The Redwood gazette. [volume] (Redwood Falls, Minn.) 1873-1940, 1890-05-29
HOLDEN's CASE ONCE MORE.
An Appeal to be Taken to the United
States Supreme Court.


States Supreme Court.
Mondays Dispatch:
ROCHESTER, Mimi, May 26.-The at
torneys of Clifton Holden, the Red
wood Falls murderer now under sem
tence of death, will apply to the Unit
ed States supreme court for his re-
lease on writ of habeas corpus. 1t is
claimed that the John Day Smith law
was passed since the alleged murder
by Holden and that it in1icts addi-
tional penalty and is therefore ex post
facto and in violation of the United
States constitution. The application
is based on the decision in the Med
ley case, of Colorado, reported in the
United States Supreme Court Report
or volume 10, page 3S4. 1t is expect
ed that the case will be remanded to
the state courts, but that the result
will be the probable release of Hold
en-.
County Attorney Madigan was seen
after the above dispatch was circulat-
ed here, but beyond saying that he
should like to see the point as raised
decided by the Supreme court, was
somewhat guarded in expressing his
opinions. Mr.. Madigan even doubted
whether Mr.. Wilson would actually
apply for the writ of habeas corpus,
as alleged. The Colorado case was
not altogether similar, as the principal
change made in our law was that pro-
viding solitary confinement before ex
ecution. As to the details of the exc
cution, as altered by the John Day
Smith law, our county attorney OBJ
served that as long as a man was to
be hung, he didn't see that it made
much difference to the criminal as to
the details or witnesses. If the case
came before the U. S. Supreme Court,
he was of opinion that instead of hold
ing solitary confinement after issuance
of death warrant additional punish
ment, the court in all probability would
hold that it was a suitable precaution
to prevent escape, and also in keeping
the worst class of criminals from asso-
ciating with others less vile, and in all
probability it would hold that it was a
boon to the condemned to be relieved
from intrusion of the curious and 9th
ers who are attracted to interviews
with such persons.
A prominent St. Paul attorney is
quoted in the St. Paul News as saying
that Holden would undoubtedly get a
new trial, if the case was appealed to
the United States Supreme Court. "It
will learn our Legislators" he said, ito
make one law and let it remain on the
statute books forever. Rose, the other
Redwood county murderer, can have
his sentence set aside in the same
manner because his crime was COM
mitted before the Smith law went into
effect" The attorney also said that
the only thing the state could do was
to send both the criminals to Stillwa-
ter for life, but not without a new
trial.
The decision Of the supreme court in the
Medley case, is in substance as follows: A
Colorado statute which went into effect July
10. 1889, repeats all former acts in conflict with
it, and provides that a person convicted of
capital crime, and under sen tence of death,
shall be placed in the penitentiary and there
kept in solitary confinement until he is hung,
and that only certain persons shall be permit
ted to sec him, and these only in accordance
with the prison regulations; whereas, the
acts repealed permitted such convict to be
kept in the prison Of the county where his
friends resided, aud where the sheriff and his
attendants and his religious adviser and legal
counsel might visit him without hinderancs
OF law. The act further provides that the
warden of the penitentiary shall fix the par
ticular day Of execution, and the prisoner be
kept In ignorance of 1t; whereas. before the
1t was made known to the prisoner. The act
disclose proceedings in relation to hanging,
and other minor alterations. 1t was held that
the act imposes greater punishment than the
acts repealed, and Is ex post facto as to
crimes committed before it went into effect
The court in its decision stated, THAT there
does not seem to be in the record before us
any error in the proceedings of the court on
the trial, and the verdict of tho jury by which
Medley was convicted of murder in the first
degree. 1t Is only where the sentence or
Judgment Of the court upon that verdict was
entered that the error in the proceedings
commences, when the constitution OF the
United States was violated, because addition
al punishments were inflicted upon him by
reason Of the direction of the statute, which
We have seen was an ex post facto law, and
In those respects void, as being forbidden by
the constitution Of tho United States, which
declares that no state shall pass any bill of
attainder or ex post facto law.
1870 ~
A Family Re Union.
The children of the Cornish family
met at the residence of their mother,
in this village, on Thursday and Fri
day of last week, All were present on