New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-07-17
NO HOPE FOR LYONS IN THE Law.
THE MURDERER's NERVE UNsHAKEN.
A NEW TRIAL DENIED--ExEcUrIvE CLEMENCY

| NEW TRIAL CBEM Il
ALONE CAN SAVE HIM NOW.
Recorder Smyth delivered oral opinion ycstcr-
day deciding the motion for new trial In the case OF
Daniel Lyons, who is under sentence to be hanged on
August IT, The motion was founded on afidavts
made by several women who say that they saw
Joseph Quinn strike Lyons Just before the latter fired
the shot which killed Quinn The Recorder said that
he had not written out his opinion because time would
be needed order that the accused man might mako an
application for executive clemency II he desired, and
might prepare for tho carrying out OF the sentence
passed upon him.
Tho Recorder said that newly discovered evidence
must, before a trial could be granted, be such
that II # had been produced on the trial It would
probably have changed the result Of the trial The
testimony in this case consisted of the afidavts OF
two young women who had sworn in February last
that they saw Quinn strike Lyons on July D, 1881
Their testimony had been weakened by aihdavits
from other persons which showed that the women had
deliberately misstaed facts about their places OF rcf
dence and similar circumstances. The Ciirran woman
who had made afidays had been dlscredlted IN part
by the testimony OF officers who showed that shc hah
frequently visited Lyons since last February, though
her own affidavit silent on that subject. But IL
all the evidence were beloved It could not have
changed the result, because blow with the hand or
fist did not justify the person assailed in taking tho
life of his assaant.
The law further provided that the evidence should
not be cumulative. In this the Recorder sad'
the alleged newly discovered evidence was clearly
cumulative, corroborating, It did, testimony gwen
the trial. The Court of Appeals, In long opln-
ion had rendered decision, and reviewing the facts
and the law Of tho case had sustained the conviction
The opinion of the Court Of Appeals, from which the
Recorder read, held that the facts warranted the yer
dict of the Jury There nothing in the aaidavits
On the motion for a new trial which would have led
Jury to a different conclusion. lie denied the
lion for trial.
T. ]. Sullivan, one Of Lyons's counsel, was in
court when the opinion was delivered. He commun
Gated to his client the result Of the application for
new trial. There Is no appeal from the Recorders
decision. Lyons greatly disappointed, as he had
expected different result. He told Mr. Sullivan Of
a dream which he had the previous night, in which
he thought he could hear the Recorder delivering
opinion in court granting the motion. The dream
kept him contened and happy until the adverse
decision was announced. There Is further hope
for him In legal proceedings.
OF all men in tho Tombs yesterday Daniel Lyons
was the last man whom would pick out a
viced murderer whose prosp ects for getting hanged
are excellent. He IS LITTLE fellow and has not at all
the appearance Of the typical "touSh7 When
Tribune reporter saw him he displayed not the
slightest sign of the detection which would be
garded as natural under the clrcums anccs. al OK
pected different decision from the Recorders" nc
said but / still hope that shall escape hanging II
is my disposition to be hopeful. My lawyer IS going
to the cOnstitutOnalty of the law which de-
mics me the right of an appeal TO the General Term
Of the supreme Court That IS why still hope. But
If must die mo lump rose 10 his throat as he said III
shan't break down. 1t Is true that Killed the man.
but didn't intend to kill him, and that fact isn't
taken consideration here it will be where shall
go after death. go the priests have told me- land L
believe thcm,o