The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1892-07-30
PESHALL'S LATEST.
He Te1egraphs Colonel H
Clay King How to
Save His Life.
FREE AIR FOR SUFFERS.
The Lawyer Confident of Their
Release, Not on Bail, but
as Free Men.

Counsellor Charles J. Peshall has found
that saving negro murderers and ballot
box suffers from punishment in this
State is not scope enough for his genius.
He has gone abroad for other foes to con-
quer. His next field of operation will be
in Tennessee, and he will en-
deavor to prolong or save the
life of another convicted m urderer. Col
onel H. Clay King, several months ago,
shot and killed ColonelsPosten, in Mem
Dhis. Both were prominent In social cir
cles. and the murder was the outcome of
an offensive expression made by PosteR
Against Kings deserted wife while
trying law suit. King was
tried. convicted and sentenced to be
hanged on August IA. The case was ap-
pealed and went from court to court until
it finally reached the United States CTR
cult Court. where a decision affirming
the judgments of the lower court
was given on Thursday, The
Circuit Court Judge held that the Court
was not in session and that, therefore, as
Judge, he could not grant the wris
applied for. He admitted that sitting as
a Court he could.
Lawyer Peshall in some way became
interested ia this case, and yesterday be
sent the following telegram to the con-
demned mani
Sol II. CLAY KING, the Jail, Memphis.
Tenn
Apply to the United States District
Court at Memphis for writ of habeas
corpus. If denied writ, your right of ap-
peal Is absolute. See case Sun Wung,
90 Federal Reporter. and case JugiYo.
140, q. S, Reports. Ihave mailed you
letter.
CHARLES j. PEsHALL.
In speaking about his victory in the
ballot box cases over DISTRICT Attorney
Winfield and ex-Secretary Robson, Mr..
Peshall remarked:-
"Oh. / knew would win." with mag
nfficent GESTURE of his arm, which is q
favorite gesture of his. "Fhe Court had
| no jurisdiction, and could not have de-
cided any other was"
ing"
"oh. he didn't mention nae by
name; but, you see, l didn't think
it worth while to put in any evil
dence. The Judges opinion rests
upon the ex-parte evidence of the other
side. | can show that the facts are all
wrong. but didn't think it worth while.
| knew he had no jurisdiction, and
didn't want to lumber ap the record.
well, what is your next mover"
MY next move will be to Eberate
Thomas Falion. Jacob Mosshell and
James Hart. will bring them out OF
State Prison free men, and don't you
mistake me- No. not out Oh bail, bat as
| free as the winds of May. The CourU
can't possibly do anything else. The
authorities of this county have moved the
| checkers in this case, and have changed
the statutes so that now she only result
| will be to liberate these men.
II intend to make an application N&
| once to the United States Supreme Court
| for writ of habeas corpus. The applica-
| tlon will be based on the fact that an ap-.
| peal was taken and citations were served
| on the officials in this county. Notwith.
standing this, and pending the appeal,
| them upon their sentence IN TOE State
| Prison. In this they violated an act Of
Congress which provides:-
| Pending the proceedings of appeal ia cases Of
this kind, and until final Judgment therein, and
ing against the person so imprisoned OF restrain.
| ed of his liberty. in any State Court or Ay or
| under the authorities Of any State, for any mat
ter SO heard and determined, OF in pro1essof be-
ing heard and determined under such writ Of
habeas corpus shall be deemed null and void.
my case Is right in line with that pro.
vision, and the papers are now being pre-
pared for the application AGAINST John a.
Patterson. the keeper of the Sbste Pess6h,
| His only retnrn or answer to the wrfs VIII
be the commitment McPhiiHps AessFere6
to him and that the law declares tusb&
void
"After Ithet is DONE" continued M.
Peshsll. Il will move 10 sttach
fieid and ps sbsrsF MsvSiiliDs Rs1it' for Son.
tempt of Court IN 6is0beying Che
| order OF the United States Circuit
Court. We have their utterancas When
the writs were served, add I peopose to
| test the question now whether al o1deg
| OF this Court has any force or validity"