Evening star. [volume] (Washington, D.C.) 1854-1972, 1892-11-30
CROSS PETITION,
Counsel for the Convicted Murderer NJ de .
Final Effort.


Messrs c. Maurice Smith and Joseph shil-
lington, counsel for VIM. ID. Cross, sentenced
be hanged Friday next for the murder of his
wife, yesterday filed in the United States Su-
preme Court the petition for writ of habeas
corpus and certiorari. which THE STAR an
nounced several days ago would be done. The
petition after reciting the history of the case.
says:
Your petitioner AYERS that section 1040 Re-
vised Statutes OF the United States. under
which the Court in General Term postponed
the execution OF the sentence, provides for
cases carried to the Supreme Court of the
United States, and directs what shall be done
in such cases by the court rendering the judg-
ment. 1t is provided that in cases of affirmance
the court rendering the Judgment shall ap-
point a day for execution. All this is in cases
which are carried to the. Supreme Court in
pursuance of law. The case of your petitioner
has been decided not to have been SO carried to
the Supreme Court. The result, in comtem-
piation of law, il that it never was in that court
Consequently, the case not being such is
contemplated by section 1910. the Supreme
Court of the District of Columbia was without
authority to change the date of execution As
the date lawfully fiXed-to w.t. July 20, 1892
has passed and new date not lawfully
fixed. and no other date can be fixed your
prisoned with out authority OF law
Petitioner further says that since the dis
missai of the writ of error by the Supreme
Court of the United States on the 10th of May
1892, and the opinion of court declaring that
the allowance OF said writ was ultra wires with
out jurisdiction. null and void us a necessary
consequence the order of the Supreme Court of
the District of Columbia i'll general term post
poning the sentence of this petitioner and re-
sentencing him to be hanged at n later day was
also ultra wires; that said warden has since said
decision unlawfully held this petitioner us
prisoner.
DELAY TO BE GRANTED.
This morning on the Criminal Court conven-
ing Messrs. c. Maurice Smith and Joseph Shil-
hngton appeared and asked "a further post
poncment OF the execution of the sentence by
Justice Cox.
Mr.. Smith stated they had in the Supreme
Court of the United States filed il petition for n
writ of habeas corpus and certioriri to take
the case up for review, and as they world move
to set n day for hearing they would ask order
further postponlng the sentence, and they
asked for sixty days.
District Attorney Cole said i. was matter
between the court and the prisoner. but he sug-
eested that the Supreme Court might decide
the matter today. He was in the Supreme
Court when the petition was presented and the
chief justice directed that il be printed.
Justice Cox said that as the application was
pending there should be delay.
The district attorney suggested that the pris-
oner was absent
Mr.. Smith said they proposed to file n brief
and would ak TO be heard in the Supreme
Court of the United States.
Justice Cox sand he would order the prisoner
10 be brought up tomorrow and would then
give them further delay of thirty days.