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Jugiro v. Brush, , December 3, 1889, by the name of Schihiok Jugigo, in the court of oyer and terminer for the county of New York, state of New York, of the crime of murder, and on the 16th day of the same month was sentenced to suffer death The sentence was stayed by an appeal to the court of appeals of New York until December 1, 1890 The judgment was affirmed on the 8th of October, 1890, that court saying: 'The record does not contain a single exception, and we are unable to perceive any reason for bringing the appeal, except to delay the execution of the judgment The evidence established beyond any doubt the commission of the crime, and the charge of the judge was fair, and properly instructed the jury upon the law needful for their guidance There can be no pretense for saying that the ends of justice require a new trial, and the judgment should be affirmed' People v Jugigo, 123 N Y 630, 25 N E Rep 317 Prior to such affirmance, namely, on the 9th of September, 1890, Jugiro filed in the circuit court of the United States for the southern district of New York a petition for a writ of habeas corpus to inquire into the cause of hisdet ention, claiming that the judgment and sentence were void under the constitution of the United States The writ was refused, and upon appeal the judgment of that court was affirmed here, November 24, 1890, upon the authority of In re Kemmler, 136 US 436, 10 Sup Ct Rep 930 #fn1.
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