The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1892-12-19
lS'S PERIL
Takes a
the
s PEsHALL.
Writ Of Error

before Chancellor MoGill this afternoon.
James Manning represented Hsilinger in
the place of Mr.. Peshall. who, not being
member OF the New Jersey bar, could
not appear in that court.
Mr.. Manning presented several reasons
why the writ should be granted. He re.
cited the decision Of the Supreme Court
of the United States, which denied the
application to that Court for writ OF
error and showed that the court was
di vided in that decision and that the
question presented could not be ruled
upon. and that only one OF the points
raised was ruled upon.
There was no decision in this State,
Nr. Manning said. covering the questions
aised by Haltnger and the writ of error
Fas asked for in order that those points
hiGht be passed uuon and Hallinger's
guilt either in the first Of second degree be
definitely fixed. When Hallinger was
arraifned to plead the Court accepted a
general plea Of guilty to the indictment
without tellfng the accused, as he had a
right to know by the constitution that the
death penalty would be the CONSCIENCE of
his plea. and that the court had no right
TO hold his plea in obeyance.
It was also allegedthat the Court erred
In assigning the prisoner counsel for
special purpose aud not a general de-
fense then leaving the prisoner practf-
cally without COUNSEL. The re-
cord was defective in that
told the prisoner what the effect of his
plea of guilty would be. ana it fails to
show that the plea was held in abeyauce,
that the Court in continuing
the case without adjudging the
prisoner guilty; that the record fails to
show that the accused was not allowed
witnesses on his behalf The record was
also defective in that it failed to
show the names ofwitnesses examined by
the Court and that the failure to spread
the evidence on she record made by the
finding of the Court void
At this point Mr. Winfield interrupted
to say that he was there without anv
petition being served upon him and,
without knowing. for what reason
he was there. He said he did not
think it was fair to the State. Mr., Man
ming said that when time was SO short, he
thought his proceedings were regular.
The Chancellor said When counsel waited
until the last moment before taking ac-
tion 1t was rather taking the State by
surprise. However, there was a life at
stake in the matter and Mr.. Manning
should proceed.
Mr.. Manning then proceeded to insist
that Hallinger was entitled to have
copy of the indictment. Chancellor Nc
Gill asked If HRllinger demanded q
copy of the indictment or for
the right to have witnesses. Mr.. Man
hing said thai it does not appear that he
did, but maintained that those were con-
btitutional rights which the Court should
have acquainted him with.
the United States Supreme Court has
L..
rupted Mr.. Winfield. land do you with
the New Jersey courts to overrule the
United States Supreme Court. Mr.. Mas
ming ?"
MIR. Manning replied that there was
authorities on the subject which the
UDited States Courts did not consider.
and went on with his presentation of the
case.
The Sherif's jury to witness the execu-
tion OF HallinRer on Thursday is
composed OF the following persons:-
Robert Davis, Jacob L. Braisted,
George B. Fielder, William R. Cook,
John Boyd, Christopher P Smith, John
D. Kelly, DR.. J. J. Nevin. Philip Mui-
doom, George B. Eaton and James r.
Kelly.
James Vine, Michael Carroll, William s.
Devoe, William Hogan and six repre-
sentatives OF the press.
VAN HIsE ON HAND.
Hangman Van Hiee of Newark this
morning boarded blue car at the Penn
sylvania depot and rude TO the County
Jafl. The hangman appeared to be in
excellent health. His complexion was as
clear as that Of man who never tastes
liquor and his long red mustache was
twisted with ferceness that would have
created envy in the heart OF French
huzzar.
Mr. Hangman Van Hise looked
thoughtful as he mechanically chewed a
huge quid of tobacco. What his thoughts
were during this ride no one but
himself will ever know, but they
apparently afforded him great satisfac-
ton, for his eye frightened and smile
stole over his morose countenanoe when
the conductor of the car announced
sJaiIP'
With an elastic and bouyant step Van
Hise jumped from the car. He glanced
intently at the jail for moment and
then entered kuempler's saloon and
seated himself at Il table with Constables
Hogan and Carroll. 1t was at this time
that spoke to Van Hise. said:-
"Well. do you think You will hang
Hallinger this timer"
Didn't you come upon the car with
mep he replied.
Yes"
II had my eye on you, I have thought
often of you."
did not Ieel any happier for this.
who sent for YOUR 1 asked.
McPhillips visited me at Newark
week ago Wednesday, and directed
me to take a look about
the jail and propose to make Hallinger an
angel - -; by the way, how is Ed?"
adding in meditative and professional
tone, Il understand that he don't weigh
SO much, that be is getting thin"
Yes, that is So" said Constable Car
roll.
THAT'S GOOD" commented Van Hise.
and it was evident that he was thinking
of the weights on his drop rope.
"Do you think you will complete your
job this timef' | ventured
well, you see. 1 don'5 know" Van
Hise replied very slowly, ''tnat
ID fool has kept him nafe
so long. Say, wouldn't like to stretch
Peshall. By God, / would do him up
free gratis and give him q Id good
dinner in advance if could put him in
the place of Ed"
'.Yes.n said he later, sthis fellow,
Peshall, has cost the county pretty
penny can't understand
now the judges listen to such id
fool. but they do--they do it even in
Washington. think the country Is gl
goin' TO ibe devil.n -
when will you erect the gallowsf
81 don't know, want to see the p
cutor. Ican't go ahead until 1nd