The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1892-12-20
PHSHALL'S LAST DITCH
Seeking a Stay for Hal1in-
ger at Washington-The
ChanCellor's Re-
fusal.

Charles j. Peshall was absent from the
city this morning. aud it was said that he
| went to Washington last night to en-
deavor to obtain writ of error from the
United State Supreme Court. After
Chancellor McGill had rendered his de-
cision yesterday he gave Mr.. Manning a
! note setting forth that he had denied the
application for writ of error. Mr..
Peshall took this note with him in order
to show the Federal Courts that every
meaus under the New Jersey law had
been exhausted.
He will make his application today, and
II 1t is granted he will take the first train
back. He expects to arrive in Jersey
City some time tomorrow.
Hallinger Is now counting the hours
which he has 60 live, aud has apparently
given up any hope of having his execu-
tion deferred for fourth time. His
time is principally occupied in read
ing the Bible and in prayer.
He seems cheerful. but thoroughly
on Thursday unless Mr.. Peshall succeeds
in having the United States Supreme
Court stay the execution. AT the Court
House IL is generally believed that the
execution Will take place. Prosecutor
Winfield has no doubt but that Mr..
Peshall cannot longer save Hallinger.
Chancellor McGill yesterday afternoon
denied the application for writ of error
in Hallinger's case. When Mr.. Manning
had finished presenting his points against
the validity of the record and the regu-
larity of the Courts proceedings. the
Chancellor asked him to read the record
and point out his objections one by one.
This was done by Mr.. Furey. The first
point raised. and the one upon which
Mr.. Furey said their whole case depended,
that the Court which tried Hallinger
Was an inQuisition and consequently did
not proceed regularly in the manner in
which it fixed Hallingsr's guilt, was
promptly overruled by the Chancellor.
The next point, that Hallinger had
the Court, led the Chancellor to ask if he
had demanded those rights. Upon being
told that nothing OF that Kind appeared
on the record, the Chancellor said that
the defendant sAruld have demanded
those rights, aud il denied. had his objec-
tions noted upon the record. "The OBJ
lection is overruled," the Chancellor con
cluded.
When MIR. Furey pointed out his next
objection, that the Court erred in holding
hallinger's plea in allegiance from day to
day the Chancellor asked if that did
the defendant any injury. Mr.. Furey
could not exactly say that it did. Still. it
This objection was also promptly over
ruled. The next several objections met
similar fate. but Mr.. Furey WAS not dis
couraged- He kept peggtng away, and
changed from attacking the Court to
questioning the record.
This, he claimed, was defective in many
ways, and raised some points which
caused Mr.. Winfield to smile and ask If
they were not PeshaIl's points. Each
was calmly but effectively overruled by
the Chancellor. Then the objection WAS
raised that Judge Lippincott, as the
Presiding Judge of the Court of Common
Pleas could not be a member of the
Over and Termiuer. In arguing this Mr.
Furey said that the Court of Oyer and
Terminer was composed of the Justice of
the Supreme Court. and the Judges of the
Inferior Court of Common Pleas
Now Judge Lippincott is no inferior
Judge" said Mr.. Eurey.
II thoroughly agree win you. Mr..
Furey," said the chancellor smiling,
while laugh went round the court room
Mr.. Furey went on to explain that he
meant that Judge Lippincott as, the Pre-
siding Judge of the Common Pleas, could
not he Judge of the Inferior Court.
This was promptly disposed of. as were
the other few points raised, When Mr..
Furey had finished the Chancellor said he
would refuse the writ.