The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1895-07-29
Chancellor MGGi11 Grants a
Writ Removing His Case
to the Court of
Errors.
EXECUTION INDEFINITELY POSTPONED
Counsel Claimed That Justice Lip
pincott's Charge Was Errone-
Gus - Won't Talk.

Chancellor McGiH at noon today granted
a writ of error in the case of Patrick
Sheehan. condemned to be hanged on
August 10 in the Hudson County Jail
for the murder of Dietrich H. CARDS in
Bayonne on April last.
This will take the case to the Court Of
Errors and Appeals and If an error is
found there will be a new trial. In the
meantime, of course, the writ acts as
stay and the necbtie party originally
fixed for August 10 will be indefinitely
postponed.
Application for this writ was made lase
week by Messrs. A. O. Garretson, T. b
Noonan. Jr.. and James Benny.
COURTS CHARGE ERRONEOUS.
The opening plea was made by Mr..
Noonan, who urged that writ should be-
granted on the ground that the instruc-
ton of Judge Lippineott to the jury was
erroneous in practically telling the jury
that if Sheehan had before the act of
killing. formed this design to take life,
that then he could be found guilty of
murder in the first degree-which instruc-
ton entirely disregards the essential ele-
ment of murder. delfberation and malice
aforethought. Counsel further contended
that it was error for the Trial Justice
~ SSAA tAAC J1Ay tAldI uTOul the ACT OF
using the knife, and from that act alone
nothing being said about deliberation--
that the jury could find an intent to
kill.
1t was also claimed there was error I'M
the instruction of the presiding judge
IF you should find that the knife was
used without the intent to kil4 you can
give the prisoner the benefit of that find
ing and acouft him of the higher de.
gree"
PLEAS SUMMED UP.
FINALLY argument was made by ex-
Judge Garretson, who laid stress on the
great necessity there had been for judges
Lppincott to have stated the points of
the law with the utmost accuracy He
rehearsed briefly the main facts of the
case, to impress upon the Chancellor
the circumstances attending 1t, and
urged that under those circumstances
the law should have been so stated, that
there could not have been the slightest
question concerning it's application.
Mr.. Garretson said that in the charge
to the jury Judge Lippincott had not
exercised that accuracy of statement
which the exigencies of the case demand-
ed, and the counsellor therefore urged
the Chancellor to give Sheehan the bene-
fit of the doubt which the laxity of the
presiding judges charge must have
aroused.
.ACCUsED'S TESTIMONY.
Counsellor James Benny contended for
the defense that there was error in the
charge of Judge Lippinoott to the jury
on the testimony of the accused in his
own behalf, in which the defendant
swore 1t was not his intention to kill
CARDS, nor to take his life, and that tbs
defendant was entitled to have his evi-
denee considered by the jury. Justice
lippincott said:-"But under the law he
preserve himself from the demands or
the law" Mr.. Benny quoted the stat
ute of the State which deelares:-'Upon
the trial of any. Indictment. allegation
with crime, the person indicted or ac-l
cused should be admitted to testify as
witness upon such trial. if he ShalE
offer himself as witness therein in his
own behalf"
Mr.. Benny concluded:-'It seems to US
that the fair inference to be drawn from
the Justices charge is that the testimo-
ny of the accused is incredible because
deavor is to preserve himself. i. e., to
save himself, to escape from the de-
manas of the law. that he should bs
punished for his wrong doing"
The point raised was one of the prin.
cipal reasons why the writ was granted.
Chancellor McGill said that that point
had not been settled In THIS state.
Sheehan, who has thus been respited
for a few months, is the first Irishman
in this county to be convicted of mur-
der in the first degree.
Patrick Sheehan refused positively to-
tative caledZ on him to learn what he
had to say about the granting of the
writ. Deputy Warden Birmingham told
Sheehan that the reporter wanted to talk
about the good news" but that had no