The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1891-12-28
HALLINGER'S CHANCES.
Good for Staying in Jail
Somewhat Indefi-
nite1y.
PROSECUTOR WINFlELD'S VIEWS
He Explains What Peshall May d.
in Case the Chancellor Refuses
a Writ of Error.

Prosecutor Winfield said this morning
that he had expected Judge Knapr
would resentence Hallinger today,
but that he had received word that
the Judge would be unable to attend
Court before January 5, when the sen
tence would probably be pronounced.
"WhaJ will be done by Counsellor
Peshall when this sentence is passedW
asked the Prosecutor.
HE will probably apply to the Chan
cellor for writ of error"
"Wil he obtain it?n
II think not; writ of error in capita
case is not writ of right; it is granted
as tavor. and do not believe the Chan
cellor will grant it,"
"On what ground, Prosecutor, will the
writ he asked forf"
''Oh, suppose it will be alleged that
Hallinger was deprived of his con nstitu-
tional right to be tried by jury, but
that is all bosh."
III the Chancellor refuses the writ,
what will be the next move Of Counsel
lor Peshalls"
"He will go through the same routine
as before. He will apply for writ OF
habeas corpus to the United States Cir
cult Court. which will, of course, be re-
fused, and then an appeal will be taken
as before, to the United States Supreme
Court"
Suppose that the Chancellor should
grant the writ OF error. Mr.. Winfield,
what would be the result then?"
POSSIBILITIES OF THE FUTURE.
"The Case would in due time be argued,
ana the judgment in the Court Of
Oyer and Termner affirmed. Mr.. Peshall
would then proceed with his haheas corpus
proceedings before the United States Cir
cult Court. Should the writ of habeas cor
pus be granted, Mr.. Peshall would again
be defeated after argument and then he
would take an appeal to the United States
Supreme Court. This appeal must be
granted 1t the Chancellor and the
the writs when applied fol, they would
have but the one result, the object OF Mr..
Peshall's fight and that is delay.
Hallinger's counsel has no idea that he
can ever effect Hallinger's release from
Imprisonment. His only object is to pre-
vent Halinger from being hanged. The
law. unfortunately. Is such that, as 1t
now exists, it appears that Mr., Peshall
will succeed in his efforts until Congress
passes law making an appeal stay
only for SO long time as the Court grant
ing it shall designate.
A MATTER THE COURT DID NOT DECIDE.
when argued the case it was my de-
sire to have the Judges decide that an np-
peal did not operate as stay, but the
Court did not pass upon this issue.
Governor Albeit and Attorney GEN
eral Stockton did not agree with me at
tine time tnat an appeal should not act as
Il stav, but what their views are now
am unable to say. Without
such decision or a change
in tie national law by Congress to that
effect. Mr.. Peshall may succeed in pre-
venting Hallinger from ever hanging. 1t
Is pity that such conflict in the law
should exist"
''The same law, suppose, applies to
other States?'
Certainly; the negro who was executed
in New York recently was only punished
because Of the sharp act of the Judge.
He held back his decision in
the application for writ
CT habeas corpus until the last minute,
and then sent word that If the attorneys
name was not on the rolls, to strike out
the application. The lawyers name was
not on the roll, and before another appli.
cation could be made by LAWYER whose
name was on the roll. the execution took
place. Only for that this man would be
now IN the same position that Hallinger
10 ~