New-York tribune., 1909-02-14
RESPITEFOR MURDERER
GRANTED By. GOVERNOR.
Right of Justice to Order Stay of
Execution Discussed.

Albany, Feb lS>- Because OF unusual circum-
stances surrounding the case Governor Hughes
late to-day granted respite until March to
william Jones. negro. under sentence to die in
the electric chair at Sing Sing prison Monday
next for the murder Of l. b. Bum, a negro at
Hampstead, Nassau County. in September, 1907 In
memorandum accompanying the Governors de
clsion and In an opinion by Attorney General
OMalley the right of q Supreme Court Justice to
order stay CT execution If the Court OF Appeals
has affirmed the judgment Of conviction of murder
in the first degree and set date for the execution
is discussed length,
1t appears that after the Court of Appeals had
passed on the case order obtained from
Supreme Court Justice Samuel T. Maddox of
Brooklyn directing the District Attorney of Mas
sau County to show cause on January q last why
a new trial should not be granted on newly dis
covered evidence, contended by counsel for
Jones The order purported to stay all proceedings
on, the part Of the state to execute the Judgment
Of conviction until the determination of the mo
ton Later the hearing of the motion was set by
order of Supreme Court Justice Abel z. Blackmar,
of Brooklyn, for February 90 before Justice Gar
rett J. Garretson and further stay was granted,
although Jones was ordered by the Court OF Ap-
peals to be put to death during the week beginning
February Ia.
The orders Of the justices OF the Supreme Court
were served on the warden of Sing Sing Prison.
who through c. V. Collins. Superintendent of State
Prisons. requested the Attorney General for an
opinion
In his opinion Attorney General o'Maley refers
airy 3, 1928, addressed to Ogden Edwards prcsd-
ing judge OF Court of Oyer and Terminer, pro-
testing against the action Of in reprievng
a condemned man. Governor Clinton contended
that the constitution intrusted the Governor with
power over reprieves and pardons. and that such
power was exclusive The Attorney General holds
that in the light OF section 4e5 of the Code of
Criminal Procedure and of the constitutional pro
vision, It would appear that the order purporting
to stay the execution OF the sentence of Jones Is
without authority OF Law. The Attorney General
says, in part:
1t is plain from both the constitutional and
statutory scheme that reprieves should be sought
from the executive IL the time before that set for
execution is too short for proper and thorough
presentation to and consideration by the court of
the facts upon which the new trial is sought II
the executive is convinced that the application
Is without merit then the matter should end
Much complaint of the laws delays in criminal
cases is constantly made. With the executive in
control. through his right to hx the limit of the
reprieve. courts aided IN thwarting dilatory
tactics. This is said without any intent whatso-
ever to reflect in any way upon the merits this
application for q trial.
And in fairness to the justices who signed the
orders would add that am informed that their
attention not called 10 the provisions of sec
tion z95 those of the constitution.