The evening world., 1888-08-16

Next Tuesday-The SRd News Carried to
Lyons by His Lawyer and mn "EvcuinE
world =" Rcporter-Lyons Tries Hard TO
Hear Up and IL Resigned.
The last ray of hope for Danny Lyons has
faded away, and If ho lives until next Tues
day he will suffer the penalty fixed by Inv
for the killing of Athlete Joseph Quinn.
Judge Patterson. in the Supreme Court
Chambers this morning, handed down n de-
cision denying the application for a stay of
execution pending an appeal TO the General
Term.
In his decision the Judge reviews the case
from the trial in the General Sessions. Con-
~tinuiLg, His Honor says:
After the warrant for the execution was given TO
the Snerin the prisoner nl.d q notice OF appeal
from the original conviction and judgment 10 the
General Term OF thus Court, and now applies to
execution by the Recorder was without authority
had no Jurisdiction ~ name the day for the innic-
ton OF the death penalty, and asked the inler-
position OF the Court to stay his execution upon the
The contention OF the prisoner is based upon GER
tain sections OF the Code OF Criminal Procedure, aud
1t is claimed that those sections operate to vest
an exclusive authority In certain courts named
therein 10 AZ a day for the carrying GU, OF q Ren-
tence In q capital case under the circumstances
mentioned, aud that the Court OF General Sessions
had no jurisdiction whatever.
Judge Patterson then refers TO the sections
in question, aud III conclusion says
1t seems to me from u general consideration OF
supreme Court to III In review or appeal In q crim-
inal case is together statutory and not
of.the Supreme Court, ana thatit was entirely com
petent for the Legislature to take away the jurls-
diciion which II had conferred upon the Supreme
Court, and | therefore must decline To grant the
stay OF proceedings IN thus case.
II may be added that the Court OF Appeals has
passed uron aud decided At least four capital cases
taken there by direct appeal under the PROVISIONS
OF tho sect on referred TO. and u IL hardly con-
ceiyabie tnat Court would have taken jurisdiction
there was auy reasonable doubt OF the constltu-
tionailty Of the law.
An EVENING WORLD reporter was the first
to inform ex-Judge Blake, Lyons's counsel.
of the adverse decision. ana together they
proceeded to the Tombs
Under Sherifs Kaufman and Burke were
sitting outside 0anny's cell and two Sisters
of Charity were comforting the doomed man.
As his lawyer and the reporter came up
Danny advanced and, extending his hand,
see by your faces that the decision is
against me-"
Yes, Danny, the Court has decided
against u.s. replied the lawyer.
Lyons tried to look cheerful, but 1t was
with an apparent effort.
Its all over now" sadly remarked the
ond tbe oniv thing for tban go 10 non, 1. q a.,
Get readv for The funeral - "" 10 w
This was said with an air of res;,not;o,
ona H. - ~ Wv al ~, " ios5 It'll ~
nado "o 'o'Hs A"n ""' Ho Blu" Vi '"
~ ipdgen said LYONS oftsr bo bod oom
municoted the neya 70 1be Lind heartod sis
ters who were moved 10 tears - I thanI vmn
frn,, Tho hotton, of NV boar, for rnnr e.
IN my behoIf yor,ya doUa ali ~ oo,id tos
M and nav God iIsss uon ayS M Sniii;
van ""' wv ' y ""N ''i
Mr. Sullivan CANA in mat than ond
Danny shook his hand WARMLY. but not a
,ynrd was snoken ~ ~ ~" H"~
W,tb bareJ heads the sber,a. and otbors
stood in the corridor LOOKING at the Iawvep
and his doomed cIient ana mr. sonnd c"2IId
be heard save am occasional sob from the
Sisters, o 'N'
Roth LAWYERS left IN n few m;nu,os and
Danny resumed his conversation with The