The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1900-05-01
ARODFOR PESHALL
Prosecutor Erwin Condemns
His Action in the Cliff
ford Case.
SUBJECT TO JUDICIAL DISCIPLINE
Appeals Taken for Delay
Only Are an Evil Which
Should Be Corrected.
SUBJECT TO JUDICIAL DISCIPLINE

Edward Clifford, the murderer of Viii
liam E. Watson, the West Shore Railroad
superintendent, has but one week more TO
live if the sentence passed upon him Dy
the Oyer and Terminer Court this morn
ing is carried out at the appointed time
The Court fixed Tuesday, May s. 1900, be-
tween the hours of ten A. NJ. and three
P M, as the time for carrying out the
sentence of death previously passed upon
the defendant, but delayed through the
efforts of the different counsel engaged in
the case.
Clifford was brought over from the jail
by order of Prosecutor Erwin a few min
utes after ten o'clock. He was escorted
by Sheriff Ruempler and Under Sherin
Heavey. The prisoner walked up the aisle
with the same shuffling gait which has
characterized his appearance in court
during the past two years. His head was
thrown back and . his eyes wandered
about from side to side of the court room
without being fixed on any particular
object
Sheriff Ruempler escorted him to his
customary end seat inside the railing
Justice Lippincott and Judge Blair took
their seats on the bench and Judge Nevius
joined them. Justice Lippincott remarked
that the Oyer and Terminer Court was
row open if there was any business to be
transacted. Prosecutor Erwin said he de-
sired to have the case of Edward Clifford
disposed of.
For the third time said Mr.. Erwin,
s'the U. S. Supreme Court has decided ad-
versely to the defendant Clifford, the ap-
peal taken by him from the order of the
U. S. Circuit Court denying a writ OF
habeas corpus The mandate of the U.
S. Supreme Court has been received and
filed in the U. S. Circuit Court. The
necessary rules entered in that court, and
I have a copy of the mandate and rule
duly certified from the U. S. Circuit Court
ordering the cause to proceed according to
law ard now ask leave to file these pa
pers.
ut remains only for the Court to fix
time for the designation of another day
for the carrying out of the previous SEN
tence against the defendant, the same re-
naming unexecuted or to designate such
time for the execution now.
There has been so much delay in this
cause owing to the persistant and dilatory
proceedings of counsel that the State feels
it proper under the circumstances to ask
that an early day be named for the ex-
ecution of the previous sentence. Coun-
sci in this case in the last appeal knew
there was no hope of relief and the only
object was relay.
There has beein in this case grave
affront to the administration of justice,
by the repeated use of the federal law to
delay the enforcement of the State laws
and counsel will, and probably have
merited the use by thi court of its powers
to punish for contempt, or such other
measures as may seem proper, if further
proceedings for delay are resorted to.
Counsel who take legal proceedings for
delay only and then abandon same are
subject to judicial discipline.
'sThe State may make an application
to the court looking to the correction of
tii sevil. To wait as was done in the
last appeal to the Us. S. Supreme Court
until the night before the day appointed
for the execution ard then place all in
doutb and confusion as to the proceedings.
is in itself contemptous use of the
federal law by counsel to eyade the effect
of the Statelaws.'
Justice Lippincott said that the Court
would give grace consideration to what
the Prosecutor had said. 1t was the duty
of counsel, in case where human life
was at stake, to make every judicial and
proper effort to save life. It was also the
duty of the Court to see that the process
of criminal law and criminal justice shall
not fail. The Court had but one duty to
perform, to see that its mandates were
carried into effect. Justice Lippincott
then ordered Clifford to the bar and fixed
the date for execution.
Lawyer Charles J. Peshall, Clifford's
latest counsel, was sitting beside Prosecu-
tor Erwin, but made no effort to address
the Court. After Justice Lippincott had
ordered Clifford to be remanded Mr.. Pesn-
all remarked in a low tone:
81 will take it up on an appeal"
Clifford was taken back to the Jail and
shortly afterward was removed from the
lower corridor Of the condemned cell up
stairs. The death watch was placed upon
him.
This is the seventh time date has
been fixed for Clifford's execution. The
murder was committed on March 5, 1896,
and Clifford was convicted on June IL of
the same year. Since then he has been
sentenced in the Oyer and Terminer Court
five times, and two other dates were
fixed, one by Acting Governor Watkins
and the other by Governor voorhees,,
each of whom granted reprieve.
Lawyer Peshall was going around town
today showing a copy of decision made
by Judge Lacombe, saying that there was
practically no limit to appeals: they
could be taken whether the second or the
twenty-second time. Mr.. Peshall an
nounced that he would appeal to the
United States Court.
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