The sun. [volume] (New York [N.Y.]) 1833-1916, 1890-05-27

Lnwyer HeInseImRn WIN EndeRVor to
Save His Convicted Clients from shock.

Lnwyer HeInseIman win EndeRvor &,
/ Save His Convicted Clients from shock.
Lawyer John II. HeinZelmRn, who unsuc
cessfully defended James ]. Slocum, the bRst
ball player, who murdered his wife in Roose
welt street last New Years night. has made
motion before Judge MARITIME In General SEES
sions, which is the beginning Of another at
| tack upon the new electrical execution law IL
! this State. The motion was made solely Will
| the purpose OF bringing new point before the
higher courts OF the state upon appeal Ii
may result IN still further prolonRing the exc.
cution Of Kemmler and the murderers who
have been convicted since. Mr.. HeinzelmRn'e
motion has for its object merely the saving OF
his own convicted clients. Slocum and Jugigo
the Jap. who killed q sailor In James street
last November.
At the trial OF Slocum in March no wit
nesses were produced for the defence. There
were two witnesses upon whom Mr.. Heinzel-
man trusted for an scQuittal. but at the last
minute they both disappeared. and the trial
was walkover for the prosecution. and on
March q Slocum was condemned to death ard
taken TO Sing Sing. and placed in solitary con-
fnement pending his execution.
After that time Lawyer Heinzelman got on
the track OF the missing witnesses. He made
an attempt to appeal the case on the ground
81 newly discovered evidence. and wrote to
Slocum in Sing Sing for information on GER
IAN POINTS The letter never reached Slocum.
Other letters followed. but Slocum never re-
ceived them. Warden Brush wrote Mr.. Helm
cum was in solitary confinement and could not
receive letters; In later communications be-
Warden brush said 'Siucum is. according to
law, legally dead. and | am not permitted to
allow him % receive or to answer letters"
Mr. liein2elinan said to a Sun reporter yes
terday that it WAS this point OF solitary con-
ihInrment that he was primarily attacking.
Inc new law requiring death by electricity
made 1t obligatory upon the authorities to
LiaGs the prisoner In solitary confinement. In
after his sentence. and required MS execution
within specified week not less than four nor
more than eight weeks Thereafter: Sloc9m
extreme limit of the legal time in which he
can be held in solitary confinement In Sing
and he Is now held there. pending the decision
Of the constitutionalilv ami right of the cleo
trio death law, without any warrant OF law
The motion Mr.. Hsin2elman made before
Judge MARITIME last week was that sl0cum be
iemoved from Sing Sing and returned to the
Tom bs. under the conditions governing the de-
tentton OF prisoners in the City Prison, until
the State OF New York has the right to enforce
the lay condemning convicted murderers to
sentence having expired without the execution
OF the cUnde the lawyer argues. and no
law being in existence to hold the condemned
there after that time. it Is more than unjust.
but positively illegal and unconstitutional to
detain him.
Judge MARITIME has not yet rendered deci-
sion Ia the matter. II he does not decide in his
clients favor. MIR Heinzeman will appeal at
once to Judge Dykman OF the Supreme Court at
White Plains and open the question OF the con-
stitutionality Of the solitary confinement clause
OF the present law.
Mr.. Eeinzeman will also argue the point that
the present law does not give fixed powers to
the eNecutioner as to the amount Of electricity
ttonal experiment This argument. Mr. Helm
zelman says, has not been brought 10 "A test In
electricity may yet be established as the legal
means OF executing the death penaty, that u
high court Of tho State will establish that the
present law. as framed. is wholly Inadequate
10 practical application. since. though cleo
tricity may not In itself afford a cruel or I'M
usual death. rover is given the execntoner to
apply 1t in such way that death may 10 made |