The Jersey City news., 1892-02-10
HALLINGER IS HAPPY.
Van HiSe is Madder Than
is the ProYerbiaL
Hornet.
LAWYER PESHALL Is SERENE.
And Prosecutor Winfield, in A Fit
of Disgust, Writes to Ask Col
onel Fellows to Have the
Law Amended.
LAWYER PESHALL Is SERENE.

of Counsellor Charles j. Peshall, Edward
w. Aallinger. the negro murderer had
been granted another respite by the
Courts. Yesterday morning Mr.. Peshall
took an early train for Trenton and went
directly to the Federal Court room. He
forever set at rest malicious gossip about
his not being lawyer and entitled to
practice as such by introducing himself
to Judge Green, of the United States
Districts Court, and submitting to him
his credentials as a practitioner in the
United States Courts.
. Thev consisted of certificate issued by
the United States District Court,
Arkansas, which set forth that Mr.. Pesh-
all was an attorney, solicitor, counsellor
and proctor in the District Courts of the
United States. Judge Green greeted Mr..
Peshall cordially and SO did Attorney
General Stockton who was in Court for
the purpose of preventing any further de-
lay in the execution Of Hallinger, If pos
sible.
MR.. sTOCKToN's ARGUMENT.
In the argument on this question, which
began when Court opened, the Attorney
General contended that the case was ex-
clusively for the State Courts, and that
the Federal Courts had no jurisdiction
over it. He claimed that Hallinger had
been convicted under a State law, and II
any violation of law had taken place it
was violation of State law, and not of
therefore, Hallinger should look for re-
lief to the Courts of the State, and not
outside of them.
Mr. Stockton further held that the
Court must hear the case before refusing
an application to avoid obstrucsing the
criminal proceedings of the State without
authority of law. The provisions of the
Federal Constitution cited do not apply
to criminal proceedings in State courts
because they were intended to protect
individual liberty against the exercise of
power by the general government
through the Federal courts. Ii. there
fore, the act under which sentence was
pronounced was not consistent with the
provisions Sin the amendments to the
Constitution of the United States there
still exists no question for the Federal
Judiciary to decide.
In cases of error, which may properly
90 to United States courts. the Federal
Judiciary do not grant writs OF habea
corpus, nor make decisions on the appli :
cations and approve of appeals there
from; thus bringing to the Suprem 9
Courts of the United States questions
under State Constitutions before they
have been considered by the Suprem e
Courts of the States The petition In
this case should have been traversed,
when 1t would have appeared that the
alleged case was one for review, and that
no Jurisdiction existed in the Federal
Courts to consider it under habeas corpus
proceedings. 1t would then be manifest
that no appeal existed because there
could be no decision, no consideration OF
the question.
The amendments nei ther contemplated
nor gave such power as is sought TO exer.
else in this case. They were simply
meant to protect the colored man fronl
| illegal prosecution under the changed
| condition of affairs.
MR.. PEsHALL's REPLY.
Lawyer Peshall in reply made but br1e1
remarks. He introduced them by say
| ing.-''In all Europe, no emperor OF
king, no matter how deSpotic the gov
| ernment, would send subject to repre-
sent him in securing the death OF an ac-
cused man." Mr. Peshall then said that
| inasmuch rs the right of appeal had been
| taken from the people by the State law
| and abolished, the Federal courts were
| the proper places to seek justice. He set
| forth that IalIinRer was resident OF This
State, but subject of Great Britain. The
| lawyer referred TO the record Of the cour'
| in Hallinger's case and declared thatone
| man was ever hanged under such q one
| The brief prepared by Mr.. Peshall was
| then lightly touched upon and Judge
| Green stopped further argument by grant
| ing the appeal.
SERVING THE NOTICE.
| The necessary papers were served OF
| the Sheriff and jailer early last evening
and the death watch was removed. To
| day Van Hise, the Newark hangman
called early at the jail. He had heard O.
| the respite granted Hallinger, and IL hat
| put him in no enviable humor
l tNr WI fYor
| scaffold IasKed him what he thought o
| Hallinger's new lease of life.
| ''That fellow Peshall, d--n him, hat
no business to interfere in this job. Th
| other time when l was here to send th
| nigger Off, this meddlesome Peshal KEEP
me around the jail until two o'clock b,
| his interference, and l caught such coli
| that it took me months to get over it.
| wonder when people will learn to attent
to their own business and not interfer
| with that of other people. This lawye
| Peshall ought to be taught his place
| What in blazes does he want to keep m
loafing about the jail for. don't like II
| II makes mau look like bum, nov
don't it. l woula Just like TO strinl
Peshall up with Hallnger and wouldn'
charge a cent extra for sending him t.
| glory either"
OTHER EXECUTIONS.
slow many executions have you ot1ci
| ated at?" Inquired of the hangman.
eff had swung Hallinger today /
would have made thirty-seven."
"Do you touch off the spring yourself
or intrust it to some of your assistants" !"
"When you want job we'll done, do
Yourself, is my motto. and hanging i
too seaious a matter to take chances on
l do the work myself"
Evan Hise how long have you been en-
gagged in the business of transportin
soulsf
"The first man hanged was In 1854.
have only hanged two women" said h
in q sad tone filed with regret. "Au Q
my business has been confined TO thl
State"
HALLINGER IS HAPPY.
When l called on Hallinger at th
County Jail he was in excellent spirit
and was singng:-
II want TO be an an angel and with tn
angels stand"
'Did you feel that way yesterdav3"
inquired.
"Yas, sab; am allus willin' to ODE
de law. ] has great respect for the la
and allus hev he'd, AM hev de greateste
confidence in Lawyer Peshall too. He
very smart man and VERY goe
man an he is my frien'."
did You think yesterday you wou
die today"
Not VERY much fo' Mister Peshall /
, told me dat l Wouldn't. l amt werl
much anxious to live, but den alnt
VERY willing to die"
Hallinger would talk no further abo
} his affair. Tne keepers in the Jail sa
his appetitite had been very good and