The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1895-05-14
Will NOT INTERFERE.
Supreme Court Refused the
Stay for Murderer Kohl
Appeal to Federal Court.
special to the jersey Citp Ne,rs.

TRENTON, May IA, 1~S95.-Counsellor
Frank McDermitt filed a petition in the
Federal Court this morning asking lot
the release of Henry Kohl, the Newark
murderer who is to be hanged on Thurs
day. The prayer is made on the ground
h Kohl has not received justice in the
State courts. Judge Green refused to hear
argument until tomorrow.
Judge Henry, of counsel for Kohl, then
went to Philadelphia to make an effort
before Judge Dallas in the same direc-
tion. Should the application there be de-
MED, an appeal will be taken to the
United States Supreme Court. The Pc
tition is for the purpose of securing delay
and it's denial is expected by counsel.
The Supreme Court yesterday refused
to interfere in the Kohl murder case.
A ummary of the various steps taken
by Kohls council. Frank H. McDermitts
and ex-Judge Henry. in his behalf, may
be interesting.
1t appears that after the conviction
and sentence of Kohl for the murder or
his cousin, his council applied to the
Chancellor for a writ of error under the
act of 1878. which provides that "Wrlts
of error in criminal cases shall be con-
sidered as writs of right and issue OF
course, but in criminal cases punishable
with death writs of error shall be IS
sued out of and r~eturnable to the Court
of Errors and Appeals alone" The Court
of Errors. however. having held that
such writs will not go directly from the
Court of Errors to Oyer and Terminer,
the Chancellor, in a lengthy opinion, re-
fused to allow the writ. Council then
took an appeal to the Court of Errors
- 49, 49,. a. Glo~an1larsC or
der refusing the writ, which matter is
still pending. Kohl's council subsequent
ly. by virtue of the act of 1881, caused to
be issued a writ of error, duly tested, out
of the Supreme Court, directed to the
Oyer and Terminer of Essex county,
and presented the same to Justice De-
pue, who presided over that circuit.
The Justice refused to revive the writ
or endorse any allocatur thereon, treat
ing the same as a nullity. Council there
upon left the same with the clerk OF the
APP1ICATioN TO SUPREME COURT.
On notice to the Attorney General and
the Prosecutor of the Pleas of, Essex
county. made application to the supreme
made before Justices vansyckle, Magic
and Garrison. Mr.. McDermltt contended
that he was entitled to the order under
the act of 1881, which provides that writs
of error which shall be brought to re-
move any Judgment rendered in any
criminal action or proceeding in any
court of this State, upon ~presentment
of such writ of error Ito such court), the
said writ of error shall have the effect
of staying the proceedings upon sald
Judgment and upon the sentence which
the court or any judge may have pro
nounced against the criminal defendant.
Cnder this act, Mr.. McDermott claimed,
it was the duty of the Supreme Court to
delay the execution until the return, ar
gument and decision on the writ, which
could not be before the June term. Mr..
McDermitt also claimed that writs OF err
ror having been writs of right by the
act of 1881, the Chancellor had no jurls-
diction to pass upon the question.
Elvin w. Crane, Prosecutor of Essex
county, representing the State, commended
that the act of 1878 was unconstitutional
under the decision of the Court of En-
rors in the case of Entries ". State, and
that the Chancellor still had the power
of granting writs of errors as WritS OF
grace under the act of 1878, and that the
act of 1871 only applied to such Writs OF
error as had the Chancellor's allocatur
endorsed thereon.
STAY DENIED.
The Court. at three o'clock,
it's conclusion, denying the application.
Unless counsel claims a stay from the
Federal Court, which, it is understood.
will be the next move Kohl will be ex-
ecuted under the Governors warrant ON
Thursday morning.
Kohn has been twice reprieved by Gov
ornor WertS