The morning call., 1893-08-10
AGAINST M'NULTY.
Supreme Court Rejects
His Appeal.
NO BASIS FOR CONSIDERATION
One of the Most Remarkable cases
i'm the Annals of California
Criminal Proceedings.

John NcNulty's chances Of escaping the
death penaly are looking less bright, as
the Supreme Court of California has once
more decided against him.
The extraordinary escapes from the GAL
lows that this man has had during the last
five years must have surely told upon his
nervous system; in fact. he has by now
proba bly, suffered many deaths. On March
p, 1888, Daniel Collins was killed on Mis-
sion street. near Second, by John Nc
Nuty. The two had had some trouble a
couple of nights previously, and met by
accident on the night in question. Some
words arose, resulting in the shooting of
Collins.
McNulty was arrested, tried and con-
victed in the Superior Court. He was sem
fenced to death by Judge Murphy. who
tried the case. An appeal was taken to
the Supreme Court, but was denied, and
McNulty sent back to be resentence1. j.
n. Z. Wilson was the first attorney Tor
McNulty, and it was about this time that
Carroll Cook became interested in the case,
and took Wilson's place as counsel Tor the
defendant.
After Ibis, the law respecting the place
of punishment was changed by an act OF
the Legislature. In former times 1t was
customary for condemned prisoner to be
executed under orders of the Sheriff at The
County Jail; but il was decreed that the
State prison was to be the place Of eXecu-
ton. From this the question arose, whether
the old law or the new was 10 apply to
McNulty's case. McNulty was granted
two rehearingS in the Supreme Court,
when finally Artorney-General Hart dug
up a clause in the statutes which, white
protecting the new law, saved the old. In
hot oil To-
applied to cases which were decided while
IL was il force, while the new law applied
only TO trials taking place since its estab-
lishment.
Carroll Cook saw his way to many legal
bubbles in this decision. but his appeal
was denied and Judge Murphy was in
structed to resentence McNulty. This he
did, after years had been occupied in re-
handing and appealing, sentencing Nc
Nulty to be executed at the County Jail,
as under the old law. This was in Octo-
Der last. From this decision Carroll Cook
applied for stay of execution. pending an
appeal. The stay was denied. both by the
Superior and Supreme courts. but finally
allowed by Governor Markham, who al
lowed him fifteen days.
The fifteen days expired. bnt Sheriff
LaumeiSter, active under advice, did not
hang his man. For this he was attached
for contempt of court by Judge Murphy.
but finally released on habeas corpus by
Judge Wallace. Then Carroll Cook, on
behalf of his client, applied TO the Su-
preme Court for writ of error, which
was denied. So he went to the Supreme
Court of the United States and Justice
Lamar signed the writ. The matter came
up before the United States Supreme
Court IN April last. but the court decided
that it had no jurisdiction in the matter.
So the matter mas gone on, appeal after
hi and eli rod
while Carroll Cook has left no stone I'M
turned 10 secure an opinion III his clients
favor. Yesterdays proceedings before the
State Supreme Court seem so far 10 have
constituted forlorn hope. The appeal
was argued by Cook. who claimed on
technical giounds shat McNulty aid not
now be hanged at all. In the first place,
the law requires a condemned person to be
hanged within not less than thirty and OF
more than sixty days after sentence. On
these grounds it was claimed that Me
Nulty could not be hanged. In the second
place, an attempt was made to argue the
old question about the place OF execution.
Speaking of the matter last night. Chief
Justice Beatty of the Supreme Court OF
California said I'VE could not well con-
slider Mr.. Carroll Cook argument as hav-
ing any sound basis. To begin with, the
old question of the place OF execution we
had considered already three or four times
made up on that score. And in this way
there was no new point offered. Secondly,
regarding the question of limit of time,
we decided that where an appeal is pend
Ing the order 20 execute within a certain
number of days does not apply. Our de-
cislon is very short; We simply give it as
our judgment that The arguments in mo-
tion have no substantial basis for our con-
sideration."
So DOW McNulty will once more return
to Judge Murphy to be ressntenced. After
this has been done it is possible for de-
PENDANTS counsel TO go Oh appealing ad
lib; so that as things 60 it is without the
limit of any ones conception when Nc
Nulty will be hanged, if ever he is hanged
at all.
The cases Of DR.. Vincent of Fresno
and of Bruggy OF Santa Rosa are covered
by the decision in McNulty's case.