The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1892-01-06
WILL HALLINGER HANG?
Judge Knapp Re-Affirms
the Original Penalty
of Death.
FEBRUARY 10 THE DAY FIXED.
But the Big Black Murderer Lis
tened With a Smile-He Evil
dently Has Faith in
Peshall.
FEBRUARY 10 THE DAY FIXED.

Edward W. Hallinger, murderer, ex-
prize fighter and exBaptist exhorter, was
today resentenced by Judge Knapp In the
Court of Oyer and Terminer to be hanged.
The publication in The JERSEY CITY
NEWS yesterday that such action would
take place had the effect of causing the
courtroom to be filed with persons who
had braved the storm to crafty morbid
curiosity to see a human being con-
demned to die.
Early Sunday morning, April 5, 1891,
Edward w. HaIlinger. q tall, brawpy
colored man, hacked to death his mis-
tress while she was in bed beside his
sleeping infant. He acted more like a
fend than man as he inflicted blow
after blow on the defenceless woman's
head and body with the sharp latner's
hatchet he took with him to do
his deadly work. Haliiuger was
arrested ten minutes later and locked up
in the Second precinct station. He was
indicted, and when arraigned in court he
pleaded guilty to the crime of murder,
and Judge Knapp on subsequent day
took testimony to determine the de-
gree of murder Hallinger was guilty OF.
In this examination ex-Mayor Collins. by
the request of Judge Knapp, acted as
Hallinger's lawyer. He made an able
plea for the self-confessed murderer, but
no evidence was offered to mitigate
against the severest penalty being inf1ict-
ed and the Court adjudaed Halllnger
guilty of murder in the tirS5 degree, and
he was sentenced to be hanged June 30,
1891.
MR.. PESHALL CAME IN.
During the LInie that lnleryened be-
tween the sentence and the day appointed
for the execution Counsellor Charles j.
PeshaIl interested himself In the case OF
I.,lI n anln rod hn nyy- R.,n fiuf
eXhorter and ex-prize fighter should
never hang.
On the day appointed for the execution
Mr.. Peshall applied to a judge OF the
United States District Court for writ of
habeas corpus which was re-
this decision to the United States
Supreme Court, aud the appeal
acted as stay Of the execution, and the
Sheriff was notified otto hang Hallinger
at about noon on the day fixed for the ex
ecution to take place. Since then Hal
linger has been locked up in the County
Jail
At about half past ten O'Clock this
morning Judges Knapp, Lippincott, Pax
ton and Hoffman left their chambers and
tooS their places on the bench. A few
minutes later Constable RyDo and Bo-
land brought Hallinger into court
MUTDEEER's SMILE.
Inc muTueTeT tOWtEeo HCdu anu
shoulders above the constables as he
walked between them up the main aisle
of the front Court room. His step was
elastic and smile was on his face. Not
muscle quivered and the muir
derer appeared to be as much at ease
as he would be at dinner. He glanced
about him after sitting down and smiled
and bowed slightly to ex-Mayor Collins.
Judge Knapp looked by far more up-
comfortable than the negro when he
said:-
"Edward w. Hallinger" (and Hallinger
stood up), s'you were indicted by the
Grand Jury for the crime of the murder
terposed plea of guilty of murder The
Court, after due inquiry. decided
the murder co be OF the first degree
and thereupon Judgment was pronounced
that you should be executed on the twen-
ty ninth day of June last. The execution
failed to take place, and it is the duty OF
the Court to again appoint time for the
execution of that Judgment. Have you
anything to sayf"
Nothing" said the murderer in a firm
voice.
A SHORT sHRIFT.
Judge Knapp then formally resen-
fenced Halllnger 10 be hanged on Feb
ruary 10, between the nours or ten and
three O'Clock.
Halllnger was Immediately taken back
to the County Jail.
1t was said at the Courthouse today
that Lawyer Peshal will pursue the same
tactics concerning Hallinger that he did
after he was first sentenced. and that he
will be able to prevent the execution
taking place on February 10. The JERSEY
CITY NEWS recently published an
interview with Prosecutor Winfield on
this subject, which has been Industrious
ly copied by nearly all the New York pa
pers The Prosecutor said that there
exists an unfortunate conflict be-
tween the Federal and State laws
which renders possible the indefinite
postpon ement of the execution of any
murderer sentenced to death by simply
appealing to the United States Supreme
Court from Il refusal by lower court to
grant writ of habeas corpus. The Dis
trict Attorney further said:-
"Only Congress can so amend the law
that such state of affairs will be impos-
sible hereafter. and such an act, being
one of the nature of an amendment.
would not be an ex pest facto law. and so
would be applicable to Hallipger's case.
Congress Was made aware of the existing
trouble three or four years ago, however,
and took no steps to remedy matters"
When Halinesr was taken to the Jail
he was asked:-"Well, how did they
treat yonp
''The same old medicine" replied the
negro, "they didn't give me Il chance TO
say my prayers or God bless my SOUL"