The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1895-04-16
EA
LAMBERT MUST HANG
The United States Supreme
Court Will Not In
terfere.
APPEAL FOR DR.. BUCHANAN
The Habeas Corpus Appeal of the
Camden Murderer Dismissed
for Want Of Jurisdiction.
APPEAL FOR DR.. BUCHANAN

WASHINGTON, April 16, 1S95.-Theo-
dore Lambert. the Camden County IN. J.)
murderer. in whose behalf his attorney,
John l.. Semple, made such an unusual
light last winter. must hang. the SUI
preme Court of the United States (hav-
ing dismissed his appeal from the judg-
nent of Judge Dallas refusing to issue a
writ of habeas corpus for want of jur.s-
d-ction. The opinion was delivered by
Chief Justice Fuller, who stated that
there was nothing in the proceedings of
the State courts that warranted inter
ference by the Federal courts; besides
which, the appeal In such cases must
comet from court in open session, and not
from a Judge sitting in chambers.
MIR. Semple was present and heard the
Judgment of the Court pronounced. He
sad the case would be remanded to the
trial court, and the defendant resen-
fenced. That was the usual practice,
and would be, followed in this case, he
supposed.
OPINION IN THE LAMBERT CASE.
The opinion in the Lambert case was
as follows:-Theodore Lambert presented
to one of the Judges of the Circuit Court
for the third circuit at chambers, De-
cember %, 1894, his petition for ha-
beas corpus, which alleged mat he was
restrained of his liberty by The Sheriff of
granted by the Governor Of that State.
alleged that he was convicted June Is.
n said court. and on oetober IS was
isnlsa and { that Ds on aans Sovsm nsesn'D1 e
sellor of the State to remove the case, to
he Supreme Court of New Jersey, which
vas denied; that December 4 applica-
lion was made to the Governor for a re-
Jon suspended until January 8. Petit
ion further showed that on December
o the Sheriff of Camden County for
he Sd of January next, and charged that
lis Imprisonment was Illegal, in that the
aW of the State to grant the reprieve
Ind that the day and time having pass
ID for the execution of the sentence of
he Court IL is supposed to have been
nent and execution is nil, illegal and
sannot now be lawfully carried into eff
With the disposition of State questions
BY the appropriate State authorities, it
IS not the province of this court to m
erfere, and there is no basis for the sug-
ion of the United States, the denial of
fue process of law, or deprivation of any
'isnt, privilege or immunity, secured to
IL ny III SOlIoS-IoSioh W A&"S tAAC
United States
Moreover, the order from which the
appeal was taken was not a final decision
IF the Circuit Court of the United States,
out was an order of the Circuit Judge at
Chambers, and an appeal from such
IN order win not lie. Appeal dilm.ssed.
BUCHANAN'S FIGHT FOR LIFE.
j. J. Noah, yesterday, pursuant to the
suggestion of Mr.. Justice Brown, present.
I'D to the Supreme Court of the United
States the application of counsel for DR..
Robert w. Buchanan for q writ Of error
and supersedeas to the Court of Appeals
Of the State of New York, in the case
wherein the petitioner IS under sentence
= death in the week beginning next
Monday. Judge Noah observed that the
defendant was without friends or money;
hat counsel appeared in the case with
out fee or hope of reward, serving only
inder their obligation as attorneys of the
State of New York. He had been led TO
believe from the remarks of Justice.
Brown that the o would take the case
without other print OF the record than
that made for the presentation of the
case to the Court of Appeals, but with
printed brief upon the petition, upon the
principle aid down by Justice Harlan in
the Spies case.
was unique; but that the Cot would
take the papers and look at thtal.