The morning times., 1896-12-08
now FACES THE GALlOWs
Murderer Allen Made Three Su.
preme Court Appeals.
LOST ON THE LAST ONE
Final Decision in Hard Fought
Case from Judge Parker's Arkan-
sas Court-Other Important de-
cisions Handed Down by the Su-
preme Court Yesterday

Alexander Aliens third appeal to the
Supreme Court of the United States for
rc..,l nom uue sentence uI JuGge farker
of the Federal court for the Western dis
trict Of Arkansas that he be hanged for
the murder OF white man in tie Indian
Territory, was unavailing, as was that OF
JOHN Brown, who, with Allen, enjoyed
the peculiar distinction of being the only
men VINO ever came three times 10 tie So
premc Court of the United States ineffortsto
save their lives.
iic was tned and convicted in 1898,
again in 1894, ana finally III 1895, each
time being sentenced TO death. Twice
th,. supreme court CT thc united States
reversed Judge Parker for error In his
cnarl.e 10 Tic Jurs. ana Ii.iS tifiic -iiith =
counsel reserved eighteen exceptions TO
the charge.
But, according to the opinion announced
Yesterday by Mr. Justice Brown, the Su-
preme Court concluded not To disturb the
last sentence, AMI affirmed the judgment
Allen must now hang. unless tile ffcsl-
dent of the United States intervenes to
save his neck
WRITS OF MANDAMUS.
writs OF mandamus and orders 10 show
cause directed To the Judges OF subordinate
courts are becoming fayo.ic methods or
reaching results by attorneys praciIcing
before the Supreme Court OF the United
States.
three such matters were recorded yes
terday one being granted. That was IN
favor Of John Chitwood, jr., "A rule being
granted upon his petition, returnable the
first Monday in January, requiring Judge
Morrow of the Federal court for the North
ern district of California, to show cause
why he should vacate the order issued by
him requiring Chitwood and his attorney
TO dismiss writ Of error, issued by Justice
Field to the supreme court OF CalTorila,
in the matter OF the litigation over certain
funds belonging TO the National Bank OF
California i'll which Chitw ood was a stock
holder, under penalty Of imprisonment for
contempt Of court
TO DISMISS SUIT.
Leave was asked by ". II. Kenyon TO
file a petition for writ of mandanus on
behalf of the Atlantic Railroad Company,
directed to the judges Of the Federal
court for the Eastern district OF FennSyi-
vania, ordering them TO dismiss SUIT
against petitioner brought by the Union
Switch and Signal Company and for other
relief.
similar request was made on behalf or
Charles f Jones who wants a writ Of
ma ndamu Us issued to the Judges OF the court
OF appeals for the first circuit, ordering
them to allow the appeal TO the supreme
Court of the United States claimed by pc
tition from the decree OF the court OF ap-
peals in the case Of Jones against the
Merchants National Bank of Boston.
The long existing controversy between
the New York Indians and the Unit cd
States. growing out of the provisions If
th-. Buffalo Creek Treaty OF 1898, W rs sub
ject of argument before the supreme Court
of the United States yesterday. 1t came
on appeal from the Judgment of the court
of claims in favor of the United states
in the SUIT brought 10y the Indians before
that tribunal under authority of Congress
enacted in 1881 Mr.. Joseph Choate, Of
New York. and Mr.. II. E. Davis, of Wash
ington, appeared for the Indians, dnd AR.
c C. Rney. for the United States.