The morning call., 1892-07-26
BRUGGY IN COURT.
The S0nOma Condemned Murder.
er'S Last Chance.
under Sentence TO Hang on saturday-An-
otner heprieve Probable-Has the New
Execution Law Repealed the Old one9

deoree w. Ii. Bruggy, who is condemned
70 uie on the gallows next Saturday, was
Olousht from Santa Rosa into the United
o'ates circuit Court yesterday afternoon
on writ OF habeas corpus. The proceed
ing was Instituted by his lawyer, Carroll
LOOK as last desperate resort to save his
.nehtS neck. Bruggy murdered a young
farmer named Dietrich LouinsOn at West
windsor, Sonoma County. on February II.
1871. lie was found guilty of murder Of
Tie hrst degree, was sentenced to death, eS-
capped from Jail last May. was recaptured IL
days later, and reprieved until July so. His
case has twice been appealed to the State
supreme Court, and in each instance de-
cided adversely to him. Governor Mark
ham having announced his purpose not to
further interfere with the course of the
law. final effort is now being made by his
counsel to rescue Bruggy from the gallows
UY showing In the United States court that
CalIOrnla has repealed the law which al
lows Sheritfs to put felons to death. The
D9lht raised Is one of great Importance as
aHecting the fate of other murderers
throughout the State who are also under
sentence of DEATH
BRUGGY IN COURT.
bruggy yesterday sat in the courtroom
attired ln new suit Of black cloth. He
wore 1t for the first time. The suit had
Oeeh purchased by the Sheriff Of SOnoma
county and was intended TO be worn once
only. The S0nOma County Board Of Super
VlSors had authorized the expenditure The
clOlhes were TO give BruggY a neat and
genuemanly appearance under the fatal
uFop' NO California Sheriff would so far
forget the proprieties of his office as to hang
man IN brown or a gray SUIT. 1t would
not De exactly good form. B ack only is en-
Teg'e on such occasions, and accordingly the
oonoma county convict was provided with
neat black frOck coat and trousers to
match and a white straw hat with very
broad band of black ribbon. Bruggy's
general sOmber aspect was relieved slightly
DY a i llght-cOlored scarf
SheTlit j. i. Mulgrew of SonOma County,
VINO, with his deputy, w. l.. Tombs. sat
behind their prisoner, informed THE
GALL reporter that Mr. Bruggy was al
lowed TO wear the suit intended for his eX-
eeutlon before the event, because he was
coming down TO the city and desired to
make good appearance in the courtroom.
SheTl1 Mulgrew also gave many points in
regard to the etiquette Of dress for judicial
executions. He thought man who was to
nave The distinction Of having mis- neck
broken with all the formalities Of law
should bedressed in black, and did not think
any Sheriff IN the State would commit the
outrage OF hanging man in gray or brown,
or even In his shirt sleeves.
THE WRIT OF HABEAs CORPUS.
Judge Achenna had issued the writ Of
haOeas corpus, but he was not on the bench
Mhen the petitioner was brought in. Judge
uawley reSOlutely declined to make any or
der IN the matter, though Carroll Cook tried
very hard 10 have hun make enc ordering
BrugSy into the custody of the United
States Marshal. Shortly after o'clock
Judge Mchenna assembled the bench, when
the return Of the writ was made by Sheriff
Mulgrew. II Was simply that the prisoner
pl hnafh ant &c
sued by the Superior Court Of SOnoma
County.
Judge McKenna asked what the eonten-
tlon OF counsel for tile petitioner was.
Mr. Cook replied that he proposed to test
the question as to whether the Legislature
had not by tie passage Of The law requiring
al condemned criminals to be executed at
San Quentin repealed the law for the execu-
ton by Sherffs of persons convicted OF
murder alter the passage OF the new law.
ana before 1t " as TO 90 into effect.
Jidge Mckenna thereup0n asked why the
application had been made to him.
Nh Cook theTeupOn explained that the
Governor had issued reprieve 20 enable
the prisoner 10 take an appeal to the Fed
eTal courts. There was another way to test
the question, which would be by writ Of er-
ror 10 the Supreme Court in Washington,
but counsel was of the opinion that the
issue could inst as well bo presented on
writ OF habeas corpus.
the State, said he desired to file the i'm ig-
ment roll as an amendment to the return.
but lie required time 10 obtain the same
Mr.. Cook asked for an order remanding
the prisoner TO the custody of the Marshal
THE ATTORNEY-GENERAL OBJECTS.
Mr. Hart objected on the ground that the
return showed that BTuggy was held by
virtue Of death warrant. He had no
doubt the court had the power TO direct
him not 10 be executed. he had l0ined
With Chief Justice Beatty in the request 10
the Governor for the repTieve, which would
expire on Saturday next, and he would ask
the Governor for further reprieye not
only Ia this case but ia all others affected
by the same point.
MI Cook urged with great persistence
an adjournment OF the hearing until
Tuesday. August 2, which would be three
days alter the time bXed for the execution.
Ihc Att0Tncy-GeneTal also seemed disposed
to accommodate Mr.. Cook, but with the re-
marx that the case was one that tran.
tcended questions Of individual convenience
Judge Mchenna set the case for hearing at
O'Clock next Thursday. The prisoner
was iheTeupOn remanded TO the custody of
the Sheriff, who took him back to Santa
Rosa on the o'clock boat
Bruggy. who Is about 26 years of age, sat
very sloiidiy throughout the whole proceed
ings though he paid close attention TO every