New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-07-07
EFFORTS TO SAVE WOOD.
MR.. HARE ALMOST SUCCEEDS.
RE HAD NOT BEEN ADMITTED TO PRACTISE IN

Wood, OF the four murueftrs dNdUdlle uOoVi w
Sing Sing was full Of dramatic incidents yesterday
Indigo Iacombe had signed an order which acted as
say of the execution but this order was nued when
II was learned that Mr. Haire had never been adIteu
10 practice in the United States Circuit Oourt' Inc
hattie was made the more exciting by the delay TO the
napers on their way from Athens, ~ Y. where ule
Judge had signed them, TO this city. mans nc
depended on the papers, and watches were S'~""9'
again and again Finally, Mr.. Haire hled new peu-
ton for writ and enuncated the novel propoSiton
that the serving Of copy of the pepper on "aiucn
Brown would stay the execution OF WOOD
Mr. Hare started in search of Judge ola United
States Court on Friday. He could not ma DisuloV
Judge Addison Brown, who was the only one IN thiS
city, and who sailed for Europe early on saturday
Charles j. Peshall who secured stay OF tue execu-
ton of the negro Iallinger in NewJersey. and who
Is associated with Mr.. IIaire in the Wood case, went
TO see Judge C.. L. Benedict at his home on staten
Island That Judge sits in the United States Dlstrct
Court for the Eastern District of New-Yor and has no
Jurisdiction in New-York County, so Mr.. PeshalPs
visit to him was Of no avail. On Saturday morning
Mr. Hare started for Athens, n. Y, TO find Circuit
Judge E. Henry Lacombe, who is visiting lis brother
in law Dr. TPyon six miles above Athens. Mr. Hare
found Judge LacOmbe in the boathouse, dressed III
knickerbockeTs, and about TO go rowing MT Hare
presented his petition and the Judge asked him II ne
was aware of the risk he was running.
The lawyer understood that the suggestion had been
stay in the Wood case but he was not worried about
this He told the Judge that he insisted upon do
cison on the application. Judge Lacombe replied that
Mr.. Haire would have to get notary 10 witness Ohe
signature and to put his seal 10 tbe document The
nearest notary seven miles away, but Mr. Here
at once set out to find him. The seal was properly
affixed to the document and Mr. Hare returned to Dr.
TryOn's house TO present the dppucdIon W 'uuso
LscOmbe.
Mr. Haire says that the Judge at first promised to
DENY tho application the spot Had he done this'
Mr. Haire would have at once taken an appeal to the
United States supreme Court; and this appeal would
have acted as a stay of the execution. On this point
there can be no doubt. the question was decoed III
previous cases of the kind. When Dir Hare returneu
from his fourteenmile trip however he found Judge
Laoombe unwilling to deny or to grant the application
for the writ Immediately. The Judge eald that nc
had not made his mind up on that point but PROMISED
either TO grant OF to deny the application In time TOT
the papers to reach NewYork by mail at p m yes
terday. ,
Mr.. Ha,re was content with this, being under the
immersion that Judge Lacombe would telegraph TO
Warden Brown, telling him not to put Wood to death
The lawyer remained at Athens ever night and returned
to this city Sunday morning. Yesterday afternoon no
appeared at the office of John Shields, ClerA OF Uo
United States Circuit Court whittier Judge Laoomoe
was TO send the papers he signed At p m the papers
had not come. mail arrived from Athens at D
n NJ hut 1t brought no envelope from Judge Lacombe
Things were getting decidedly interesting The ex-
pected papers were to include citation addressen 10
Warden Brown, directing him to produce WOOD II
court This citation Mr.. Hare was to serve on une
warden The trip TO Sing Sing would take an hour
from the Grand Central Station and the delay might
mean Woods DEATH
Another mail from Athens arrived at about 100
D. m. Mr. Shields was out of the city, his deputy,
Gilbert f. Rogers being in charge MI Rogers came
back to the clerks Office after dinner and found tlU
several large envelopes had arrived from Judge La
combe. Mr. Rogers, in the presence OF MF, HART
opened tile envelopes, of which contained te long
expected application for the writ an order denying H.
an order allowing an appeal from the denial to tho
United States Supreme Court and the citation TO war
den Brown directing him TO produce Joseph WOOD ID
court The envelope, however, also contained ietbr
from Judge LacOmbe
Az Mr. Rogers read this letter his face grew seri-
ous He went into an adjoining room with tho mes
senger Mr. Smith, and left the building twice In
the meantime IIr. HARE grew anxious His client
might be sitting in the fatal chair at that moment
| The lawyer looked at his watch again ana AGAIN.
Finally Mr.. Rogers called him into another ROOM
! After they had consulted for some time they came
hack into the main room and Mr. Rogers made the fol
lowing statement to the reporters
| eve have received a letter and papers from Judge
Iaconbe addressed TO Mr.. Shields. and Mr. Shields
| s ont of the city I have opened the envelope. 1t
| contains instructions from Judge Lacombe 10 learn
before doing anything. whether Mr.. Hare Is an at
oruev of this court and entitled to practise IN IT,
The records show that MI Ilare has not been ad-
mted 10 practice in this court and it is not therefore
entitled to appear in proceedings in it as an attorney
The Judge also sent word that If Mr.. Hare's name
was not on the roll we should erase the signatures
affixed by the Judge to the papers. ! have there
fore stricken off the signatures, so the case stands
inst as if Mr.. Hare had made an application
| for the writ"
Mr. Hare said warmly 81 have been admitted TO
practice in the United States Supreme Court, ana may
practise in any Circuit Court"
Mr. Rogers denied this proposition In quiet tones
and Mr. Haire declared that any one could present
an application for writ Of habcas corpus that letef
written to judge Of itself sufficient Mr. Hare
then Sled duplicate Of the application, ana received
from Mr. Rogers copy of it, to which was attached
a certificate that the original had been filed In the
court Mr. Hare waved the paper in the air triumph
anly and said This acts stay of the execution
Under decision in tho Fourth of Wallace, the simple
filing of an application for writ of habeas corpus acts
as stay IN The proceedings" II was already ~ :Zu
o'clock but Mr Hare declared his intention Of going
to sing sing the next train TO serve the certified
copv of the application Warden Brown.
| Mr. Ilaire evidently felt at Judge Iacombe and
said that the Judge had failed to keep his promise tC
sign the papers and TO send them 80 that they would
reach the clerks Office by p. m. Mr. Hare at first
foo The ground that he had not signed the papers as
attorney for Wood, bat his name appeared in them
number of times as attorney. lie could not have haC
much faith in his point that The fling Of the peti
zion acted as a stay, otherwise he would hardly have
travelled over a hundred miles to find Judge Lacombe
As Mr. Hare has not been admitted TO practice in the
United states Circuit Court, IL Is natural that he shou
not fear dlsbarment proceedings.
) The chief points in the writ that Wood was sen
fenced to solitary confinement, and that this punish
ment has been held 10 be cruel excessive. unconsitu
onal and OF infamous and degrading character and
further that Wood was sentenced by the General Tern
of the state Supreme Court instead OF by tie Court
{ over and Termnes.
I John r. Heinzelman. who defended Harris A. smiler
has received letter from lin, dated July ., tiankn;
him for the efOGts made III behalf Of the murderer
smer breaks into TRADE against BRITISH Chrlstlans
and ends his letter thus Il wish you goOdby am
5 God bless you and keep you. ! am not afraid Il
meet my God -
0ts trict Attorney De Lancey Ncol received an In