The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1892-12-22
door down. What happened atler lnaL 10

"uol uoWu' nat nappeneu AFTER LnaL Is
all a blank to me-"
No jury had been empannelled in the
case. Theustatute requires the Judges of
the Court of Oyer aud Terminer to pro-
nounce on tine degree of the crime when
a 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 a verdict of murder in the first de-
gree, n on MAY IL, Hallinger was ar
ralgned for sentence. Judge Knapp, as
is customary. asked him if he had any
thing TO Say.
A 1 want to say" said Halliueer. in
a quick, jlrky voice, that donated his ex-
cited condition, lis that I want to see my
children. Pm prepared to die at any
time, but L want to see my children"
where are YOU childrenf" asked
Judge Knapp in a kindly voice.
II don't know, sir, somewhere in the
city,"
THE Poormaster has charge of them"
said Counsellor Collins.
Judge Knapp directed that they be
taken 60 Halle ger on the following Sun
day. The Court then sentenced HaIliuger
to be hanged or June 30 in the County
Jail.
On May rs, a colored minister from New
York AMI another colored man called on
Lawyer Charles J. Peshall, a resident of
this city, but a emb of the New
York bar, aud 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 the
crimina 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 a writ of
habeas corpus. Hallinger mad no faith
in the efforts of Mr.. Peshall. and on June
70 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 q
purpose and it must be lone by individ-
ual charity, If done at all. The children
later on were sent to Virginia through
private aid.
Peshall applied to Judge Green for the
writ of habeas corpus n 1t was refused.
He appealed from the decision to the
United States Supreme Court. John j.
McPhillips was then Sheriff and he was
in a Q~uandary. He did not know
whether to hang Rallinger or not.
lie was advised by District Attor-
ney Winfield, it was said, to do so,
Peshall, on the other hand, threatened
him and his bondsmen with u suit for
damages if he did hang Hallipger and he
Threatened to nave McPhillips indicted
for murder. Finally, as q last resort,
Sheriff McPhillips. early in the morning
or June 80, 1891, went to Trenton to con-
suit the Governor. He had left orders
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 Acknowledgement Stockton. A
consultation was :had, and it was agreed
that the appeal to the United States Su-
preme Court acted as a 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 did not take
place. At ave O'Clock that day, Mr..
Peshall told the good ews TO Halllnger,
who. for the first time, showed some
emotion by e~xclaiming:-
Praise the Lord!'
QUEER PROCEEDINGS.
The appeal TO the United States Su-
preme Court was dismissed without
argument. Mr.. Peshall did not appear
in court. Prosecutor Winfield asked the
Court of Oyer and Terminer to again SEN
tence Hallipger and 1t Was done on Jaru-
airy 6 of this present year. The date of
the was tXed for February 10.
Mr.. Peshall, OF February 5, again ap-
piled to Judge Green tor a writ of habeas
corpus in behalf of Hallinger. The
grounds for the application were the
same as before, that Hallinger had been
illegally convicted because he had not
been tried by IL jury. Judge Green set
down February 9 to hear argument. This
was the day before the date set for the
execution. Mr.. Peshall presented to
Judge Green his certificate as u 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 1t; that the State
HAD exclusive jurisdiction in the case.
Mr.. Reshall replied. The writ of habeas
corpus was denied, but IN appeal was
allowed. This for a second time deferred
Ehe execution of Hallinger.
U Soon after this, Prosecutor Winfield
sent to Congress a bill making a writ of
error to the United States Supreme
Court in capital cases n writ of grace and
not a writ or right. This bill was most
properly smothered by the Judiciary
Committee. While the matter was