The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1899-05-19
ITO HANG june II
Justice Lippincott Decides
Murderer Clifford
is Sane.
MUST PAY THE PENALTY
Prisoners Lawyers Apply
to Supreme Corrt For
Writ of Certiorari.

this morning when Edward Clifford was
brought over from the County Jail to
hear the Courts determination of his
present mental condition. Under Sheriff
Heavey escorted him into the court room.
The prisoner looked about the same as
he did at the last hearing in the in
sanity proceedings. RE walked with a
shuffling gait, his eyes wandered aim
lessly about and he seemed to pe un-
conscious of the proceedings or indiffer-
ent about them.
Justice Lippincott read the decision OF
the Court, which is appended in full-
After Justice Lippincott had finished
reading it and had announced the con-
clusion of the Court that Clifford Is sane
at the present and that ne fully realizes
his position and must suffer the penalty
for his crime, Clifford was ordered to
stand. up.
Lawyer Warren Dixon made a motion
for postponement of the sentence until
next Friday. He said he desired to make
an application for a writ of certiorari to
have the insanity proceedings and the
Courts conclusion sent to the Supreme
Court for review. He said that the ques-
ton of whether or not the defendant Is
entitled to have the question of his men-
tai condition determined upon by jury
should be passed upon by the upper
courts.
Justice Lippineott consulted with Judge
Blair and then said that every opportun-
ity in the power of the court would be
given to defendants counsel as they
deemed necessary in the interest of their
client An application could be made at
any time for a writ of certiorari but the
court had concluded that there was no
necessity for postponing the fixing OF a
date for the execution.
Mr. Dixon asked that it be made as
late date as possible SO that counsel
could prepare the papers necessary in the
proposed application for the certiorari.
Justice Lippincott said that counsel
would be given ample time and then SEN
fenced Clifford to be hanged on Tuesday,
June 27, between the hours OF 10 A. NJ.
and P. NJ.
The prisoner, who gave no outward in
dication that he had any realization OF
the proceedings, was taken back to the
Jail. The following is the text of the
decision:-
on indictment. Conviction, etc., for
murder
inquiry into the sanity of the prisoner Ed
ward Clifford has been continued, and the
prisoner now being in court and counsel
being present, the Court Will announce
its determination.
When he was placed at the bar OF the
court, in order to have day liked Tor the
execution of the judgment thereto1ore
pronounced and entered against him, and
when he was asked if he had angnt 10
say why day should not be fixed for
the execution of the judgment, his coun-
sci in his behalf interposed the plea or
reason for not fixing day, and as rea-
son for the non-execution OF the ludg-
ment, that he was now insane, ana IoI
that reason was not able to say anytnlng z
and that for that reason no day should
be fixed for execution.
The Court had intended simply to an
nounce the conclusion h IN nne maze oas a
appropr ate to decide the matter with
some more or less general observations
upon the subject
the question of his sanity IS quite vol
luminous, and the Court has given 1t grave
eonsdesation TIE old oouft ba mas oersd and
the latitude of examination has been az
liberal as could be afforded. The Court
attempted ate to limit it. The prisoner. was
before the Court at every one oI tne
examinations, in the presence OF tne
Court, and under the inspection OF the
When the question of his. sanity was
first presented upon the petition and briel
x-parte affidavits, the Court concluded
that the matter was not OF the enaractel
to require jury. and announced Ias rs c6n, e6n,
the inquiry. whatever it might be, or te
whatever extent 1t might go, would DC
heard and determined BY the C9urti, l. s
entirely within the discretion OF the CouIl
in the administrator of justice, as wei
ourf s the in fanor of the DEF DEFENDANT
or convicted of crime and who falls into
insanity after Indictment or conviction
In this case the Court concluded, not
withstanding some doubts expressed by
i high Judicial authority as to the 1uris.
diction of the Court, to take cogniEanct
under the constitution and lst 1aws Of ri: ri:
Court has jurisdiction in the matter ma;
? not been considered. The Court con
cluded to assume it.. taking the law as
argument OF counsel for the prisoner as
correct and applicable.
The Court has had no reason presented
to it why at any stage OF the inquiry aa
Its determination as to the necessity o.
propriety OF jury to determine tne
question presented.
The examination has been as full, ex
haustive and complete, as able and dis
tingushed counsel of the prisoner coule
make it. and as the subject was capa
Bile Of No more could pc done, Ior I'm .ners 7.
was nothing more to do than was oche p9
The State has not pressed unduly
against the, position taken in behalf O
the prisonei.. 1t only presented that evi
dence, and those considerations, Whici
have arisen naturally in the matter, ant
which should be put in the possession o.
the Court.
The Court perceives no dispute as to th'
legal principles involved or applicable
They are substantially as contended fol
by counsel for the prisoner IN the ex
haustive brief presented to the Court, ane an
to which reference can be mace Win lh'
greatest confidence. ,,o,
The questions arising are fully discussed
and the law established in the case o.
Mobiles VS.. Georgia, 1853. U. S. Supreme
Court a6S
Under these principles the Court hert
proceeds to determine the question wnetnel
the prisoner is presently insane, o.
whether he now realizes and appreciates
his situation, his surroundings, the pro
ceedings which are now being taken II
his behalf, and the consequences tnereo1
to follow. In other words, is ne IN ina
situation, by reason OF mental dlsease
that he krOweth not when called upor
TO saw augat in his defense to the judg'
ment of death, if reason exists why
he should hot be executed: ne could no
or would not present it, either IN his owr
person or through counsel. The ques
fion IS whether he Is incapable OF com
nrehending the position In whicn ne i
placed. and the consequences NJ mnicp . $
to result to fhm from TINS 8 iHquaa III ,, ~, !, :
,sta- ~ ~ fTis ind1liry and the question
Sbier, e I1,esented to the Court to de-
!" "titSs - = u -, xr,r5c are needed to de-