Morning journal and courier., 1888-03-06
COFFEE's APPEAL SUCCESSFUL.


The Convicted Murderer of Station
Agent Way to Have Another Chance
For His LlbertY-JudEe Torrance
Allows the Case to Go TO the Supreme
Court.
Peter Coffee, now in State prison under
life sentence for the murder of Station Agent
Charles I. Way, is to have another chance for
his liberty.
His attorneys, ex-Judge Blydenburgh ard
Seymour @. Loomis, yesterday made a mo-
ton before Judge Torrance of the Superior
court for an appeal of the case to the Su-
prene court on the ground that the verdict
was against the law and the evidence. To
rehut this claim State Attorney Doolittle and
Attorney Rogers were on hand.
Attorney Loomis after making the motion
followed it up with his argument. He claim
ed that the jury in finding verdict of guilty
had thrown out the evidence of Conductor
George Mason. This was unwarranted in the
opinion of the attorney the State had not
attempted to impeaeh the testimony given by
this important witness for the defense except
by innuendo. He also claimed thata remark
made by Mr.. Doolittle when Mason was on
the stand about his bringing a libel suit
against the Palladium for intimating that he
was connected with the crime Influenced the
Jury to such an extent that they did not be-
lieve the testimony given by Mason.
Attorney Rogers followed for the State and
then Attorney Doolittle said that it seemed
to him that the evidence was overwhelming.
1t is nonsense to think that six intelligent
men would believe this man guiltless when it
is shown that he knew all about the crime
and said SO. He had known jury to acquit
many who ought to be convicted, but he had
never known jury to convict an innocent
man Mr.. Doolittle said that it didn't make
any difference if the jury did throw Mason's
testimony out of the case. They had the right
to do SO if they did not believe him.
Ex-Judge Blydenburgh made the final az
gument and Judge Torrance then gave his
decision.
''If this case" said his honor, "were to be
decided by nae after hearing ell the evidence,
1 should have some hesitaney about giving
my decision. So far as my own views go
they are of 10 consequence, but am free to
say that in my opinion the death was the re-
suit of crime and not accident. Whether
this man Coffee committed that crime is
something 1 am not called to pass upon. At
the opening of the case was OF the opinion
that the State made out strong case against
the accused" In speaking of the defense
made by Coffee his honor said: "Mason held
responsible position. So far as the evidence
went it appeared that after the crime he
went along with his duties as usual. There
was no evidence of a conspiracy be
tween thesa two, No connection was proved
and hearing his story as he told it I confess
the story in connection with the telegram
caused good deal of doubt to be thrown
upon the case as presented by the State.
Taking all the circumstances in the case into
consideration, 1 don't think if I was to pass
upon this case could come to the conclu-
sion that the Gaze has been proved against the
accused beyond reasonable doubt. l could
not, however, be certain that he did not
have a hand in that crime. Taking this
view of the case I will grant the motion of
the counsel to take the case to the Supreme
court for final review, and if they feel dis
posed they can grant new trial"