New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-01-14
no SAVE DRIsCoLLs NECK.
APPLYING FOR A NEW TRIAL.

APPLylNd COh N Az :" ~~sAA>>>s
roroxrr FELLOWS SAYS THE PRISONER NEVER |
,xp "A SIMPLE CHRISTIAN LIFE
, m. anr,;cat,ou for O new trial which had been
..aae an the Supreme Court on behalf Of Daniel |
nrscoll who is under sentence to be executed next
Friday. was renewed yesterday before Recorder
Gmvth. The courtroom OF Part III was filed
with Jurors witnesses and some spectators. Dris-
coll was not in the courtroom. w. +. Howe,
Driscolrs lawyer, said:
"This case is one tried before your Honor, and
IN which you delivered the farcst possible charge.
1t went to the Jury principally on the testimony
of two witnesses-one the woman Carrie Wilson,
and the other the man called Mccarthy. Mccarthy
according to the theory of the defence was him.
self the who did the shooting which BSese
Clarity. Your Honor is so familiar with the iacts
that there is little necessity for reviving them.
Carrie Wilson swore that she was at this house
where the killing took place. that she did not see
Mccarthy there and IL was remarkable iact
that she went from that honse immedately 10 net
home and went to bed. She said not1ing apout
the meter until the evening of the next day,
after the shooting
Tho Recorder The day Of the h. shooting shooting, Tho kill
spoke to Captain Meahim Her silence and her gen;
cfal conduct such that felt sure that she could
not have been present at the time Of the shooting
:" -Four or five weeks ago" Mr.. Howe continued
" the wife of the defendant came to my once ana
had sworn falsely on the trial. On ibis intor-
nation proceeded TO obtain these affdavits. Now
II win be almost conceded by the DISCREPANCIES
by him rs the unprciudiced testimony between
that of Driscoll and Mccarthy. have conducted
against Colonel Fellows in his official life. and
have a lwsys found him fair 10 high degree,
though, unfortunately for some OF those VINO nave
opposed HIM, able enough to obtain CONVICTIONS
in some cases when we believe that the evidence
did not fully warrant IT, though ne has never been
unfair. He will be fair about this matter
CARRIE WILSON SOMEWHAT PICKLE.
Mr. Howe then read the afHdavits which have
BEEN published, to the effect that when Carrie
Wilson visited the Tombs over year ago. she
told Drscoll that she had falsely on the
trial and begged his forgiveness. Driscol, his
wife, and Patrick Foster formerly keeper in
the Tombs, swore to these facts. Mr.. Howe ad-
mtted that the af6davits of Driscoll and his wife
might be looked at with suspison, but said that
Foster dis'nterested witness
What was the date Of this alleged occurrence
November 49," Mr. Howe answered.
IN 1887 suggested Colonel Fellows,
resigned from service in August. i ST.
Mr. Howe also read affidavit Of Margaret
Gubbins. who testified that Carrie Wilson was a.
her rooms and not at McCarthys house on she
morning of the shooting.
Dstrct-Attorney Fellows in reply to the argu
ments Of Mr.. Howe said; =" do not think review
OF the evidence Is necessary in this place. This
proceeding is under section Of the code which is
certainly remarkable one l doubt whether any
other State has similar one; It was designed to
meet a special case. Some legislator became in
terested in the OF Sindram accused of murder,
and had this law passed. Counsel declare that this
section is appealable and thus a prisoner the day
before that set for his execution may make such
motion and then, II that construction is correct,
may appeal.
Tho Recorder-Have you any authority for the prop
ositlon that this motion is appealable?
Mr. Feiews-I do not think there is any snch
authority, but some lawyers adopt that construction
Mr. Fellows argued that the motion could not
be entertained becouse the matters spoken Of were
was only designed to show that the testimony of
one witness was false. Decisions were quoted 70
show that even confession of perjury on the
part Of one witness would not Justify the granting
OF a new trial. The popularity Of the afidavits,
in that they related TO facts over q year old was
alluded to-
DRIscoII's CURIOUS RgrIcEyCE.
The Recorder asked Is there any explanation
of the fact that Driscol said nothing to his
sci for over year about any such occurrence as
he has related in his afidavitp
None at all, "said Colonel Fellows. Nor
did Mrs Driscoll say anything, although she was
the natural medium of commpnlcation between
Driscol and his lawyer. Nor did Foster then
keeper at the TOmbs, say anything
Mr. Fellows said that Fosters character was
by no means good and there was an indictment
against him.
" The way in which Foster came to make tho
affidavit said Mr.. Fellows with emphasis will
be made subject for future Investigation. There
is nothing in the character of Dan Driscal TO
make his oath good for anything. l regret to say
that there is no evidence that he has yet led
simple Christian life
He proceeded to argue that there was sufficient
evidence TO warrant Driscoll's conviction without
the testimony of Carrie Wilson.
The af1davits presented by Driscols lawyers
and District-Attorney Fellows were submitted to
Recorder Smyth who reserved his decision He
will probably render it in a few days. There is
little probability that the motion viii be granted
as the case for Driscoll not as strong as had
been Anticipated.
Warden Walsh Yesterday made an official re-
mort of the finding Of the knife on DrscOll. which
the latter had concealed, it. is alleged TO kill the
Walden with before, as he expressed it, they
crack my neck
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