The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1900-05-08
.CL|FFORD'S LAST NIGHT.
Efforts Made Yesterday to
Again Postpone the
Execution.

one more unsuccessful effort was made
yesterday to save Clifford's life or at least
delay his execution. It was made by
Counsellors William NJ. Klink and James
]. F'urey. and they returned to the County
Jail shortly before one o'clock this morn
ing to report their failure
Messrs. Klink and F'urey went to Eliza
beth and had a long consultation with
Chancellor Magic and Governor voorhees,
They first applied to the Chancellor for a
writ of error, contending that justice
Iippincott had erred in the manner IN
which he had conducted the insanity pro-
ceedipgs.
The application was based on the com
mon law Prior to 1880 when suggestion
of insanity was made in capital cases a
Jury was empanelled to determine the
question. This practice was continued
until the second year of the regn OF
George III. when a statute was passed
providing that when insanity was alleged
after conviction three physicians should
be appointed to report on the defendants
mental condition. The Court itself, how
ever. had the inherent power to determine
that the defendant was insane and that
determination was final. After 1850 it was
optional with the Court to appoint the
three physicians.
The contention of the lawyers yesterday
was that the Court of Oyer and Terminer
has no jurisdiction. 1t is only statutory
court and there is no statute giving it jur-
isdiction such as was assumed in this
case. Being without common law or
statutory jurisdiction it was not author-
lied to inquire into Clifford's mental con-
dition. Mr.. Klink submitted these views
to the Chancellor who listened patiently
to all he had to say. Justice Lipplncott s
on;nion was submitted and Mr.. Klink
nointed out that the Courts jurisdiction
was questioned by high legal authority.
Justice Lippincott merely thought that
the Court had right to assume Jurisdlc-
tion. Chancellor Magic refused to grant
the writ and refused to endorse ms re-
fusal on the application. If he had con-
sented to endorse his refusal an appeal
could have been taken and that would
have acted as stay of execution.
The lawyers then went to Governor
Voorhees, and requested him to grant a
reprieve The Governor was very certain
that under the law he had no right to
grant a reprieve at this stage of the pro-
ceedings, but to reinforce his opinion he
called up Attorney General Grey on the
telephone. The Attorney General con-
frmed the Governor in his opinion. He
assured the Governor that granting re-
prieve would be violation of his con-
stitutiona1 oath of office. The Governor
cannot grant a reprieve after the ex-
piration of ninety days. Seeing that there
was no possible chance of saving Clifford
| the LAWYERS returned to this city and noti-
fed warden Sullivan that their efforts had
| baen fruitless Clifford was not informed
| of this final effort.
| There was not very large crowd
around the jail this morning. The Curl
osity seekers who did assemble were kept
| Of respectable distance by the police.
cantain McKaig of the Oakland avenue
station had charge of the police arrange
ments. HI. had the off platoons from the
| dfferent stations and a sergeant and
| ro,,ndsman from each precinct, about fifty
men in all. Captain McKaig took enough
20 tbeu ia form a Gordon around the
block and in the front and rear OF the
| ;ai1 and left the others in the station.
| There was no excitement whatever. "A
sna i, crowd stood on the opposite side of
the street and looked at the grey walls
and barred windows of the jail, but that
was all they could see. Nobody appeared
al the window of Cliffords cell, which
was Immediately over the entrance.
clifford gave UP all hope yesterday
afternoon, if he still retained any While
Eangman Van Hise and his two sons
were erecting the gallows, the door OF the
condemned cell was kept closed SO as TO
keep out the noise of the fammering.
clif1ord'e brother, Thomas, called on