The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1892-01-07
PESHALL'S Big CHANCE.
And How He Proposes to
Improve the 0ppor-
tunitY.
LAWS He WILL LAY DOWN.
Expects to Loose HalIinger Upon
the Community Before Many
Days, if Mr.. Winfield
Will Aid.


After Judge Knapp sentenced HAHN
ger yesterday, 1 sought Counsellor
Charles ]. Peshall and asked hin, what
he intended to do in regard to the muir
derer.
81 am going to have him discharged
from custody" Mr.. Peshall said, in
serious manner
You are! How will you accomplish
this"
II shall apply in a few days for writ
of habeas corpus. This is the petitlon:-
In the Circuit Court of the United States, Dis
trict of New Jersey.
Your petitioner Edward NJ. Hallinger, by his
attorney. c. j Peshall. respectfully shows and
states that he is subject of Her Majesty, VIC
toria, Queen of England and Empress of India.
That he is unlawfully imprisoned, de-
tanned. confined and restrained or his liberty oy
Charles Birdsall Jaer, of Hudson county, state
of New Jersey, in the jail at Jersey City, county
of Hudson, State Of New Jersey
That the only pretext or cause OF sucn I'M
Of Judgment and sentence OF the Court OF
Oyer and Terminer and General Jail Delivery of
the county of Hudson State OF New Jersey.
That by the Judgment Of said Court as afore-
said your petitioner has been and is now under
sentence of DEATH and is Illegally and unlaw-
said Jail in violation of the Constitution of the
State Of New Jersey. and in violation OF the
treaty between the United States of America
and England, all of which guarantees to your
petitioner the right of trial by jury.
That since the rendering OF said judgment of
the Court of Oyer and Ierminer @ s and R general
set for the execu cution of your petit on er. your
petit ioner made application to this honorable
Court for the issuance OF writ OF haoeas cor
pus in his behalf, and which application was by
This honorable Court denied, whereupon your
petitioner by his attorney, {. J. Peshall,, did
pray an appeal from said judgment to the
United States Supreme Court
That the said appeal was not prosecuted and
the same has been dismissed by the United
States Supreme Court upon the application OF
the Prosecutor of the Pleas, of Hudson County,
State of New Jersey.
That the said Imprisonment, detention and
restraint is Illegal 10 that your petitioner, hav-
ing been convicted for the crime of murder and
sentenced to death without the Intervention OF
q jury and without due process OF law
Wherefore to be relic wed of said illegal and
unlawful Imprisonment, detention and restraint,
your petitioner pt avs that writ of habsas cor
nus to be directed 10 the said Charles Brdsall,
may issue in his behalf, so that your petitioner
may be forthwith brought into this court, to DO.
and that your petitioner be discharged.
TO this is added the sentence imposed
yesterday by Judge Knapp ana certified
copy OF the record is attached but strange
to say the records do not show that SIM
gle witness was sworn In the proceedings
before Judge Knapp.
HOW TINE MAY BE SAVED.
LAS soon as / can see Mr.. Winfield"
continued Mr.. Peshall; II shall ask him
TO consent to an application being made
direct to the Supreme Court of the United
States at Washington. II he consents it
will save time and l think we can argue
the case in case in sixty days. Should
Mr.. Winfield refuse to consent
to this I will present my Petition
for the writ to the Cir
cult Court and believe it
will be granted. II the Circuit Court
does not sustain me, Of course will ap-
peal to the United States Court"
"Counsellor, why did you permit the
other appeal to be dismissed without
argument"
several reasons. You know the time was
short. The gallows was erected when l
presented my former petition, and | had
to work quickly. In the other petition l
set up that the act of the Legislature.
whith provided for the Court to examine
witnesses to determine, the degree OF
guilt. is unconstitutional lam confident
the Court would have so held had the
question been argued. 1t Is a well settled
principal of law that man Is never In
jeopardy under an act that Is unconstitu-
tiona; If the act is declared so in his case
and at his instance.
"You will observe that do not men
tion the statute in this petition at all, but
set forth The fact that the man has been
found guilty of murder in the first &C.
gree and that he has been sentenced To
death without the intervention of jury
and due process of law in violation OF the
Fourteenth amendment to the consttu-
tion. Upon the return to the writ the
State in answer will set up this uncon-
stitutional statute as its authority for
condemnng man without a jury.
''In This way l will be enabled to have
the Judgment declared a nullity and the
man discharged from the Illegal impris-
onment. while the illegal and unlawful
judgment will ever remain upon the rec
0rds and will forever be his protection,
for should the State again try to indict
him and attempt to try him, our plea
would be heretofore convicted of the
same offense, and we would produce the
records in proof of the plea.
.sUnder this state OF facts the State can
not complain or set aside this judgment.
1t can only be done at the instance or
upon the application of the defendant"
sIt has been claimed by some that an
appeal to the Uuited States Supreme
Court will not act as stay of execution,
Counsellor-is this true?"
TO DIE OR NOT TO DIE.
"It is rank nonsense, aud am glad you
mentioned it. Do you suppose for mo-
ment that the Constitution gives a man
condemned to die the right to an appeal
to show that he should not die, but per-
the appeal is decided2 or what use would
the appeal be to the man who obtained
decision in his favor after he had been ex-
ecuted? In the case of Miligan, eI pdTte
w. Wallace, the Supreme Court renders
a decision that completely settles any
doubt as to the appeal acting as stay.
There are many other decisions of Il like
nature. Should the Sheriff disregard
the appeal ana hang Hall!nger
he would commit murder aud
his bondsmen would be liable to he Wy
damages. will win this case. A man
cannot, by his own consent, be deprived
of a constitutional right. This has been
repeatedly decided by the United States
Supreme Court and tine Court will sus.
tain my petition"
what will ne the line of argument
you will pursueg"
II will mention few points l shall
make.
II am convinced that the statute Of the
State of New Jersey recited i'll the petition
is unconstitutional and void. The Con-
stitutiou of the United States, and also Of
tNe State of New Jersey, not only guaran-
tees the defendant, or prisoner, the right
of trial by jury, but provides that the
right of trial by jury shall remain inviol-
ate. There is no provision In either con-
stitution, or in the statutes of the State,
providing for any waiver of this right by
4 defendant.
Look for moment at what the stat