Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1892-12-21
FIGHTING FOR LIFE.
c. J. PeSchall Thrice RescueS a Mur-
derer From the GallOws.
Trying FOR A FOURTH REPRIEyE.
be Case HaS Been Argued in Every Court
That Has Jurisdiction.
A NAN CONVICTED BUT NEVER TRIED

Charles J. PeSchall, an attorney of Jersey
City, was in Pittsburg yesterday and spent
about three hours with Judges Acheson and
Darlington asking for 8 writ to prevent the
tzecurion of Edward W. Hollinger, who is
Ieutenced to be hanged al Jersey City to-
morrow. Hollinger is q colored man and o
native of ireland. About three years ago
he killed his wife in Hudson county. n. j.
He accused her of uniaithfulnesS She de-
MED the charge and he cut her head open
with hatchet
When srrsigned Hollinger pleaded
guilty. Since that time four different dates
have been fixed for his execution. Prob
ably no other case in the country has been
through as many tribunals in the
same length OF time. Mr.. Peschall has had
il in every court that had jurisdiction and
in some that hadn't. He has been success
Jul in saving his clients neck three times
and is now engaged in making the fight for
the fourth time.
Two days prior to the time first set for
HoIlinger's execution Mr.. Peschall went into
the Supreme Court of New Jersey on a con-
stitutionsl point He claimed that the
Nhusl4lNLlOu Ol lOtz lGNulICu budb buEcS
Judges of the Inferior Court of Common
Pleas and the judges of the Superior Court
should constitute the Court of Oyer and
Terminer before whom all murder cases
should be tried.
Convinced the Supreme Court.
In Hollinger's case the defendant pleaded
guilty before Judge Knapp, who died two
weeks later, and Judge Lippincott, Presi-
]ent Judge of the Superior Court Mr.
reschan argued that Hollinger had not
been heard at all before the court as it
should have been constituted. and his argu-
ment convinced the Supreme Court and the
man was not executed
Another dav was fixed for the execution.
\ dsy or two before Mr.. Peschall went into
Jhe United States Circuit Court, and the
execution WAS stopped on a point raised by
Jam. A third day was fixed for the hang
ing Of Hollinger, and then Mr.. Peschall
went into the United States Supreme Court
on another constitutional point The
opinion handed down was one of the first
written bv Justice ShiraS Mr. PeschalI
held that Hollinger should have had jury
trial, according to the provision of the
Fourteenth Amendment, which guarantees
10 all citizens equal protection under the
Jaw. But Justice Shirss held that, while it
might be necessary to give a man q jury
trial in some States, in others it would not
Another point WAS then raised that saved
Eollingers neck from the moose the third
time
Nh Peschalls visit to Judges Acheson
sud Burlington Yesterday was a quiet one
and his argument did not take place in open
court. Ny. Peschall said he felt very we'll
satisfied with his visit to Pittsburg and was
so sure he would be successful again, that
lie wired Holhnger last night that he need
not prepare for death on Thursday.
Hopes to Fool Them Again.
THE gallows have been torn down three
times without hanging that man., said Mr..
PeschsM They have them up again bv
this time, but I think we will fool them
sEain. 1 believe that crime should be pun |
ishel, but tell you that no mans duty to /
is client is done until the latter has been |
tueu and convicted legally, and L don't
propose to allow Holinger to hang until |
he has been convicted properly of the |
crime. If Hollinger had been given jury |
trial, he would have been acquitted, and |
it's an outrage that an incompetent court |
shall Illegally say that the man must hang"
Although Nh. Peschall intimated that his |
success before Judges Acheson and Buffing- |
ton had been quite satisfactory, it is under |
stood that they refused to assume iurisdic- |
lion in the case. Judge Burlington was |
seen, bat he declined to give any facts con-
cerning the case for publication. Mr.. |
PrschaIl said he would decide by the time |
le reached Harrisburg whether he would |
go TO Philadelphia and into the United |
States Circuit Court there or 60 to WASH
iugJon and try the United States Supreme
Court again.
Defended Ballot Box Suffers.
Tt viii be remembered that Mr. Peschall |
defended three out of Al Jersey Citv ballot |
box suffers who had been convicted and /
s-utenceJ to is months in the peniten-
risrv He came here in August to argue
.ur new trial for them, but Judge Ache
son refused it. They were all Democrats.
E-cently the associate judges and the Gov
eraor OF New Jersey met, and granted a
pardon to the Al prisoners. They were to
he released yesterday, and Mr. Peschall
supposed it was done He is Republican,
but mas worked hard for the release OF his
Democratic clients