New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-01-19
SHORT RESPITE FOR DRISCOLL.
GOVERNOR HILL GIVES HIN THREE DAYS
OF GRACE.
AN APPLICATION FOR STAY OF PROCEEDINGS DE-
MED BY THE COURT OF APPEALS

AN APPLICATION FOR A STAY OF PROCEEDINGS De-
MED BY THE COURT OF APPEALS
ALBANY, Jan. 1s.-The Court Of Appeals this morn
ing denied the application for stay Of all proceedings
the case Of Dam Drsco, sentenced TO be hanged
on Friday for the murder of Bcezy" Garri'y in New.
York, but his counsel, " jiian e. Howe, secured
respite Of three days from the Governor. When tho
court opened Mr. Howe made q motion to stay all pro-
ceedngs In judgment until tho hearing and deerm,ua-
ton Of tho appeals fcnl the order denying the motion
for a new trial His argument was chiefly on tho
case of the people against Hovey and Also, under tho
law of 1887 giving an appeal from final judgment Of
conviction In capital to the Court OF Appeals
Colonel j. r. Fellows, for the people, argued that tho
prisoner had his appeal to the Court of Appeals
from his judgment Of conviction, which was decided
against him.
The court denied the motion OF Mr. Howe, who then
appealed to Governor Hill The Governor, at his re-
quest filed the following memorandum:
Daniel Driscoll, convicted Of the crime OF murder
the degree In the County Of New York and sent
1857, to be executed Friday, January 20, 1883.
Respite granted until Monday January rs bcc
finally and adversely determined against him and all
legal proceedings having been terminated, have win
the approval Of the District granted the con
purpose of giving him few more days In Wh,ch , ,
prepare meet his end and Of fixing another day ia
the week for his execution than the ono whioh tbe
courts have for long period been accustomed 10 name
and which CUSTOM believe, should not longer con-
tinue."
DRIsCoLL FINALLY ABANDoNS HOPE
As soon as the Court Of Appeals had decided that
there could be no appeal from the Recorders decson'
the news was tecgraphed to this city, Sheriff Grant
received dispatch conveying the tdings nom DIS
trict Attorney Fellows, while Mr.. Howe sent teo-
gram to his partner, Mr.. Hummel, which read about
as follows:
"Goyernor Hill was kind lie granted respite
until Monday. Tho execution must IdAo piaS0 'N@"'
Prepare Driscoll'
Another telegram Of a similar nature was received
from Mr. Howe, but J. F. Moss, of Howe hummer
Office took the first into the IomDs ana haItl
IL to the doomed Whyo. AS he read Il his hama shooA
and his already pale face assumed still greater apo
Thank Gods the first words he SAID, ina.
don't have to die a Friday. / had horror OK
dying on Friday. I ready TO die on MONDAY.
Presently keeper came into the corridor bringing
a telegram from his counsel In Albany to Drscoh Ia
person telling him " All IS over"
I" Well, | ready" he said. In the afternoon MS
mother brother wife and little girl were admitted 10
SEQ him. The women wept and the convict fondci
his child during the entire meeting After they had
departed the two Sisters Of Charity spent half an
hour with DrscolL -
Carrie wilson, who has figured as an important Wit
ness against Drscol, was sentenced to ten days I'M
prisonmcnt in the Tombs by Police Justice Power
Yesterday having been arrested the night before In
Mulberry St, for disorderly conduct. She will DO
within fifty feet Of the spot where the murderer viii