The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1897-11-30
.CLIFFORD'S VAIN Hope
Ex-Judge Hoffman, Thinks the
Jury Was Unfairly Drawn
Though Fair.

Although the Court of Errors and APP
peals has affirmed the sentence of death
on Detective ED" Clifford, another point
of law that may stay the execution Oh
the sentence or even ultimately save Cliff
ford from the scaffold, has been evolved
by ex-Judge William Il. Hoffman, the
condemned mans counsel. The point has
inspired Clifford's friends with renewed
confidence. Judge Hoffman, is reluctant,
1t Is said, to appeal to the Federal courts,
because of the opprobriums attaching to
the Halinger case. He is also concerned
as to the probable effect if he should
later have to appeal to the Board of Par
dons. Notwithstanding these reasons for
hesitation, the Judge may make use OF
his new idea.
In the defense, during Clifford's trial. it
will be recalled, the Judge formulated a
series of questions to be propounded to
the talesmen by which he expected to
elicit facts upon which to base action in
challenging. These questions were to de-
termine. who the jurors-to-be We're, their
personal inclinations and possible bias.
"Of what use is the right of peremp-
tory challenge" was the conclusion of
counsel, if we have to judge talesman
by his facial expression?"
The idea of the question was to bring
out ii the talesmen were friends of the
murdered man or connected with the
prosecution, directly or indirectly, in any
prejudice The Court however, over
ruled them as irrelevant, and, upon ar
gument, held they We're not competent.
Upon this Judge Hoffman assigned an
error, when he made his appeal to the
Supreme Court. He fought hard and val
iantly to have his questions sustained,
the the Jury was prejudiced, Is that clif-
ford's rights had been curtaied. The SUI
preme Court, however, held the questions
incompetent, and the Court OF Appeals
affirmed this decision.
Counsel row held that this is contrary
to the practice in. the F'elera' Courts, and
fense to catecnise talcsrnen IN she lines
indicated, Clifford was deprived of his con-
stitutional rights The phrase that NO
man shall be deprived Of life :, :i :r liberty
upon the question, what is due process of
law? the whole question of Clifford's fate
hangs.
In the famous Brockway case, it is
cited, Judge Green, who was. sitting as
a U. S. Circuit Court Justice, allowed
Colonel Rox of New York, who was as
PROFOUND such questions to the talesmen
counsel AS a matter of fact Judge Hoff-
with those put to the jurors in the Brock
way case. and which, as stated, were al
lowed the prosecution as matter aof
Fight. JuQS6 f1GlHlcifls anu JaQBe 0ullu,
of New York, were counsel for Brock
way. Judge Green stated to them that
he allowed the questions to be put because
he had examined a brief on that very
point and had found the queries were al
lowed as a matter of rule, in the U. S.
courts.
Clifford was very much depressed yes
terday afternoon when the news that the
Court of Errors and Appeals had affirmed
his conviction was broken to him. The
decision of the Court was known around
the Court House early in the afternoon,
but nobody cared to convey the news to
the condemned man. At length Martin
F'ilon, Clifford's most devoted friend, con-
'senred 10 take the news to him. Filon
himself felt as badly over the decision rs
Clifford
The prisoner cried for a few moments
and then said that he felt all along that
the decision would be against him. He
has not abandoned hope, however, but be-
lieves that there is a chance that the
Court of Pardons may commute his sem
tence to imprisonment for life. Some of
the jurors who convicted him will go
before the Court and intercede for him.
They understood from some source, or
dation to mercy which accompanied the
verdict, would have the effect of giving
Clifford life sentence. Clifford's friends
will start a petition for communication
of his sentence, and they expect to secure
at least 10000 signatures. 1t is not prob
able that Clifford will be resentenced I'M
til the December term. The remittitur
will not arrive much before ten days,
and besides Justice Lippincott will not
hold court until the opening of the De-
cember term except to hear motions.