Evening star. [volume] (Washington, D.C.) 1854-1972, 1893-12-11
HARDY AND NORRIS TO HANG.
The Conviction of Peter Young's MUIR.
derers Affirmed.

The Court of Appeals today decided that
the trial and conviction OF George Hardy
and Edward Norris, the youthful colored
murderers of Peter Young. on the 22d of
July of last year, was fair and just one.
and denied their motion for a new trial
The opinion of the court written by Mr.
Justice Shepard, is quite a lengthy one and
discusses at length the grounds assigned
by the defendants in making their appeal.
The murdered man, Peter Young. a re-
spectacle citizen and a veteran of the late
war. kept a small store at the corner of 4th
and ID streets southeast. About $50 the
evening of the murder he closed his store
and, with his money in a small satchel
started for his home. When on Sd street
near East Capitol street, he was set upon
by two men. One struck him over the head
with pick handle. and as he fell the other
snatched his satchel, both running off in the
darkness. Hardy, Norris and one Cant
were arrested upon suspicion, and were
tried before Judge McComas in Criminal
Court, No. l, last June Cant was acQuit-
ted, and the others convicted Of murder. A
motion for a new trial was denied by Judge
McComas. and Hardy and Norris were SEN
fenced to be hanged on, the 18th of January,
1894. ThereupOn, the condemned men APP
pealed to the Court of Appeals, that court
hearing the case the latter part of last
month.
The reason relied upon by the defendants
in asking for new trial were that the al
legged confessions of the prisoners Were i'm
properly admitted as evidence having been
obtained by threats and Inducements In
the course of the decision the court says:
! 'As we have said in the case of United
States against Brady C21 Wash. Law Rep.
600, the sufficiency of the evidence TO show
the competency of the confessions is pri-
marily, question for the court. As to how
he shall satisfy himself with respect to this
question, or to what extent he will hear
proof thereon, is necessarily a matter al
most entirely within mis- discretion, the ex-
ercise Of which should not be revised except
in case of palpable abuse" The court
therefore held that Judge McComas COM
mitted no such abuse in satisfying himself
as to the sufficiency of the confessions.
The court also held that no error was
committed in admitting the testimony of
the officers or to what was said by the de-
PENDANTS, for, says the court: The record
to the jury, at the instance Of the defend
ants, to disregard the confessions entirely
II they had any reasonable doubt as to
their having been voluntarily made"
But, disregardng the alleged confessions q
e..tirely, the court says there still remained
evidence sufiicient to warrant and susts I'm
the verdict reached by the Jury and for
that ana the other reasons assigned in the
opinion the judgment Of the trial court is
afIlrmed. As there seems to be no federal
question involved in the case the action OF
the Court of Appeals today appears 10 leave
the condemned men no other hope than
through the President, the court being the
tribunal of last resort
Counsel for defense will appIv to the
President to commute the sentence to life
Imprisonment