New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1886-01-12
CARPENTER TO BE HANGE
THE DECISION OF THE SUPREME COURT.
OPINION OF JUDGE BRADY on AN APPEAL-rHE
ppfcnNxp IN THE TOMRS

OPINION OF JUDGE BRADY on AN APPEAL-rhE
PRISONER IN THE TONES.
The appe Il of John Carpenter from the Judgment
of the Court of Oyer and Termincr upon ms con-
yiction of urdeT IN the first degree for killing his
wife has been decided by the General FERN OF the
Supreme Court. Justice Brady, in an oplnion
handed down yeste rday, cOncuIred IN By Pfeslulng
Judge DAVIS affirms the finding OF the lower court
over which Justice Barrett presided =,
Carpenter Was tired Twice, ano Hu[n Id pnf make
an incsiOn deep enough TO cause much INJURY. Iio
killed his wife with knife two years ago. attach-
ing her aud her sister at Tblrd-ave. ana Iweny
sixtb-st aud completing the crime III liquor store
into which she fled. On the appeal II was cohtenneu
behalf of the prisoner that TWO OF .he
sad that they mad prejudice against the defence
that the prisoner should have been allowed
to exercise f teS F fhs inrv pefep were
sworn that the verdict was against the weight ct
evidence and that the judge In mis- charge I'M
properly presented his views against the defeAc9 OF
insanity. Justice Brady in his opinion says
IL appeared the trial that some years before the
siaiI r. act and struck down woman church III is
Oily whom he believed 10 BIS his wfo Tor when onecce
the prison he had expr ssed his upon his
liberation to kill his wife, which he did soon AFTER MS ds
all peradvonure therefore elaboration, reconciliation
and brutal murder
The court holds that d" juror cannot be inquired
of in respect to his prejudice against any particular
defence, and that the bias or prejudice Tor whlcn
he may be rejected relates to the offence win
ing in this case to show that, refusing 80 permit
q peremptOry challenge to be taken after the Juror
was sworn, the dis retlon with winch the court
was invested in way abused ana tne
accused can take nothing by the objection stared ;
that the case presented facts and clrcumst1hce9
which left no other conclusion to be drawn than
that a deliberate and brutal murder had been com
mltttcd'; and that il cannot be said that The
charge was in antagonIsm TO the established
rules" o. A. .
Mr. Blake his counsel. called on Carpenter IN the
afternoon and informed him OF the decision OF the
court 4 no information was followed by the an
nouncemont that appeal will be taken to the
Court of Appeals, and it's only effect was to add a
degree or two to the surness of the prisoner lie
said that he was in the hands OF his counsel ana
did not care one way or the other which way the
court decides. He is one of the hardest prisoners
that Warden Finn has ever bad. Sullen ana moroSe
to the verge of insanity, it is dangerous for the
keepers even to 60 near him unless his hands are
restrained. He has made three attempts TO XIII
himself Carpenter violent at times that II is
necessary to place HIM raIght-jacket or IN the
padded cell. While at liberty among the other
prisoners Carpenter wears a leather mutf, and MS
hands are always encased i'll Gather mitts while ne
is eating He says that lie will yet get chance to
kill himself.