New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-01-08
ANOTHER STAY FOR JUGIHO.
A SECOND APPEAL TO THE SUPREME COURT.
HIS CASE CANNOT BE HEARD FOR TEN MONTHS
WHERE WILL THE THING ENID

HIS CASE CANNOT BE HEARD FOR TEN MONTHS
WHERE WILL THE THING ENDl
There is little chance that condemned man will be
executed in this country II his lawyer is bent on
saving him. unless certain sections Of the United
states statutes revised. some time ago the United
states supreme Cont handed down decision dismiss
inc the writ Of habeas corpus In the Of Shibuya
Jugiro the japanese murderer, then under sentence OF
death lugiro resentencel to be executed in the
week beginning January IL, but on Tuesday Roger NJ
sherman applied to Judge Lacombe in the United
Circuit Court for another writ of habeas corpus
He alleged that final judgment had not been entered
IN The case Of the Supreme Court, that not ad-
United qualified to practice had been assigned to
defend Jugro in the Court Of Oyer and Terminer and
that no natives OF Japan either the Grand
Jury or the petty jury before which the prisoners
came.
Judge Lacombe denied the application and Mr.
sherman appealed to the United STATES supreme Court
Judge Lacombc yesterday handed down decision
allowing the appeal, follows:
The PRAYER Of the petitioner for writ OF haoea az
corpus to Inquire into the cause Of his detenuoh AT
sing sing prison in tnls district under conviction IN
the state court, in violation, As he alleges, OF the
been denied and order theeupOn duly entered ne now
appeals therefrom To the supreme Court SGCh an
appeal under sections 1853 ana .64 OF RE aEs
Revised statutes amended by the ACT OF MARCEL .,
loe5l j. accorded to him as an absolute statutory
right The appeal and citation, whem ns"9d n 30
the Supreme Court must be reurnable on tne nrst Gay
OF said term supreme Court, Rule :, subdivision o.
! ne Judge Of the Circuit Court, who by section 9ey
nd states Revised Stat1e7 reqireG1 T." s" S"'h
1hi- IL the second application TO TINS court LOT
writ OF habcds corpus 10y this petitioner under Inc same
conviction and TWO Of the grounds upon which ne bases
his present applCatiOnNiZ the alleged 1ac lnbt per
Of his and color were excluded oecaSc oi
their race and color from the jury list and panel ana
tir alleged fact that proper counsel were O dssigeh
him bV the state court existed when he maze Ills
former applicatiOn Whether this IS the second or
twenty ,cOnd application is lmnatonai. nder uie
statute ~ they stand II seems T. be LETT Tor te pe
utl0ner alone u determine not only now many tme9
he viii apply for the writ and whether he VIII appeal
from its denial, but also how often ne Will o{ suo
appeal, invoke the operation OF section 100, nilcI
>"t's Revised statutes. which provides mat uoI nhh
jnh7nen thereon any pr2ccehimg aeai a d Nd What
the precise effect Of the peculiar phaseoiosy OF ue Hst
cited section may be- whether, pending Such alpcd IL
operate, ~ a stay, merely a warning thdt wio
ever under state authority, NAV take any prOceens
agan, the person Of the petitioner. does SO AZ ,ls
only matters presented on the appeal are lte orI
allowance and thc fixing OF the return DAY Al 10 DOL"
Of which this court has no discretion
The next term begins the second Monday IN VIC
tobcr 80 Jugiro is safe for over ten months uhcSS
Warden Brush choose to hill him and take the cohse
uuencc- In the case Of Joseph Wood, however inc
warden under the advice Of the Attorney oeheiM ol
the state regarded the appeal A. STAY al" VIII u"
doubt take the same course again. .,,---,...
Mr. sherman Yesterday refused 10 say AWNING hVVue
his charge that ugros attorney In oyer ana Iernluer
had not been admitted to pracucc; h,o3 tIjn1si
wa, assigned to defend JugirO and John k nsihhel-
man eftrrvard aided him. Mr.. Helnzelmdn sara yes
tcrday that both be and Mr. Burllnger had Deeh au
mittcd 10 the bar.