Evening star. [volume] (Washington, D.C.) 1854-1972, 1893-01-23

The Form Of Inquiry Not Yet pccideA
Upon By the Court.

The Form of Inquiry Not Vet Decided
Upon BY the Court.
II was thought that the Court IN General
Term would this morning announce lie decision
as to the form Of the inquiry which O. has
ordered to be made As 10 the mental condition
Of Howard J. Schneider whose execution v.s
last week postponed from the 9oth ins,an, TO the
18th Of next month in order tia, such inquiry
might be made. After rendering q number %
decisions the court adjourned. however, until
tomorrow morning, without mailing any sllu-
sion TO the case
IL is thought that the delay vas due 10 he
TACT that the experts In insanity who are en-
pecied 10 form the commission had not vet
been finally determined upon by the
court IL IL understood that the court
has about concluded 20 adopt the form % tn
quiry outlined in TUE STAR a few DAYS ago.
VIZ; commission Of experts before whom. In
conjunction with the court. the ~itne.se-
VIII testify, the commission. from
such hearing and from personal
examination Of the prisoner. TO report their
conclusions 20 the court II 10 supposed that
MADE IN the form OF individual sworn statements.
mat 10. that the experts after listening 10 the
testimony OF witnesses and after q personal En-
animation OF Schneider will testify 90 90 their
oelief In the matter IL Is understood that
the opinions Of the expert. 40 sub
mitted will be taken as conclusive bu, viii he
considered by the court in about the ssne light
ss the testimony OF other witnesses examined
during the inquiry. In other words that the
court will reserve to itself the right % finally
deciding the question as to the condemned
man mental condition.
IL s believed that the court ~ill TODAY .~leet
the experts who will compose the commission.
ana thai Its decision in the matter and AZ 60 the
form OF the inquiry will be announced 10
morrow morning. IL lie expected that the in
he gaWar.s "a
ably Monday or Tuesday. should such form
OF inquiry as above outlined be de-
cided upon Schneider will be brought
into court, and would remain throughout the
bearing; IL is said that should the court de-
clare Schneider 20 be sane that there Womb
then be no appeal from the courts decision.
IL Is said that while n statute passed in 1883
gives The Attorney General authority 10 place
an insane convict undergoing imprisonment IN
an asylum, no provision IL made For such a case
AZ the present one, where the convicted man Ia
not sentenced TO undergo Imprisonment. but
20 suffer death. Ii is also said that
the President has no power TO commute
the death penalty 20 one Of impri.opmen,
IN an asylum; hence Il is claimed that should
The court declare Schneider to be n sane
person and the President should disap-
prove OF or question the courts decision
the prisoner could in that event only be sent 90
the penltentiary. On the other hand il A. also
said that the Attorney General could.
under the authority Of the act of
1855, have the prisoner committed 70
the Government Insane Asylum. for the reason
that. while the judgment OF the trial court Is
IN reality one Of death. the condemned
man while awaiting the dav Of er-
ecution necessarily undereoes an i'm pri-onmeut
and II the Attorney General should nofvfth-
standing adverse declsion bv the court. con
clude that Schneider was insane IL woui mean
the act