The semi-weekly messenger., 1906-10-30

one more effort is going to be made
to save the lives OF Arthur Adams and
Robert Sawyer, the two mutineers who
will be hanged on the first of Novem-
Der unless something comes Of the ef-
fort that is to be made today. OF
course the president could change the
sentence at the last minute but it is
not believed that he will interfere. A
very interesting point has been raised
by Mr.. George L. Peschau and today
he will make a motion before the Unit
ed States supreme court asking that
the case be referred back TO the trial
judge TO pass upon whether new
trial shall be granted. The question
will be argued before the supreme
court on Monday and Mr.. Peschau
Will DE assisted by Messrs. Blair &
Thoms one of the most prominent
legal firms in Washington.
The point raised has never been
definitely passed upon by the supreme
court. It is contended that where a
case has been appealed to the su-
preme court and findings of the lower
court affirmed, and later new evidence
IS secured that may materially affect
the case, that the supreme court has
tho power to issue a mandate author
Eng the trial judge to pass upon the
question as to whether or not a new
trial should be granted. In several
decisions the supreme court has sug-
gested that the above is the proper
method OF practice. The point is
most interesting one and will be
watched with much interest by attor-
neys all over the United states.
1t will be remembered that after
Adams and Sawyer were found guilty
that the case was appealed to the
United States supreme court and a
new trial asked, the point raised being
that the jury was not chosen in the
proper manner. The findings Of the
lower court We're affirmed and this
ended the matter until Scott, just be-
fore he was hanged. made a confess
siCn in which he declared that neither
Adams nor Sawyer were guilty. An
appeal was then made to the president
and the men were granted a respite
until November 1st so that thorough
investigation could be held. 1t result
ed in the president a few days since
refusing to interfere. Then it was
that Mr.. Peschau began to look up
decisions to see If there was not some
way in which another hearing could
be had. The point raised by Mr..
Peschau it is believed by the attorneys
in Washington is we'll taken and they
are very hopeful of the supreme court
referring the case TO Judge Purnell.
1t is thought very probable that the
men may be respited so as a further
investigation could be made. 1t result
wise they will be hanged on the first
day of November, which is next Thurs
day.
Mr. Peschau deserves great credit
for the faithful manner in which he
has worked for his two clients. He
made the trip to Washington this time
with no hope of fee or reward and this
speaks all the better for him for in
his heart he believes the two men
whom he represents are not guilty or
the crime charged, as do hundreds of
others in this city, and no effort has
been spared TO save their lives. An
attorney could not take more sincere
interest in a case than Mr.. Peschau
has in defending Adams and Sawyer.
Failure has thwarted him not and
when others would have given up he
has worked all the harder and not
until the sentence has been commut
ed or the men have been hanged will
his efforts cease.
IN view of the fact that Mr.. Peschau
is receiving nothing, not even his ex
penses. for going to Washington, some
of his friends in this city and those
interested in the case are raising
fund to defray the expenses incident
to making this last appeal TO courts.
court costs in the neighborhood of $50
and there are many other expenses
connected with it.
Mr.. Peschau will be admitted to-
day to practice before the United
States supreme court.