Evening star. [volume] (Washington, D.C.) 1854-1972, 1892-06-06

Unless Given Executive Ciemency He WIN
BE Hanged Next Friday.

BE Hanged Next Friday.
IL is very probable that. unless the President
should intervene. Vim. ID. Gross. the colored
wife murderer. will be hanged next FRIDAY.
Notwithstanding the fact that his counsel gave
notice that an appeal would be taken 10 the
United States Supreme Court from the decision
Of the Court in General Term rendered
Saturday last DENYING the condemned man
q writ Of habeas corpus. Counsel for Cross, -
stated in TIE STAR, applied 10 Judge Mont
gomery on the 9th Of last month for the issu-
ance OF such writ. alleging that the condemned
man was entitled 30 his discharge from custody
first because the Court in General Term had no
authority 10 postpone the execution from the
time named by the trial court (January a.
1892, 20 the day named by the former tribunal
named date having passed without the order Of
the trial court having been obeyed, the prs
oner could not be lawfully executed
The following day Judge Montgomery,
without passing upon the merits Of the case,
certified the case TO the Court In General Tern
TO be heard In the first instance. The case vss
heard in this court "wednesday last. and Satur-
day morning Judge James rendered the de-
cislon Of the court. refusing 90 issue the writ.
The decision of the court was 20 the effect
that the time and place Of execution were not,
strictly. parts Of the Judgment sentence un-
less made 90 by statute. That is. the court
decided that the Judgment Of the court below
was death. and that the time named merely
an order OF that court designating the date Of
the execution Of its Judgment.
The Court in General Term announced that
II could find no statute making the time and
place parts Of the sentence. and that the power
OF the court therefore remained as IL vas at
common law. There il was found that 80 long
rs the Judgment OF death remained une,ecutcd
the power Of the court TO enforce its iudg-
ment remained.
The court said Judge James. "could in
case Of escape and recapture after the date
f1rst set had passed appoint another day. II
would be useless TO try criminal cases IL the
prisoner himself could nullify the power Of tbs
court 20 punish. No such result would be tena-
BILE in contemplation Of law. II by accident. by
the refusal or neglect of the sheriff or marshal
TO execute the sentence. the court retains its
power TO make q new order 20 fix time for the
execution of it, II there be a refusal Of the
officer TO act, and the time Of the execution n
passed. the law Yet remains 30 be enforced and,
Of course, the judicial power Of the court
charged with the execution Of its own sentence
remains uhimpaired."
The Court in General Term held tina, Gross
was lawfully in custody, and that no matter
what happened. whether some things dom were
right or wrong. he could not be discharged. and
in pursuance Of their finding remsnded the case
TO the Criminal Court for such action ne was
proper and necessary. Counsel for Cross at
once gave notice Of an appeal TO the United
States supreme Court. which appeal the court
mtimated. was a matter Of right.
This morning Judge Bradley. before whom
Cross tried and by whom he was sentenced.
occupied the bench of the Criminal Court. The
condemned man. looking remarkably well. was
brought into court. and Assistant District At
torney Armes called Judge bradleys attention
to the decision of the Court in General Term
in the matter Of the prisoners petition
for writ of habess corpus. Judge
Bradley then announced to counsel that he
would sign an order making the order Of the
Court in General Term postponing the date Of
execution its (the Criminal Court y own order.
An order was thereupon made commanding the
warden of the jail TO execute Cross Friday next
within the walls Of the prison between the houu
Of am. and u m.
1t is understood that the action of the Crimi-
nal Court this morning is intimation that %
far as il is concerned Cross will be hanged next
Friday morning While an appeal to the U. 8.
Supreme Court from the deci( Pm OF the Court
in General Term il. a. intimaWd by the court,
d matter Of right. there is a wide diversity
of opinion among the members Of the
an appeal would operate as q stay Of execution
majority think that il would not, and con-
tend that only the Presidents intervention
or the allowance of a writ Of hsbess corpus
gomery. in certifying the prisoners
petition for wit Of habeas corpus
to the Court in General Term. announced
to counsel for Cross that il that court refused
to grant the writ, he would. The court having
fully heard the case and having decided IL Cd
versely TO the prisoner. il 10 now thought that
be would hardly interfere. Should he refuse
and the Court in General Term decide 10 allow
the judgment OF the Criminal Court 10 be en-
forced Friday next. the Presidents re-
prieve Of The condemned man would be bec-
essary TO enable counsel TO carry their
al fa h. ted Gfafa Atw
Court. The question, then, 20 whether or
not Cross shall be executed on the 10th instant
may be said 90 rest with the President. II b
believed that should such action by him be-
come necessary he would interfere and reprievs
Gross until such day would permit his APP
peal 10 be heard. which would mean that the
execution would not take place until December
or January.