Evening star. [volume] (Washington, D.C.) 1854-1972, 1892-05-17
THE CASE OF CROSS.
What His Counsel say- Of the United States
Supreme Courf Derision.

" NJ nv Noun-tt saw of tnt u uttcu states
.Suprcme Court Decision.
As stated in TIE STAR, the United States
Supreme Court yesterday decided in the case
Of VIM. ID. Gross. the colored wife murderer.
that il had no appellate jurisdiction Of capital
cases tried in the District Of Columbia
Mr.. Chas- Maurice Smith. of counsel for Cross,
stated 10 q STAR reporter this morning tina; he
had not yet read the document. but understood
that the courts decision was based
alone upon the ground that persons SO
charged had. in the District Court in General
Term, the benefit Of an appellate court. snd
that there existed no law authorizing the
United States Supreme Court 10 act in the
capacity OF second appellate court Mr..
smith thought the court had entirely
failed TO notice the contention of counsel for
Cross that the Supreme Court Of the District
Was United States court in the meaning of tho
act OF 1883. and that therefore such an appeal
should lie from il 90 the United States
supreme Court The decision, ~ he under
stood II, was based upon the suggestion of the
solicitor general that one convicted Of Q
capital or infamous crime in this Dis
trict had no right 20 have his appeal from
the trial court passed upon in two appellate
tribunals. IL appeared 90 him that the courts
decision evidenced more than anything else .
denomination that its already ovcrburdcned
docket should not be further enlarged by the
allowance Of such an peals
Mr.. smith stated that at present he was not
prepared 20 state what further steps
would be taken in the case of his
chent Everything possible, however would
De done and every legal right and priNileg. ex-
ercised. ~ he believed Gross was an innocent
man and that he had been unjustly convicted.
THE DISTRICT ATTORNEY EFFECTED 1T.
In speaking Of the Gross decision District At
eorney Cole said that che dorision vas ,,,a
which he had fully expected from the frs. lie
stated that it's effect would. of cour-e. be 70
cut of all appeals from tins District in crimi-
nal cases where no constitutional question wa@
raised. The fact that the court had not
passed upon tho question raised by coun-
sci Tor Cross as 70 whether the Su-
preme Court OF the District was or vas not q
United States court was the district attorney
thought, due 20 the sll-sufhcient fact that the
act OF lsssexpressly confined the right Of appeal
20 the United States circuit courts, from which
courts up to the passage of the act no appeals
could lie. He had not seen the decision hut
wHs confident that IL was based upon such q
ground.
ITS EFFECT on TIRE SCHNEIDER CASE
Tho decision will have an important bearing
on the case Of Howard J. Schneider, con-
victed OF the murder Of his wife,
should the Court in General Term decide
against him. for he would have no further
appeal. That Il, provided his counsel should
be unable TO show that some constitutional
night Of the condemned man had been violated.
In this connection IL can he stated that
Schneider IL much improved in health and that
he Is fast regaining his customary good
spirits. His appetite is much improved. and
no fears whatever are entertained by the
prison officials as 20 Schneiders condition. Ii
Is said that he feels very hopeful of obtaining a
new trial and ultimate acquittal.