The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1899-04-22
CLIFFORD'S CASE
Stockton Argues For a De-
lay in the Execution Of
the Sentence.
DECISION GIVEN MAY IL
Prosecutor Erwin Says the
Murderer is Shamming
Insanity.

John P Stockton, the venerable ex-Ats
torney General, appeared In the oyer
and Terminer Court, yesterday after-
noon,, to argue the case of Murderer Ed
ward Clifford, whose present mental con-
dition is being investigated by the Court
He was accompanied by his son and Laws
yer Warren Dixon, who represented the
defendant when the testimony was be-
ing taken. Justice Lippincott and Judge
Blair were on the bench and Prosecutor
James S. Erwin represented the State.
AS the State is the defendant in ths
proceedings, Mr. Erwin opened the ar
gument. Clifford occupied his usual seat
and so far as appearances went had no
conception of what was going on A
friend of his, who was wearing police
mans uniform, walked up and offered
him a cigar. Clifford took it in me-
chanical sort of way. The officer In
charge of the prisoner took the cigar out
of his hand and ordered the uniformed
man to retire. The incident was not
noticed by the Court or the lawyers
Mr.. Erwins entire argument was based
on the theory that Clifford is shamming
insanity and that he has been coached.
He reviewed the testimony OF the Wit
nesses and said it was an unmistakable
case of stimulation, falsehood and fraud
from the beginning. 1t seemed strange,
he said, that a murderer. who had been
confined in the Jail for three years with
out developing any symptoms OF insanity
until the Court of Last Resort had de-
cided against him, should suddenly De
discovered by his counsel to be insane
Mr. Erwin contended that DR.. Corning
and DR.. McGill had completely refuted
a. fbo who
had testified that Clifford was insane and
suffering from paretic dementia.
Mr. Stockton made lengthy and fore
ible address, beginning with quoting the
law governing the proceedings in the
case. He contended that there is no
precedent for the Court acting without
jury in a hearing to determine the men
tai condition of a man condemned to
death. The Courts duty. he said. was
to delay the execution and submit the
question to a jury when there was the
slightest doubt of the DEFENDANTS sanity.
He denounced the Prosecutors conten-
tion that conspiracy had been entered
into to save Clifford from the galloWs,
and quoted the testimony Of Dr. Evans
| and DR.. Prout whose ability and intes-
rity are unquestionable.
s'Tl5e Court ITSELF. = said Mr.. Stockton
s
should be counsel for the prisoner in a
case like this. If our voices had been
| silent after his little money had been
| expended in previous trials voice would
have come from the Court to save him.
| We only ask that the day for this mans
| execution may be postponed until 1t Is
| ascertained whether he is sane or In
| sane.
/ 1.-THE physicians produced by the state,
| Mr.. Stockton said had made q mere
| cursory examination of the prisoner They
| simply attempted to discover some evil
| dence of stimulation and made no effort
| to ascertain whether Clifford is a par
1 etic or not.
1.-THE evidence of insanity" continued
| Mr.. Stockton, sis so overwhelming that
the Prosecutor can only meet it by the
| suggestion of conspiracy The charge OF
! stimulation is an unworthy suspicion aris-
\ ing from the over-anxiety of the State S
representative. In no case has the testi-
mony produced remained so absolutely
/ uncontradicted. DIR. Evans has told yous
| with all solemnity and sincerity, that =
| very short time will stablish the truth
| of his testimony as to this mans mem
tai condition, and 1 ask you to grant that
| time"
Lawyer Dixon made brief address,
and Justice Lippincott announced that
the Court would give a decision on May