Evening star. [volume] (Washington, D.C.) 1854-1972, 1892-05-27
CROSS INGENIOUS PLEA.
Novel Reason Urged why He should Re
Set at Liberty.

Set at Liberty.
A new and novel move has been made in the
case Of William Douglass Cross. who is in jal
under the sentence of death TO be executed June
10 for wife murder. II was in the form OF o
petition for writ Of haboas corpus directed to
the warden OF the Jail. claiming that Cross has
been unlawfuly confined ever since January
p. 1892. The petition will probably be filed to-
day.
The petition rocites that Cross was convicted
of murder July :. 1891. and sentenced July 20.
1891, TO be hanged Friday. January p. 1892:
that january IL. 1892. the judgment 81 the
court was affirmed by the supreme Court 20
the District; that, rs petitioner is informed.
death warrant for his eNecutioS to take place
january p, 1892. Was issued January ~. aud
no return Of said warrant has ever been made:
that while he wRs awaiting execution the chief
Justice OF the Supreme Court of the District
allowed writ Of error 60 the supreme
Court Of the United States: that january n,
1872. IN the absence of the petitioner. the Su-
preme Court OF the District postponed the day
OF execution and resentenced him 90 be hanged
June 10. 1882.
The United States Supreme Court re-
fused 10 entertain the writ, holding that the
act OF February g. 1859. did not authorize the
issue of the writ
Your petitioner further AYERS" the petition
cohunnes, las ne Is informed by counsel and
verify believes. Chat section lOsO Revised Stat
utes United States under which the court in
general term ostponed the execution of the
sentence, prov dies for cases carried Ia the Su-
preme Court of the United States and directs
"hat shali be done an such cases by the court
rendering the Judgment. IL il provided that
IN case of aihrmance the court rendering the
judgment shall appoint day for exc
| cutlon. All this is in cases which
are carried to the Supreme sCourt
IN Pursuance Of law. The case of your petit
| toner has been decided not to have been so
carried 20 the Supreme Court The result. in
contemplation of law, is that it never was in
that court Consequently the case. not being
such as Is contemplated by raid eec-
ton l0iO, the Supreme Court of the
District Of Columbia was without authority 10
change the date of execution. As the date
lawfully fixed. TO wit. january q. 1882. has
passed, and a new date was not lawfully fixed,
and no other date can be fixed. your petitioner
is advised that he is detained and imprisoned
without authority of law.
Petitioner further saws. as he IL informed by
counsel and verify believes. that since the dis
missal of the writ of error by the Supreme
Court Of the United States on the 18th day of
May. 1892. and the opinion of that court
declaring that the allowance Of said writ Of
error was ultra wires. without Jurisdiction
| and null and void; and. as a necessary
| consequence, that the order of the SUI
preme Court of the District of Column
bia in General Term postponing the
| execution of this petitioner and resentencing
! him to be hanged at a later day also ultra
| wires, without jurisdiction and null and void:
that said warden has since said decision unlaw-
fully detained and held this petitioner as pris-
oner without any lawful warrant, and still &C
unlawfully detains and holds him."
Petitioner further saws, he is informed by
| counsel and verify believes. that there is now
no power. jurisdiction or authority vested in
any court TO resentence this petitioner OF fix
another day for his execution.
Messrs. Smith and Shilington. counsel for
VIM. ID. Cross. were this afternoon irving 90
find judge at leisure. SO as TO present the
petition.