Evening star. [volume] (Washington, D.C.) 1854-1972, 1884-07-10
An EFFORT TO SAVE BRICE.
He IL brought lntO Court on q Writ
of Habeas Corpus.
THE VALIDITY OF THE SENTENCE orEsrro,sgp-
BRIcEs COUNSEL MAKE AN UNSUCCESSFUL KPFoRf
TO BAyE 1T DECLARED VOID.

QCESTTO'sED-
BRIcE's COUNSEL MAKE AN UNSUCCESSFUL KPFoRr
TO BAyE 1T DECLARED VOID.
Tomorrow, between 8 and loa m, Edward
Brice, the co.ored man convicted OF the murder OF
Peter Washington at the Baltimore and Potomac
depot on the 18th OF February last will be hanged
at the JAIL should there be no delay granted by tho
courts or the executive In the last few days
Brice has been actively engaged In preparing for
the worst should IL come, and at the jail the only
preparation necessary for the execution-the nx-
ing OF the moose in the rope-has been made
HaBEAs CORPUS PROCEEDINGS BEGUN.
Yesterday Mr.. f. p. Phelps the counsel for
Brtce, prepared a writ OF habeas corpus and pro-
sented 1t TO Judge Hagner, who directed the writ
TO issue, returnable at ten O'Clock this morning,
The petition represents that Brice is Illegally Dc.
pryed OF his liberty and imprisoned In the District
Jail by virtue OF sentence OF the court criminal
term on the Goth OF April; 'seDtenced TO be hanged
by the neck un1l dead. within the walls or the jail
ID. C., between and 10 O'Clock q IN. on the frst
Friday after the adjournment OF the next term OF
the General Term OF the court" He represents
that he Is advised and verify believes that the said
sentence is without legal form and void and with
out an, precedent In law or IA the records OF the said
court; that II is uncertain and Indefinite not speci-
Tying particular day on which the execution
should take place. and that said sentence is In vio
lation or section 645, r. s., T. =, d. C., which pro-
v1des for postponement OF sentence, on applica-
ton. "to a reasonable time beyond the next term
OF the court. not exceeding thirty days arter the
end OF such term"
The court having closed its term on the 9Th, The
execution Is TO take place on the 1lth inst
BEIGE BRorGHr TO COURT.
This morning Brice was brought before JudRo
Hagner by Gen. Croker, the warden, and Mr.. Thoa
johnson and the warden made his return setting
out the warrant or the court
THE ARGUMKNra
After reading the papers TO the court, Mr.. z p.
Phelps, who with Mr.. C. s. Bundy, appeared for
the prisoner argued that under the law the pr1s-
havA fpna
days latter the adjournment OF the next General
Term" and that nothing less than fifteen days was
much right TO 1x the day beyond the thirty oayU
as TO fx IL al IAN unreasonable time
& District a, Attorney a Mor1hlngton said that tness
argued that the sentence was the only one which,
under the statute tsec s45 r. s. U. Si, could have
been possible, for IL was Impossible for the criminal
judge, In cases appealed, 10 1x a Definite day.
Mr.. Bundy followed for the prisoner, stating that
feating Justice but Il was for the purpose in cas-
this man Is 10 be hanged, OF preventing n being
done with undue haste. II was unreasonable 70
thought that the court could have done t IN tn
discretion, three weeks more should have been
given him
JUDGE HAGNER prsHIssEs TEE wRn.
Judge Hagner said that he had no alternative
when the application was made but to grant ths
writ and, after hearing the argument, he had also
concluded that there was no other alternative but
to dismiss the wit and remand the prisoner. The
convicted, and motion made on one specino
ground on which the case went up 20 the General
Term. They had but one thing 70 do as only one
point was before them, and they had no jurisdic-
tion on other points. Tie particular point as 20
the inde1niteBess OF the time, was not decided
then, and therefore he had ordered the writ to issue
that he might hear argument upon II.
IL there was any error below the judge should have
been nott0ed at once and ft would have been cor.
rected. The law treated like terms as that used IN
the sentence, as certain days IS in the case of
presidential elections the day Is the second Tues.
day after the nrst Monday. There WAS nothing Tar
him 70 DO but TO refuse the writ
AN APPEAL.
Mr.. Phelps said he would note an appeal
The court said he had nothing 70 do with thas
motion. and could do nothing more
Subsequently Mr.. Phelps nled an appeal frum d
order OF the judge disuaissing the wnt, g