Perth Amboy evening news., 1909-06-07
Prosecutor BOOraem Pre-
sents Reasons Why Heron
Should Not Be Released.
ON HABEAS CORPUS
No Statute Exists to Cover
Natter Decision in Com
mon Law Quoted.
THE DECISION RESERVED
Gives Case Of Man Shooting
at the King of England
in 1900.
speeial b. Unlted Press wire.


Trenton, June Admitting that
there is no statutory authority in
New Jersey for holding Archibald
Heron, the slayer of Rev. Samuel
d. Prickett, of Metuchen. Prosecutor
Booraem, of Middlesex county, to-
day went back more than 100 years
for a precedent under the common
law to prevent his release from state
prison. The question came before
Justice Reed upon the return OF a
writ Of habeas corpus obtained Last
week by former Judge Cowenhoven,
who contended that the proper place
for Heron is in an insane asylum.
The unusual proceedings under
which Heron escaped electrocution
having been declared insane after
his sentence of death had been sf-
firmed by the court of errors and
appeals, were responsible for this
novel point in the states criminal
procedure. Prosecutor Booraem IN
formed the court that he bad ex-
amined carefully all the authorities
available as to the power of the
court to make disposition of the per-
son of Heron In view OF the decision
of the supreme court. Upon an earl
Ter phase of the case, he said, II
seemed clear that there is no statute
In the state upon which he could rely
and therefore the court must be
guided by the common law He add
ed that there seemed to be no doubt
that under the common law the court
In which a defendant in capital
case had been sentenced to death
could, upon suggestion of insanity,
institute an inquiry and upon the
fact OF hts insanity being found
could stay and suspend sentence. The
further power OF the court, the pros
ecutor said, was limited to remand
ing the prisoner to the prison where
he had been confined.
Mr.. Booraem cited what was
known as the Hatfield case, in which
prisoner had been indicted for
treason for shooting at the King of
England. He was tried in June,
1900, and was acquitted on account
of insanity and was then remanded
to the prison from which he came.
In that case 1t was stated by the
court, and admitted by the attorney
general and the prisoners counsel,
that under the common law the court
might do this, but 1t was all 1t could
do. being without power to change
the place or manner of confinement.
Mr.. Booraem claimed that the only
power that the court has is to keep
Heron in the state prison until the
Legislature shall pass some act pro-
viding a method of transferring con-
victed prisoners In capital cases from
state prison to the asylum.
Mr.. Cowenhoven stated that JUS
tice Bergen had granted an order
suspending sentence upon Heron
pending the further order of the
court Prosecutor Booraem denied
the existence OF such an order, say
ing that it had been exponged from
the records and a subsequent order
was made by the court remanding.
Mr.. Cowenhoven insisted that there
had been no authority for the revo-
cation of the original order, copy
of which he produced. Mr.. Cowen-
hoven insisted that the court is now
without power over Heron, but that
If It has any authority the proper
place for his confinement is an in
sane asylum rather than the prison.
Decision was reserved.