having been brought from tho
jail by Tom johnson, one OF tho guards.
Mesere. T.. +. Phelps and @. b. Bundy ap.
peared for the petitioner, ana District Attor-
ney Worthington for the Government.
Mr.. Phelps claimed that the prisoner should
have reasonable time TO prepare TO meet the
sentence, and nothing less than fifteen days,
he thought, could be considered reasonable,
and the Court had as much right to fix tho day
beyond the thirty days as to fix 1t an unrea-
sonable time.
District Attorney worthington said the
points now raised had been argued In the
Court in Dane, and no contended that the
septenco imposed was the only one which
could have been imposed under the statute
(eection Sf5, H. 8. U. S.), for II was impossible
Tor tho Judge OF tho Criminal Court, In cases
appealed, TO tx a definite day..
MIR. Bundy, In behalf OF the prisoner, said
the writ was not applied for for the purpose OF
defeating justice, but II the man was TO be
hung 1t was that 1t should not be done with
undue haste. II was unreasonable to give the
man but six days In which to prepare, and
he thought that as the Court had II In his dis
cretion three weeks more ought to have been
given Brice.
Tho Petition Dismissed.
Justice Hagner dismissed the petition, and
en- appeal was taken. This Is the course 1t
was anticipated would be taken, and the
principal object ia to prevent the execution
liked for tomorrow from being carried our,
but It is doubtful II the effort will meet with
success, as II is stated that the Executive has
declined TO interfere IN the matter. The same
point raieed In the petition was argued before