St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1890-05-27
The Redwood Falls Murderer
Will Appeal to the High
est Court
On the Claim That John Day
Smiths Law Is Ex Post
Facto.
Rival Railway Companies
Nearly Create a Riot in
Sioux Falls.
Low Rates for Democratic
Convention at Huron---
Other News.
Special to the Globe.


ROCHESTER, Mimi, May 26.-In re-
cent decision of the supreme court of
the United States in re Medley "a Colo
RADIO case), it was held that law which
is almost twin to our John Day Smith
law, in regard to hangings,fis ex post
facto to all crimes committed before it
went into effect, as by its provisions it
inflicted greater penalty than the old
law; and it is learned that Charles E.
Wilson, of this city, Clifton Holden's
attorney, is going to take the Redwood
murderer's case up to the United States
supreme court on the same grounds.
The decision of the supreme court in
the Medley case, which is reported in
the Supreme Court Reporter, volume 10,
page 3S4, is in substance as fol-
lows: A Colorado statute which
repeals all former acts in conflict with
it, and provides that person convicted
of a capital crime, and under sentence
of death. shall be placed in the peniten-
tiary and there kept in solitary cOnflne-
ment until he is hung, and that only
certain persons shall be permitted to
see him, and these only in accordance
with the prison regulations: whereas,
the acts repealed permitted such con-
vict to be kept in the prison of the
county where his friends resided, and
where the sheriff and his attendants
and his religious adviser and legal
counsel might visit him without hinder
ance Of law. The act further provides
that the warden of the penitentiary
shall fix the particular day of eXecu-
tion, and the prisoner be kept in igno-
rance of it; whereas, before the passage
of the act the court fixed the day
and it was made known to the prisoner.
disclose or publish proceedings in rela-
ton to a hanging, and other minor altera-
tions. 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repealed, and is ex post facto as to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 1t will be noted by those
familiar with the John Day Smith law
that the Colorado lava outlined above,
is very similar in many respects to it,
and also that the Minnesota law con-
tains some provisions tending to in
crease the penalty which are not in the
Colorado law. Holden is alleged
to have killed. Frank Dodge in
Redwood Falls on the night of
Nov. 81, 1883, and the Minnesota act
under which he is now under sentence
Of death went into effect not until April
"a, 1889. 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 the jury by which
Medley was convicted of murder in the
first degree. 1t is only where the SEN
tence 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 additional pun
ishmentS we're 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 the United States, which declares
that no state shall pass any bill Of at
tainder or eX post facto law.
The order discharging Medley
from Imprisonment was made March 3.
Mr.. Wilson, Holden's attorney, was in
terviewed. but nothing could be OBJ
tanned from him further than that the
step was meditated. This decision will
be ant to affect other murder cases now
pending in Minnesota. James J. Med
ley was convicted of the murder of
Ellen Mealey in Arapahoe county,
Colorado. May IS, 1889, and the law
under whicn he was sentenced went
into effect July 10, 1885, The court said
that as to whether there was any law
under which Medley could be punished
it was not called upon to decide, but
that the attorney general should have
ten days notice of his discharge in
which to prepare for any further action.