Perth Amboy evening news. [volume] (Perth Amboy, N.J.) 1903-1959, 1921-11-14
KNIGHT TOD|E
IN CHAIR SOON
Court of Errors and Appeals
UphoIds Decision of
Trial Jury
MUST BE RESENTENCED
Wait Upon Justice Bergen to
Sign Second Death War
rant of Murderer

TRENTON, Nov. 14.-George
Washington Knight, the twenty-five
year old negro found guilty last
March of numbering young
Perth Amboy woman. will die in the
electric chair as originally sentenced.
The court of errors and appeals to-
day affirmed his conviction after
having given lengthy consideration
to the appeal for a new trial.
knight committed the crime on
the night of March IL and was ar
rested in his Cliffwood home at IL
O'Clock on March IA. The grand
jury indicted him following his con-
fession to the authorities and on
March "a he was found guilty of
first degree murder by a jury and
sentenced by Supreme Court Justice
Iames ]. Bergen to die during the
week of May 2.
Friends then made an application
for reversal of the verdict, his coun-
sci, William l.. Garrison, declaring
that the verdict had been returned
against the weight of evidence.
Prosecutor Joseph L. Stricken made
a motion to havo this application
for reversal of the verdict thrown
out but his request was refused. The
application then went to the court OF
errors and appeals for consideration.
Chief Justice william E. Gum
mere in making known the deci-
sion of the Court of Errors and
Appeals today said that the deci-
sion to uphold the verdict of the
Jury was unanimous, although there
was a difference of opinion among
the judges of the constitutionality
of the act passed at the last ses-
sion of the legislature pertaining
% the submitting of all the testi-
mony for consideration in such an
appeal.
One of the defenses made by
Knights counsel was that the wo-
wan was dead before the attack
vas made upon her. therefore the
rhine could not come under first
legree murder AS to the plea of
The defendant that Knight made
lis confession as the result OF
threats made by detectives. the
.ourt held that this was matter
for the jury to decide.
I'VE think the jury was entirely
justified in their determination and
the confessions, coupled with other
facts, prove beyond reasonable
doubt the defendant was guilty OF
the crime charged against him in
the Indictment, the decision OF
the higher court said.
Before Knight can be electrocut-
ed It will be necessary for a new
death warrant to be drawn up and
signed by Justice James j. Bergen.
1t is not known what date will be
set for the electrocution but it is
Expected the supreme court justice
will name an early date. owing to the
lone tip,a fbiS casa has haaO before
the courts.
Only two grounds were advanced
by William 1. Garrison, counsel for
Knight in the appeal. for setting the
conviction aside. One was that the
verdict was against the weight of
the evidence and the other was that
the testimony failed to show that
Knight committed the crime of mur-
der. 1t was urged upon the court
on Knights behalf, at the argument
in the case. that if any crime was
committed 1T was of lesser degree
than murder in the first degree.
Counsel for knight based his argu-
ment mainly upon the assumption
that the victims death was due to
fright when the negro seized her
rather than to any physical Injury
sustained at the hands of knight.
Al tie time Oh the ARGUMENT COuH-
sci was asked by Chief Justice Gum
mere how he could combat the statu-
tory provision that homicide result
ing from the commission of certain
specified crimes should constitute
murder in the first degree. knights
counsel argued that the mental con-
dition of Knight, created by drink
ing gin, was such that he could not
formulate the intention of commit
ting the crime and that he did not
do so until after death had taken
place.
A constitutional question involved
in the case was advanced by Chief
Justice Gummere, during the argu-
ment This concerned a law intro
duce6 by Senator William b. Mac
kay, of Bergen, last winter permit
ting review of the entire evidence
and record of case to determine
whether the verdict of jury was
warranted by the facts. The chief
justice suggested at that time to
counsel that this act, on which
Eright's appeal was partially based
might be in violation of the consti-
futional provisions that trial by jury
shall remain inviolate. Mr.. Garrison
replied that the Mackay act had
reen passed for a particular purpose
in the furtherance of principles of
humanity by giving appellate tri- |
bunals authority to pass upon the |
facts as well as the law in criminal
cases. to which the chief justice re-
Joined that the function of the court |
of errors was to administer law. not |
humanity.