The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1896-07-16

watch was relieved from duty and things
at the Jail have resumed their nomal con-
dition.
The death watch was not taken off un-
til seven o'clock this morning. The men
talked nearly all the night regarding their
good luck, or as GEM was inclined to
call it, his hard luck, and it was nearly
morn before they went to bed.
Sheriff Toffey gave out the following
statement last night regarding his ac-
tons in not executing the condemned
prisoners
The eighty-third section Of the Criminal
Procedure Act. Revision page 2Ss, pro-
vides:-
.sSs. Writs of errcr in all criminal cases
not punishable with death shall be com
sldered as writs of right and issue Of
course; and in criminal cases punishable
sidered as writs of grace, and shall not is
sue but by order of the Chancellor for the
time being. made upon motion of petit
ton, notice whereof shall always be given
to the Attorney-General or the Prosecu-
tor for the State"
This law was originally adopted in 1875
and was in operation for a period OF
eighty-three years and until 1873, when an
act was passed by the Legislature in the
last named year amending the above sec
ton 50 as to read as follows
"Writs of error in all criminal cases
shall be considered as writs of right and
Issue of course; but in criminal cases
punishable with death, writs of error snail
be issued out of and returnable 10 the
court VI ETIOfS anu Appeals dlO&E, dIu
Shah be heard and determined at the term
of said court next after the judgment of
the court below. unless for g2bd reasons
the Court of Errors and Appeals shall
continue the cause to apS subsequent
term"
By the law as it was. prior to the last
stated amendment. wis of error In GRIM
inal cases punishabA with death were
the order of the chancellor. The law Of
1878, it is claime& made writs of error in
all criminal CASES a writ of right: and did
a avail 'sIiow wl5n VI g aams og the h g ord sealm IF tie 'os
In 1881 flaw was passed by the Legis-
lature pkoviding as follows
Thai in case a writ of error shall be
brought to remove any judgment rem
derea in any criminal action or proceed
ing in any court of this State. and such
Writ of error shall be presented to such
fourt, the said writ Of error shall have
ytbe effect Of staying all proceedings upon
the said judgment and upon the sentence
which the Court or sny Judge thereof
may have pronounced against the person
or persons obtaining and prosecuting the
said writ of error, pending and during
the prosecution of such writ Of error,
The first of these two laws, that OF 1873
| above mentioned, make a writ OF error
in all criminal cases now a writ of right,
and under the law of 1881 last above mem
Fioned it is claimed that a writ of error
stays all proceedings. THIS Is the condl-
fAO4l III kAAC law LOoa - 49,
| and there is no decision of the courts
which contradicts the law of 1878 that a
writ of error in a capital case Is not a
writ of right.
In the cases of Mackin and GEM the
counsel have taken out writs of error in
| each case, and | am advised that these
writs under the law operate as a stay OF
the execution. 1t is a matter of grave
| doubt, and were / to hang the two men
| and the writs of error which they have
taken are held by the court to have been
writs of right, a grave mistake would
| have been made and no redress could
| ever be made or the rights of the men
| preserved in case they had been hung
prior to the Court hearing their cases.
Court of Errors and Appeals. Kohl y;
Sheriff Lehlbach of Essex county, and
which was carefully argued last month
whether a writ of error is a writ Of
| right. If the court shall hold that a writ
Of error is a writ Of Ign then bs nr by nangr
them from ever enjoying whas the law
may hereafter give them. This case
will in all likelihood be shortly deter
! peals, and the law will be settled as to
whether a writ of error IS a writ OF right
grace only on the order of the Chancel-
Tor. As it is at present the law OF 1878
remains, and this declares that a writ Of
error is a writ of right. Proper writs OF
error have been presented to the Court Of
Oyer and Terminer of this county, and 70
me, and under the advice svdice whicn AYE I'VE
men but to await the determination of the
proceedings on their writ Of error. The
matter is in the courts and 1t is for the
/ judges to determine. and a grave re-
sponslbility being put upon me and no
power on earth being able to remedy the
and the writs in their cases We're held to
be writs Of right, / nave concluded IN
view of all the circumstances to act as
The law as it is today leaves che execu-
ton of criminals III a most uncertain
state II casts upon I, os the Sheriff h = who
out tae Judgment and sentence Of the
court, tie duty Of determining as 70
TRsths ar = writ writ Of Of s srssr Is The Z w aesjs,o Of
of the Court of Errors and Appeals in the
case above mention being that of Kohl Y.
tie Whole matter within 4 short Sime.
Some legislation ought to be passed at
once or steps taken to bring about an
Appeals which win settle the law in Grim,
inal cases Of this nature Il does not
to wait untii the day before the execution
of a criminal, and then by suing out a
writ of error and claiming 1t is q writ
Of right BE- enabled thereby to delay the
hearing in the matter. There ought. at
east to be seine provision Of IN, lay
promptly made and the case quickly letter
mined, and in a case of life and death
such as the cases now An question: there
on the subject. In reaching the consii-
sion above canned J. have been advised by
IS ri 81, and that that a most sris35us 's error
would he committed and the 1dministra-
ton Of justice in this State he subject
and then the decision of the Court of Err
r9rs and Appeals is shortly announced
ding that The wri:s Of erIgf hey haye
/ tatce ispder the law has beer mBde. It