The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1898-02-09
NO BBLf FOR CLIFFORD
Judge Lippineott Refuses to
Grant Senator Days
Latest Demand.

Justice Lippincott this morning denied
the application made last Monday by SEN
ator William D. DAILY and Allan L./Mc-
Dermott to amend the record in the case
of Edward Clifford, convicted of the muir
der of William'G G. Watson and sentenced
TO be hanged on February 16. In giving
his opinion Justice Lippincott SAID III
part
This Court has already proceeded ac-
cording to the remittitur and discharged
its whole duty to this record. Tne cause
was taken by writ of error to the supreme
Court and affirmed. By writ OF error II
was carried to the Court of Errors and APP
peals. where the Judgment of the Supreme
Court was affirmed. The record then was
dulv RENTED to this Court with direction
to nroeeed according to the due course OF
law. The effect of this remittltur IS tnat
the record the whole record, upon Wnlch
the conviction of the prisoner was Iouilu-
ed. was in all respects a correct ana lrue
record and was, as a whole, affirmed.
s.Under this affirmance the record Is not
in any need of betterment. rms Court
ord which the Court of Errors and APP
neals has determined to be a true anu re-
gal record. Not only was this cause heafd
and reviewed in the Court OF Era ase mn, n,u
Appeals upon the record, but also upon
the affections and exceptions taken upon
the proceedings and trials in this Court
but also upon the merits o. th eo tSse ss un 70
law and fact, upon the whole case ceril-
fled by this Court at the request OF tHe
prisoner and the cohVlctloh upnelo III
every respect.
The Court is of opinion, under these en-
cumstances. there exists no power to eS-
ercise its discretion to amend | any
date Of some appellate jurisdiction the
exercise of such power by this Court
would be absolutely unwarrantaple:
"Again. it is commended that TINS cause
was fried by what is known as a struck
Jury. and that the proceedings by Whlch
such jury was empanelled shoulu pc coI-
founded upon a confusion of the record
with the proceedings OF the trlaI WhiSn
commences with the presentation OF me
Indictment. The proceedings by when me
iury is selected is no part OF the RECORD.
1They are part of the proceedings, OF the
trial, the same as CHALLENGES TO me array
of Jurors, challenges to the individual Jur-
or or objections and exceptions to the eVl-
dence. There is no difference between d
Jury selected in the first instance by the
Sheriff from his book of jurors and one Sc
iected by the. Court from the same DOCK
The proceedings are slightly
that is all. This dissimilarity nowhere
can appear in the record. IL the jury We
;, struck or special one, so called, he can
object to the order of the Court directing
the selection of such a jury, take nls eA-
ception and assign his error. Ihls ne
cause it was entirely satisfactory to him
and as it now appears is nowise pre-
judicial to him. -
After declaring that it is now no longer
necessary to use the formula OF asking
the prisoner if he has anything TO say
why the sentence of death snouIo iot
be passed upon him Justice L~ippincott
said:-The conclusion is upon the merits
of this matter that the record is a record
according to the truth of the case ana
that If should not be amended in any par
ticular.
Ciifford's counsel have already applied
to Governor Voorhees, for a respite OF
thirty laws and the Governors answer IS
expected some time today. An appilca-
ton will be made to the Court of Errors
to amend the record and then an applca-
ton for a writ of error Will pc mace 10
the United States Supreme Court.