New-York tribune., 1891-10-14
THEIR APPEALS ARGUED.
THE CASES OF MCELvAINE AND TREzZA IN
THE SUPREME COURT.
Mr.. vANDERBILTs YACHT coNoUERoR - THE
ANA PcIIT CTS IN JOLIET.

Mr.. VANDERBILTS YACHT CONOCEhOh - AhN
ANARCHISTS IN JOLIET.
Washington, oct. l3.-In the Supreme Court OF the
United states to-day Attorney General Charles +.
Tabor Of New-York, fled motion 10 dismiss ainrn
or advance the cases Of Charles McElvaine and Nicolo
Trezza the condemned murderers at Sing Sing. n l.,
under sentence of death by electricity. Both cases
are before the Supreme Court appeals from the de
cson Of the Circuit Court Of the Southern District OF
New-York denying application for a writ Of iaoeaS
corpus In the brief filed with the petition In the case
Of Trezza Attorney General Tabor says that the only
grounds OF appeal those stated In the petition pre-
.spted 10 the Circuit Court. 1t is alleged that Jrezza
after his conviction and first sentence transferred
from the custody Sheriff Of Kings County to the
state Prison Sing sing. and that he has there ever
since been kept In solitary confinement, whch, IL Is
ALLEGED Is without warrant Of law, because 1t IS an
inf ction a punishment for second time and be-
cause he cannot legally be executed because the war
rant Of conviction IL void In not pronouncng legal
Judgment Of the execution.
The Attorney General says in support OF his motion
that there Is no merit IN this appeal ana that II Was
taken for delay only and that the petition for writ
Of habeas corpus shows no grounds for granting IT,
MoElvaine was twice convicted Of the murder IN the
first degree Of one Luca. In this case Attorney
General Tabor saws that the only grounds OF eppea
are that the second sentence imposed upon MctFalne
wa, in violation Of the constitution and laws OF New"
York the court having right to sentence MctIVahe
the second time. The Attorney y-Genera insists Una"
there is no merit the appeal and that 1t was TAKEN
for delay onlv and that the petition shows no grounos
for granting it. g.. 49,
A. C. Astarita attorney for McElvaine, FLED an
answer One of the points raised in II Is tfat lh'o'
ING the constitutlonalty of the sentence wmcn pre-
! scrbes as q part Of the punishment sou'aTy 0o'i
meDt previous TO execution Another IS thai II aoFIues
and restrans the liberty Of the pless because tne press
are excluded the scene of execution anu are PRIV
| hthited from publishing the details OF IT,
SocttorGeneral Taft applied for leave to file pc
tttion for prohibition against the Judge OF the Oheu
States Court for the Southern District OF New orN I"
restrain him from proceeding 10 Try a libel fled in his
| Court in Admiralty by F. W. Vanderbilt to recover
possession Of the yacht Conqueror from the Collector Of
Customs at New York who had seized IT, The ground
Of the petition Is that the United States District Court
has no jurisdiction The petition set forth that ue
proper mode Of procedure is for Mr. vanderbilt 10 pay
the duties 10 protest and 10 in the Circuit court
for refund Of duties. The SolicitorGeneral asheu
that the petition be fled and that rule issue requiring
the Judce Of the Court for the Southern District of
NavrYork 10 show cause why the writ OF prohibition
shoul1 not issue against him. rcturnable the first Mon
day in November.
! A motion was also made by Moses Solomon TO ad-
vance and set for hearing the cases OF Samuel fenen
and Michael schwab the Anarchists now confined IN
the Joliet Ql.) pententiary
! among the other busineSs were the followlhe'
No. se-The United states. plaintiff IN error, agt
the Denver and Rio Grande Railroad Company.
No. s7-The United states, plaintiff In error age
| the Denver and Rio Grande Railroad company
passed subject to provisions Of Section o, Rule 70
No 1e.-The United States, plaintiff In error agl'
the Boston and Albany Railroad Company Passed
| No 97-Charles Moran trustee, appellant agt the
p+tsburr Cincinnati and ST Louis Railway Company,
| ct al. Passed
| No. 1.o31.-The Chicago and Grand Trunk Railway
Company plaintiff in error @ ag con9 In9as ESmnRds
NO M0TJ = " Meddaugh for the plaintiff In error - .
! No 645-The People Of the state OF New orA
~ oel Francis E. Pinto plaintiff In error, agt Andrew
Walsh, police justice etc Advanced to be heard WIN
NO, IA The Northern Pacific Railroad Company,
n,atDtif In error agt George Hambly. Motion to dis
! miss submitted. - -, ,,, IA =. ,oIlou,s Noe
| or o. 90 81 3s 80. 40, Al, 43 and Al. The court
! adjourned till tomorrow