Evening star. [volume] (Washington, D.C.) 1854-1972, 1892-11-14

William d. Gross. the convicted wife muir
derer. must hang. There is only one avenue
OF escape open 20 him row. The President
still has the right 10 exercise executive clemency
and on the slender thread of his chance for a
pardon or a respite hang all the hopes that the
convicted man has any reason for enter
tanning. The case Of this man has been long
time in the settling and his attorney has en-
hausted all the efforts in his power TO set the
man free. but all have been in vain. Twice has
the day been appointed for the execution. bu;
up TO the present time the man Is still alive.
Mr.. Maurice f. Smith. Cross attorney. hold
ing to the belief that a man could not have two
execution days. and that after the first, In this
case at least, Cross must be regarded dead in
the eyes OF the law. finally applied for a writ of
haoeas corpus. and when this was refused by
the Supreme Court of the District Of Columbia
appealed the case TO the United States Supreme
Court.
THE APPEAL DISMISSED.
The Supreme Court today. through Chief
Justice Fuller. rendered its decision in the
case. dismissing the appeal on the ground
that the court had no jurisdiction in
the matter, holding that the Jurisdiction
OF the supreme Court in the appeal cases
OF applications for writs of hahcas CORPUS did
nor extend beyond those cases in which none
tary value enters an element The de-
cision was rendered before full bench. and
no one of the justices dissented from the
opinion.
THE LEGAL HISTORY OF THE CASE
Cross was found guilty for the second time.
upon an Indictment for murder. in the Supreme
Court Of the District Of Columbia. holding a
criminal term, and sentenced to death.
the time Of execution being fixed for
In
appeal TO the Court in General Term
which on January IL. 1892. finding no error in
the record, affirmed the judgment rendered nj
the criminal term and on January 81 n writ of
error from this court was allowed by the chief
justice OF the supreme Court OF the District.
citation was signed and served and the time for
fling the record enlarged. On the same day
the execution of death wRs postponed until the
10Th Of june. 1892. by order entered in by the
Court in General Term.
That writ of error was dismissed Nav Is. 1892
May IS Cross fled his petition in the Supreme
Court Of the District Of Columbia for writ Of
habeas corpus, which petition was heard in tine
first instance by that court in general
term The application was denied June
4 1892 and the petition dismissed. On June
s, 1892, the Court in General Term allowed an
appeal to the United States Supreme Court
THE QUESTION OF JURISDICTION
Chief Justice Fuller in delivering his opinion
today, after discussing the cases in which the
court had jurisdiction. said: In order to give
this court jurisdiction under the act Of March
3, 1885. las: referred to. the matter
in dispute must be money, or some
right, the value of which in money
can be calculated and sscertained. And as in
this case the matter In dispute has no money
value The result is that no appeal lies.
1T may also lie noted that under the Judi
ciary act of March 8. 1891, appeals from the
DEGREES of the circuit courts on habeas corpus
can no longer be taken directly to this court in
cases like that at bar but only in the classes
mentioned in the fifth section of that act"