New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1897-06-06
HENRY KOHL TO BE RELEASED.
THREE TIMES HE WAS PREPARED Fun
THE GALLONS. BUT FINALLY
GOES FREE

Henry Kohl who was twice sentenced TO DO
hanged In the fail at Newark for the murder OF MS
cousin Joseph Prenel. will be released tomorrow.
on three occasions Kohl prepared for the gar
lows, ard each time he was respited, either W :"
reprieve by the Governor or u stay OF proceedi"sS
by the Court. Kohl has been In jail since july
1894. He was twenty-four years old wneh the NJ
legged crime committed. After he was coH-
yicted In the Essex County courts. after sensa-
t.oral trial. his taken from court 10 court
and to the United States Supreme Court without
success Finally Ii came up in the state supreme
Court and was carried appeal 10 the Court OK
Errors which recently reversed the Judgment on
the ground that the evidence admitted OF reason
able doubt of guilt.
After the action OF the Court OF Errors, and mas
much as an important witness FOR the state mas
since died there was nothing left Tor inc frosecu
tor out to abandon the case and this was rorma'iy
done before Judges Depue and Fort at newark
yesterday Soon after the court opened III 'i'e
morning the counsel Tor Kohl being present
Prosecutor Elvin Crane told the Court that ne hao
concluded, owing TO the manner IN which 'ie o"Se
was decided in the Court Of Errors, that IL "o''u
be unnecessary to ask for new triai as ,eu o1
no new evidence 10 present lie tneFeLole N1o'e"
that Kohl he discharged on his own recognizance
Judge Depue said Court would MAKE 'iie o ~
He then briefly reviewed the case AFTER Wy :. VA, "a
with the verdict of guilty by the jury appueatIoh
was made for new trial Inns, saiu e'sJ ,ha
refused by MIN, anu lie tAp
opinion at that time that the case lsu rDbt Then
erly tried. and that the conviction was ssne. IA
the Chancery Court refused VIII Vi inad tbe
Governor Wer;s. being appealed sSo,,enantIV The
case and declined interfere. odosepuginuSs I'D
counsel for Kohl went before Governor o'oso, 60
he again examined the case ana 5as nacra cold
opinion sustaining the verdict Judge Depau 49, a.
he was not willing 10 admit that these were nor
competent Judges in the language OF tHe sta.u &c
Judge Depue after this sarcastic comniitati' on
the opinion Of the Court OF Appeals h saa 5isap
prcnens!on OF the facts In the case may nave pto
duced the opinion OF the Court IN .n raj the
nritoncr was at the masons' meeting the opinion
saws ne was there at 10 O'Clock lhere isn "a a,o
In the evidence TO SHOW H. me oc,nck and that
that the prisoner went away at Coon, au bv
"a sworn 10 by witnesses who would be DeHeVeu W
any one Kohl was excused from attendhhce aia
went away before the meeting con h rou wos
called at 10 o'clock. and that Is all ..s. hou,d
III is proper" added Judge Depue tha{ caiyad
bnareo~ evidence with regard to the motive. That
suggestion rather implies that didh h, Ssro vas
hearsay evidence vas In POM III Prenei testi-
fled that Joseph ca:red money. consdereus .n';,
direct evidence and say that stu consG i,
So There asperty in the manner Oh IL, JGcSgf
Dent,e in making these replies to the opinion OF
the Court OF Errors and Appeals which was WIZ,
ten by Judge Dixon. When the question OF Nom ,,
a charge OF assault and battery on kohls we
pending against him, and he wanted to know wha az
thar hal, would have to be furnished Judge Fort
said that matter would be attended 10. hoh i
Will go to his fathers farm at remington, anu for
after n short stay start at work as mason son i0r
John Hotz a contractor, at First-ave and thirty
n was Kohl's wife who first charged him with
the murder She alleged that her husband mad
confessed 70 her that he had killed IRENE, ana
then thrown his body into Schindlers Creek on
stone around the neck of Preinel to keep his body
from coming 10 the surface.