The sun. [volume] (New York [N.Y.]) 1833-1916, 1892-06-02
WON'T HANG HIM TO-DAY.
A sTARTLING QUESTION SPRUNG on
SHERIFF. MPUILLIPS.
Haiiinger 10 His Prisoner aad State Court
Has Ordered Him TO Hang Bim-A United
States Court Wnd Ordered Jaiier Davis
to Produce Baiiineer Before II.


States Court Had Ordered Jaiier Davis
to Produce Baiiineer Before II.
Some complications arose yesterday in the
case OF Edward w. Hnllingcr. the negro MUIR
derer who is sentenced to be hanged In Jersey
City this morning. On Tuesday Lawyer
Charles ]. Peshall. who had obtained from
Judge George NJ Dallas OF the United States
Circuit Court an appeal to the United
States Supreme Court. served writ on
Robert Davis. keeper of tho Hudson county
Jail. whore Hallinger ia confined requiring
him to produce llallinger at tho November
term OF the United States Supreme Court. The
writ was granted on tho representation that
Halinger is n British subject. and was not
lawfully convicted. not having had trial by
Jury.
Hainger murdered Mary Peterson. his
mistress. on April s. 1901 He made his way
into her bedroom and hacked her to pieces
with o lathcr's Ratchet. He pleaded guilty
when he WIS brought to trial. and OK
pressed n willingness to expiate his
crime on tho gallows. Justice Knapp. in
accordance with the practice in tho Now
Jersey courts. heard testimony 10 determine
the degree OF Hnllingcr's crime. ndjudged the
crime to be murder in the first degree. and
sentenced him to death. On the day before
that fixed for the execution. Lawyer Peshall
tion to Judge Green of tho United States Dis
trict Court for q writ OF error. The applica-
tion was denied. reshal took an appeal. and
that acted as a stay of cXc"u lon.
Subsequently the appeal was withdrawn. a
few days before the date fixed for hearing tho
argument. Hallinger was then resentenced.
but Peshall made another application for a
Hallingcr's neck for another spell. The same
course as before was pursued. and Hallin-
ger Hhont month age was Id for
ties. and appealed to Judge Dallas. He said
he iooS this course in ORDER to have the case
stYte with being rssp,2nnsiH,'e for the delays,
trict Attorney Winfield about his duty in the
matter. Ho Is under orders from the Court Of
e produce HallinEer before The United Suites
sheriff to Do anything, That Put him IN a
directed him to hang II!allinger between tho
o on na of ~ a. A. 3 and he Should ID
TAIL to execute. the mandate of the
es BY he
liable to impeachment 1t was to learn wheth
er the order from Judge Dallas served on Jail;
hat he consaIted Sr Wned '' MIN OF not
Mr.. Winfield considered the subject care
full and Ito told him 1t wa; his duty to hang Hal
iailcr had no control whatever over h IN. After
sentence was passed the sheriff appointed the
death watch and took absolute, custody of the
prisoner. Ho was kept in, the county, Jail
afs nn seesass Vas and ND a RGSasa
choice but to deliver him to the Sheriff when
sn so n' on s .utcf Mr. To- @n S5He ana PG So
Sh.rir consulted Justice Werts and laid the
District, Attorney Winfield.
Mt th1rcu@hly convinced yet. Sheriff Nc
Phillips hurried over to New York yesterday
Governor advised him to 60 to Trenton. got
the opinion Of Attorney General Stockton. and
Beioro leaving for Trenton the Sheriff left
Instructions with his, deputy. to remain Oh
duty at the Office unit he heard from him. He
said that as soon "a he was advised by the At
50 that he, could mako the necessary prepare.
tons for the execution If the Attorney General
advised him that it was his duty to hang Hal
:, The sheriff also notified Lawyer Peshall OF
General i md Act on his advice; NJ reshAll
self liable to be tried for murder.
',aier Davis bad fully made up his 8, mind as
was to be hanged he would have to 10 ia ZEN
out OF his custody by force, He said he had
an order. to produce Hallinger before the
aud he woald have him there. and have him
there alive. II the Sheriff should try to take
him by. force Davis would call upon United
States Commissioner Muirheid for protection
it was late last night when Sheriff McPhillips
returned TO Jersey City; He would give no
torney- Genera Stockton. but he said he would
not ATTEMPT to hang Hallinger.