The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-11-27

cases permitted. Your discriminating
readers may he interested to know
exactly what curse this celebrated
case took. and how the time was cor
sumed between the date Of the muir
der and the date Of tho recent affirm
ance by the Court Of Appeals. I con-
Quoted the appeal. I state the dates
upon which the several steps oc-
CURED. with enough comment TO make
matters plain:
September B-Body discovered.
october lo-Indictmcnt hied-
October 2o-Defcndant pleaded moi
guilty and insane.
December s-Fsrst trial began: Jury dts
agreed.
January is-scopnd trial began.
February Case went to jury: jury out
from 1928 p. NJ. until $50 p. NJ. verdict
Of ruilty rendered.
February ii-eentsnce Of death rsnhsred.
March Notice of appeal to Court OF
Appeal served. which. under the statute.
operated automatically a. . stay Of sue-
cution.
The foregoing table elbows that the
first trial. at which the jury disagreed.
was begun in little more than three
months from the time that the body
was discovered. II may be doubted
whether a case of such magnitude has
ever been brought or with greater ex-
petition. The magnitude OF the case
Is shown by the fact that the testi-
mony taken at tho second trial filed
three printed volumes and covered
Lar pages.
Such delays as then occurred were
incident "a the proceedings taken 10
ecu n new trial The new trial mo-
ton was unique in the history OF the
criminal law.
Schmidt did not take the stand as n
witness at either OF his trials. As
every one Is aware. he repeatedly con
fessed that he had cut the girls throat.
| His witnesses testified to a hist
| Of d~opravity upon his part which was
revolving. and his hope was hat the
jurors would acQuit him az insane ut
the time of the commission OF the
crime. As II happened. they consid-
cred that he was shamming and con-
victed him.
Immediately after his conviction he
shifted his ground: announced thai he
had eve been insane that hts in
sanity at the trial had been slammed:
declared that he had not cut the girls
throat. rs he had confessed, and
claimed that she came TO her death
by mischance as the result OF a crimi-
nal operation IN which he and three
others had participated.
llrnFnl innttfrN. tnfA fhaan ~ wi I n u
claims was Immediately begun. Schmidt
was subjected TO three protractcd ex-
/ am.nations in Sing Sing prison on
February Il. February 10 and March
l3. 1914. The third Of these examina-
tons was conducted by his own law
yer, without the presence Of any law
yer from the District Attorneys Of
fee. These three examinations when
ultimately printed filled 1oT pa gcs Of
the record.
\ formal motion for n new trial
or the ground of newly discovered
evidence then followed. The notice OF
motion was served on July 25. 1914.
and was made returnahle on Oc-
tober 8. 1914. Two experts examined
the girls body on November ., 1914.
and later filed afldlvits that In their
opinion death had been due 10 bleed
ing following n criminal operation. The
District Attorney filed eight answering
~affidavits during November. 1914. The
last motion paper, Schmidt's replying
affidavit. was filed December II. 1914.
These motion papers I'll n volume
OF $50 pages. Davis, J.. denied tho
motion without delay by order en-
tered January 2S. 1915.
The appeal & the Cour. OF Appeals
had Of course to await the DISPOSE
ton Of the new trial motion. AS soon
as that motion was denied the appeal
took It's usual curse. The delay was
no more than such as IS inevitable
whore a huge record Of l,S07 pages had
10 he prepared and printed.
The steps IN the Court Of Appeals
followed II another as follows:
1913.
June s-DStriot Attornev'a motion TO-
arrmance without argument. In Wow OF
tho delay, denied; argument set for sec
ond Monday o. the fail session.
Septemher 29-Mr. Koelhle assigned as
detendant's counsel. argument Get for Oc-
tober %. 1918.
October ?7-Appcsi orally argued, d-c,-
sion reserved.
November e3-Judgmcnt Affirmed.
To sum the matter up. this dif7cult
ease was brought TO trial IN little
more than three months after the
murder was discovered. Davis. J..
and the curt az Appeals disposed of
the new trial motion and Of the main
appeal without n moments unneces-
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