The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1892-12-22

testimony for the State was substan-
TALLY relation of the facts that have
been given in this sketch. Hallinger
himself was at length placed on the
stand.
HALLTNGER's EVIDENCE.
~ am thirty-four years DID," said he.
81 was born in Ireland. My mother was
an African and my father an Arabian.
settled in Connecticut, where l worked
at my trade as a kalsominer, plasterer
met that woman. We didn' run away
together. She went to New York
my religion for her. wanted
to marry her. and several times asked her
to marry me, but she wouldn't nave it.
We had two children. When heard my
wife tell Mr.. Moore she didn't want TO
see me, / got w:ld-crazy I suppose. l
had no idea of killing her until I heard
her tell Moore not TO let me in. Then |
remembered the children and I broke the
door down. What happened after that is
all blank to me-"
No jury had been empannelled in the
case. Thesstatute requires the Judges of
the Court of Oyer and Terminer to pro-
nounce on the degree of the crime when
general plea OF guilty is offered to an
Indictment for murder. The Judges who
passed upon the case were Knapp. Lip
pincott, Paxton and Hoffman. They re-
corded verdict of murder in the first de-
gree, and on May IL, Hallinger was ar
raigned for sentence. Judge Knapp. as
is customary. asked him If he had any
thing to Say.
"All want to say" said Hallinger, in
a quick, jirky voice, that donated his ex-
cited condition, lis that l want to see my
children. Pm prepared to die at any
time, but want to see my children"
where are your children2" asked
Judge Knapp in kindly voice.
II don't know, sir, somewhere in the
city"
said Counsellor Collins.
Judge Knapp directed that they be
taken to Halliuger on the following Sun
day. The Court then sentenced Halliuger
to be hanged on June 80 in the County
Jail.
On May 25, a colored minister from New
York and another colored man called on
Lawyer Charles J. Peshall, resident of
this city, but member of the New
York bar, and enlisted his aid in behalf
OF the condemned man. During the con-
sultation, Mr.. Pesnall told his visitors
that Hallinger had been deprived of his
constitutional rights of being tried by a
jury, and that he could prevent the exc
cution from taking place. He volun-
teered to do so and he then began
the strangest fight known to Che
criminal history of this State-a struggle
to save from hanging a self-confessed
murderer because of technical errors.
Mr. Peshall prepared papers to be pre-
sented to. Judge Green of the United
States at Trenton, asking for writ of
habeaS corpus. Hallinger mad no faith
in the efforts of Mr.. Peshall. and on June
26 he wrote to Poormaster Hewitt, re-
questing him to send his children to his
aunt, Caroline Fauntleroy of Middleboro,
Virginia. Mr., Hewitt replied that the
city had no money set apart for such
purpose and it must be done by ind vid-
ual charity, if done at all. The children
Later on were sent to Virginia through
private aid.
Peshall applied to Judge Green for the
witt OF haoeas corpus and 1t was refused.
He appealed from the decision to the
United States Supteme Court. John j.
MePhillips was then Sheriff and he was
in a duandary. He did not know
whether to hang Hallinger or not.
He was advised by District Attor-
ney Winfield, it was said, to do so.
Peshall, on the other hand, threatened
him and his bondsmen with suit for
damages if he did hang HalIinger and he
threatened to have McPhillips indicted
for murder. Finally, as last resort,
Sheriff McPhillips. early in the morning
or June 80, 1891, went to Trenton to con-
that the execution on that day should
not proceed until direct orders from him
were received. Governor Albeit was
unwilling to decide the matter and he
sent for Attorney-General Stockton. A
| consultation was shad, and it was agreed
that the appeal to the United States Su-
preme Court acted as stay, and Sheriff
McPhillips was advised not to hang Hal
linger until after that Court disposed of
the appeal. That settled the case for the
time, and the execution did not take
place. At fave o'clock that day. Mr..
ErolI fr1r h 1a6
who. for the first time, showed some
emotion by exclaimiug:-
Praise the LordW
QUEER PROCEEDINGS.
The appeal TO the United States Su-
preme Court was dismissed without
argument Mr.. PeshalI did not appear
in court. Prosecutor Whitfield asked the
Court OF Oyer and Terminer to again SEN
tence Hallinger and 1t was done on Tauu-
ary 6 of this present year. The date of
the execution was fixed for February 10.
Mr.. Peshall, on February 5, again ap-
piled to Judge Green for writ of habeas
corpus in behalf of Hallinger. The
| grounds for the application were the
same as before. that Hallinger had bsen
illegally convicted because he had not
been tried by jury. Judge Green set
down February to hear argument. This
was the day before the date set for the
execution. Mr.. Peshall presented to
Judge Green MS CefClnCaCe as member
| of the Bar of the United States Circuit
| Court and set at rest rumors that he was
not entitled to plead. The case
was argued by Attorney General
Stockton for the State. who made.
the point that the case was exclusively a
State case. and that the Federal Courts
should not interfere in it; that the State
had exclusive jurisdiction in the case.
Mr.. Peshall replied. The writ of habeas
corpus was denied, but an appeal was
allowed. This for second time deferred
the execution of Hallinger.
Soon after this, Prosecutor Winfield
sent to Congress bill making writ of
error to the United States Supreme
not writ or right. This bill WAS most
properly smothered by the Judiciary
Committee. While the matter was
there, the Prosecutor had for a third
time had Hallnger arraigned for SEN
tence. On May 5 Of the present year,
Judge Werts, who had succeeded Judge
Knapp. sentenced HalIinger to be hanged
on June 5.
Peshall again applied for writ OF
habeas corpus in the United States Cir
cult Court and again he was refused, but
he appealed to the United States Su-
preme Court. Then for the first time III
the history of the case argument was
he rd by this Court, but even then the
arguments were not on the merits of the
case. but upon the merits Of the appllca-
tion for writ of habeas corpus.
LAST STRUGGLES.
I1a 1.f dad oil